High Court orders the surrender of respondent - whose surrender was previously ordered by the High Court and affirmed by the Supreme Court - to the United Kingdom, on the grounds that there is no evidence that the UK’s pending exit from the European Union will deprive the respondent of any fundamental right to which he is entitled by virtue of being surrendered pursuant to a European Arrest Warrant.
European arrest warrant – UK authorities seeking the surrender of respondent to serve sentence in respect of two offences of conspiracy to cheat the public revenue – sought for prosecution for breaching bail – High Court ordered his surrender – appeal dismissed by Court of Appeal and Supreme Court - launched a succession of legal actions with the objective of preventing his surrender – argued that by virtue of the notification by the U.K. under Article 50 of the Treaty on European Union (“TEU”) of her intention to leave the European Union (“E.U.”), the respondent’s surrender is prohibited – argued that arising from the treatment by these courts of his previous argument concerning the issue of legal aid, he was entitled to re-litigate the legal aid point - the respondent submitted that, because he did not advance the abuse of process point on the basis that his legal aid point might be held to be moot if he did, he should now be entitled to argue that abuse of process point - issued both habeas corpus proceedings and plenary proceedings challenging his surrender – Supreme Court refused application to re-enter his case – Minister for Justice conceded that the Brexit point could be raised before the High Court as it had arisen after the order for the respondent’s surrender was made but before his actual surrender - not easy to give an opinion on the likely effect/outcome of Brexit in relation to extradition in the current state of uncertainty – preliminary reference procedures not utilised in UK extradition – no preliminary reference after Brexit – post Brexit rights pursuant to the Framework Decision will be difficult to enforce – respondent requested reference to the CJEU – previous High Court decision made before Article 50 was invoked - the Court must deal with the issues of surrender on the basis of the law as it currently stands and that there was no evidence that there was a real risk that any specific right set out in the Act of 2003 (or the 2002 Framework Decision) would be violated – mutual respect and recognition - U.K. will comply with its obligations under the 2002 Framework Decision insofar as the surrender of this respondent is concerned – no real risk that this respondent will be deprived of any fundamental right to which he is entitled by virtue of being surrendered to the U.K. pursuant to a European arrest warrant - no evidence, still less substantial or reasonable evidence, that there is a real risk that the U.K. will renege on any of commitments to abide by the provisions of the 2002 Framework Decision in respect of this respondent after she has ceased to be a member of the European Union – entirely speculative arguments in relation to reference – no court proceedings will be in being at the time of Britain’s exit - no evidence to suggest that there is a real risk that the requirements on surrender will not be respected after surrender – abuse of process argument not raised in High Court – Supreme Court judgment – application to set aside Supreme Court judgment - Court is satisfied that there has been a final ruling in this case that the respondent should be surrendered to the U.K. pursuant to this European arrest warrant - High Court is not entitled to permit this matter to be relitigated, save to the extent that an entirely new matter - repeat applications for surrender are permitted and that repeat applications are not in themselves an abuse of process – surrender to UK ordered.