QUEEN'S BENCH DIVISION
London WC2A 2LL
B e f o r e :
MR JUSTICE NELSON
|REGIONAL COURT IN WLOCLAWEK, POLAND||Defendant|
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Louisa Collins (instructed by the Crown Prosecution Service) appeared on behalf of the Defendant
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"The remaining sentence to be served: 2 (two) years and 4 (four) months."
The information contained in the other warrant makes it plain that that is an inaccurate statement of the position. It was accepted at the Magistrates' Court that in fact he only had 7 months of the sentence left to serve. The single and simple ground of appeal accordingly is that the District Judge wrongly failed in those circumstances to conclude that the warrant was invalid because of that misstatement.
"particulars of the sentence which has been imposed under the law of the category 1 territory in respect of the offence, if the person has been sentenced for the offence."
Miss Powell accepts that that is a requirement which has been met in this case; but, she submits, the form of the warrant was determined by the Annex to the Council Framework Decision, and in that Annex, which sets out the pro forma which is to be used in these cases, one of the matters which is identified as a matter which has to be set out is: "Remaining sentence to be served."
"1. The European arrest warrant shall contain the following information set out in accordance with the form contained in the Annex:
(a) the identity and nationality of the requested person;
(b) the name, address, telephone and fax numbers and e-mail address of the issuing judicial authority; (c) evidence of an enforceable judgment, an arrest warrant or any other enforceable judicial decision having the same effect, coming within the scope of Articles 1 and 2;
(d) the nature and legal classification of the offence, particularly in respect of Article 2;
(e) a description of the circumstances in which the offence was committed, including the time, place and degree of participation in the offence by the requested person;
(f) the penalty imposed, if there is a final judgment, or the prescribed scale of penalties for the offence under the law of the issuing Member State;
(g) if possible, other consequences of the offence."
"All the executing Member State needs to know in these circumstances is whether or not the sentence was one for at least four months."
That is all that was necessary in the present case to determine whether the request related to an extradition offence.