AC-2024-LON-002099 - [2025] EWHC 1980 (Admin)

The warrant is issued for one offence. On 17 April 2019 the police were called by Miron Viorel in Baneasa stating that earlier in the day he had been hit with a shovel on the left shoulder by his son (the appellant) and further that the appellant’s grandmother was punched in the chest by him. The appellant’s contact with his father was in breach of a restraining order from the Tirgi Bjor District Court.

The warrant sets out that the appellant was not present at the hearing which led to the Judgment but was personally summoned for all hearings on 10 June 2020, 23 September 2020 and 18 November 2020. He was therefore informed of the date and place of the hearing which led to the judgment, and was informed that a judgment could be rendered if he was not present. Box 3.4 indicates that he has retrial rights. The warrant further sets out that during the criminal investigation the appellant benefited from legal assistance from a chosen defender (through a legal assistance order) who exercised the defendant’s trial rights.

The appellant was not personally present at the hearing which pronounced the sentenced on 25 November 2020. For the hearing on 16 June 2020, the appellant was summoned at his residence in Baneasa, through a resident at the address. For hearing 23 September 2020, the appellant was summoned at the court headquarters. On 18 November 2020, he was summoned at his residence and a resident at the address received it, and at the headquarters of the court.

The case hearing was held in public session on 18 November 2020. As more time was needed, the ruling was postponed to 23 December 2020. Romanian law provides that parties need not be summoned for pronouncement of the ruling. The sentence of 25 November 2020 was sent to the defendant at his residence on 15 April 2021 and receipt provided by Miron Viorel. It was not appealed.

During the trial, the obligation not to leave the country was not imposed on the appellant. However, Article 259 (2) of the Romanian Criminal Procedure imposes an obligation on the appellant to inform the court within 3 days of any change in his address. During the criminal prosecution, when the appellant was a “defendant in the trial”, the appellant was informed on 12 May 2019 “under signature” that he was obliged to notify in writing any change of address, in the absence of which, the summons and other documents would be deemed served.