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Court of Appeal dismisses appeal from High Court, and affirms refusal to grant judicial review of purported assurances given by the Irish State to the Brazilian authorities concerning a proposed extraditee (who had been extradited by the time of the appeal), on the grounds that: (a) an assurance that the extraditee would have credit for time spent in prison in Brazil could be given, as the DPP would be submitting to a sentencing judge that it was a requirement to give such credit; and (b) an assurance that the extraditee would not spend more than 30 years in prison could be given, as there was no determinate sentence in the history of the State of any greater length.
Birmingham P (judgment of the court): Judicial review - adjournments - warrants issued for arrest of applicant for theft, making false instruments and using false instruments - application for extradition from Brazil - deduction of time served in Brazil from any eventual sentence - whether State entitled to furnish such a guarantee to Brazilian authorities - applicant extradited in March 2018 - whether accused person might be required to spend more than 30 years in prison.
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