QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
London WC2A 2LL
B e f o r e :
|CLUJ-NAPOCA COURT, ROMANIA||Respondent|
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Mr N Hearn (instructed by the Crown Prosecution Service) appeared on behalf of the Respondent
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"2 years in jail as result of probation revocation for the 381 days in jail, remained unexecuted of his sentence of three years and six months in prison by the criminal sentence no 194 of 10 February 2004 of the Cluj-Napoca Court, merged with the punishment of imprisonment for 2 years applied in the criminal case number 17343/211/2010; thus it has been established the heaviest penalty of two year imprisonment."
Box E of the warrant provides that the offence to which the warrant relates is the commercial burglary.
"... completely artificial, indeed plain wrong, to say that the total sentence of 18 months' imprisonment was for, let alone solely for, the second offence (that is, the supermarket burglary). Consequently, sufficient particulars of conviction in respect of both offences were required under section 2(6)(b) for this European Arrest Warrant to be valid. Since, as is conceded, such particulars of conviction were not given in relation to the first offence, the warrant is invalid."