High Court, on foot of a Trade and Cooperation Agreement Warrant (TCAW), orders the surrender of respondent to Northern Ireland in respect of alleged possession of pornography-type offences, to which certain images referred to in the TCAW relate, but refuses to order surrender in respect of offences to which other images referred to in the TCAW relate, on the grounds that no correspondence was established in relation to these offences.
European arrest warrant - Trade and Cooperation Agreement Warrant – surrender to Northern Ireland, UK – prosecutorial warrant – seeking to surrender respondent to prosecute him in respect of 17 alleged possession of pornography-type offences -alleged lack of clarity - sufficient information has been provided for the court to carry out its functions under the Act of 2003 – correspondence – Court satisfied that correspondence can be established between the offences relating to images 1-15 referred to in the TCAW and offences under the law of the State, namely: possession of child pornography contrary to section 6 of the Child Trafficking and Pornography Act 1998 as amended by section 14 of the Criminal Law (Sexual Offences) Act 2017 - images 16 and 17 referred to “a female” and not “a female child” - possession of a pornographic image does not, in and of itself, amount to behaviour that is sexual – correspondence not established in relation to images 16 and 17 – surrender ordered in respect of offences to which images 1-15 referred to in the TCAW relate - surrender refused in respect of offences to which images 16-17 referred to in the TCAW relate –