Minister for Justice Equality & Law Reform v Tokarski [2012] IESC 61 (06 December 2012)

Minister for Justice Equality & Law Reform v Tokarski [2012] IESC 61 (06 December 2012)

A conviction and sentence imposed by a court in the absence of the accused, even where the accused has admitted guilt and agreed to sentence during pre-trial procedures (plea bargaining), constitutes being 'tried for and convicted of' an offence in absentia within the meaning of s.45 of the European Arrest Warrant Act 2003. The existence of plea bargaining does not remove the requirement for judicial determination, and the section must be interpreted in conformity with Article 5(1) of the Framework Decision. As the respondent was not present and no undertaking for retrial was given, surrender must be refused.

Citation
[2012] IESC 61
Parties
Applicant/appellant: Minister for Justice & Equality; Respondent: Arkadiusz Tokarski
Jurisdiction
Ireland
Judgment Date
06 December 2012
Procedural Posture
Appeal (extradition/surrender) / Supreme Court Judgment on Appeal From High Court Refusal to Order Surrender Under European Arrest Warrant Act 2003
Outcome
appeal dismissed
Legal Topics
European Arrest Warrant, In Absentia Convictions, Plea Bargaining, Interpretation of S.45 European Arrest Warrant Act 2003, Conforming Interpretation With EU Framework Decision
Criminal Law Extradition Law European Union Law European Arrest Warrant In Absentia Convictions Plea Bargaining Interpretation of S.45 European Arrest Warrant Act 2003 Conforming Interpretation With EU Framework Decision

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Parties

Minister for Justice & Equality

Applicant/appellant

Arkadiusz Tokarski

Respondent

Procedural Posture

Appeal (extradition/surrender) / Supreme Court Judgment on Appeal From High Court Refusal to Order Surrender Under European Arrest Warrant Act 2003

Legal Issues

  1. 1 Whether s.45 of the European Arrest Warrant Act 2003 applies where the accused was not present at trial and conviction in the issuing state due to plea bargaining and absence from court.
  2. 2 Whether the Polish proceedings constituted a 'trial' and 'conviction' in absentia within the meaning of s.45.

Ratio Decidendi

A conviction and sentence imposed by a court in the absence of the accused, even where the accused has admitted guilt and agreed to sentence during pre-trial procedures (plea bargaining), constitutes being 'tried for and convicted of' an offence in absentia within the meaning of s.45 of the European Arrest Warrant Act 2003. The existence of plea bargaining does not remove the requirement for judicial determination, and the section must be interpreted in conformity with Article 5(1) of the Framework Decision. As the respondent was not present and no undertaking for retrial was given, surrender must be refused.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed. High Court order refusing surrender affirmed.