Minister for Justice & Equality v Wade [2023] IEHC 469 (High Court (General), Naidoo J, 23 June 2023)

The High Court ordered the surrender of the respondent, who was detained in prison in Ireland, to Portugal pursuant to an European Arrest Warrant, on the grounds that: no trial in absentia issue arose where the respondent failed to take any steps to engage with the authorities in Portugal; and the delay would not cause the respondent any prejudice or breach his rights, and was not disproportionate where it was for the issuing state to ensure fairness in respect of the offence for which surrender of the person is sought.

European arrest warrant – Portuguese authorities sought the surrender of the respondent – EAW sought the surrender of the respondent to enforce a sentence of two years and four months’ imprisonment – s 11 and minimum gravity – lack of clarity – composite sentence – respondent objected to surrender on the basis that it is prohibited by s 45 of the European Arrest Warrant Act 2003 because notification of the date and place of trial was served on him at a time when he was a prisoner serving a sentence of imprisonment in Ireland – could not have attended the trial – additional information – trials in absentia – argument to the effect that formal notification was not, in the circumstances, sufficient protection of his fair trial rights because he was in custody when notice was served on him and could not have attended the trial – respondent contacted the authorities in the requesting state and alerted them to the fact that he did want to participate in the trial, their response might or might not have resulted in any subsequent trial in absentia being unfair – respondent’s decision not to take steps to engage with the authorities in the requesting state means the issuing authority are entitled to rely on Part D.3.1b of the warrant to satisfy s 45 of the 2003 Act – delay – consequences of being remanded in custody in EAW proceedings and proportionality – for issuing state to ensure fairness in respect of the offence for which surrender of the person was sought – postponement of surrender – what happened thereafter would depend very much on the actual duration of the respondent’s life sentence – delay did not cause the respondent any prejudice – no breach of his rights – surrender ordered.

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