The High Court has ordered Farah Damji’s surrender to the United Kingdom under a European arrest warrant, after dismissing her objections to the request. The order, made under section 16 of the European Arrest Warrant Act 2003, concerns the execution of outstanding custodial sentences.
Mr Justice Paul Burns delivered judgment on 31 January 2022. The warrant sought Damji’s surrender in connection with sentences imposed in 2016 and 2020. The 2016 sentence was five years’ imprisonment, with eight months left to serve following the recall of her licence. The 2020 sentences, initially ordered to run consecutively, were changed on appeal to run concurrently. The UK authorities confirmed that the total sentence for those offences was 18 months, though the High Court noted that the prison authorities would calculate the time remaining.
Damji objected that surrender was barred on several grounds, including that the 2020 appeal had taken place in her absence, that the offences did not correspond to offences under Irish law, that she might face proceedings for breach of bail, and that her medical needs would not be adequately met in UK custody.
The judge found the appeal did not breach her defence rights: Damji had initiated it and was represented by counsel. On correspondence, he found that the 2016 offences and one of the 2020 offences did not meet the relevant test. He did find correspondence between the second 2020 offence, involving publication of a victim’s written statement in breach of a restraining order, and an offence under Irish law.
The court also rejected the argument that Damji would face unlawful prosecution or detention for breach of bail. The judge said the evidence did not establish that the UK intended to act contrary to the rules governing surrender, and that any future restriction on her liberty for another offence would have to comply with those rules.
On medical care, the court considered reports describing differing views about Damji’s diagnoses and recommended treatment, as well as assurances from UK authorities. Those assurances included assessment by a nurse and GP after arrival, access to her medical notes, and referral to specialists as considered necessary. The judge said the evidence did not establish a real risk that her detention conditions would amount to inhuman or degrading treatment.
The court further dismissed objections concerning the warrant’s level of detail and the UK’s withdrawal from the European Union. It said Damji had a short period of custody left to serve before release on licence, but did not specify the precise time remaining. The surrender order followed the dismissal of all objections.