Court of Appeal answers certified question of law from the High Court in relation to European Arrest Warrant proceedings concerning whether it is an abuse of process of the High Court to surrender a person in circumstances where an assurance was given by the authorities in the issuing state which led to the person to act to his detriment, which facilitated the gathering of evidence when it has not been established in evidence that the assurance or the continued existence of the assurance was deliberately or intentionally given or maintained for the purpose of misleading the requested person to act to his detriment, finding that: (a) the abuse asserted to exist must be of the processes of the High Court in this jurisdiction dealing with the application for surrender, and therefore must relate to the application for surrender itself, and not to the prosecution of the offences which the respondent will face if he/she is surrendered; and (b) the High Court was correct to order the surrender of the Appellant to Northern Ireland.
Court of Appeal - European arrest warrant - Certified question of law - abuse of process - whether it is an abuse of process of the High Court to surrender a person in circumstances where an assurance was given by the authorities in the issuing state which led to the person to act to his detriment which facilitated the gathering of evidence when it has not been established in evidence that the assurance or the continued existence of the assurance was deliberately or intentionally given or maintained for the purpose of misleading the requested person to act to his detriment - authorities sought to surrender the appellant to Northern Ireland to be prosecuted for two alleged offences of murder, and a third alleged offence of aiding and abetting the causing of an explosion likely to endanger life - appellant alleged that he had received a letter of comfort as a result the Good Friday Agreement - the appellant had a previous prosecution stayed as a result of an abuse of process due to said letter - there can be circumstances which justify the High Court refusing an application for surrender on the basis of abuse of process - such cases require some exceptional circumstance to justify such refusal - the abuse asserted to exist must be of the processes of the High Court here dealing with the application for surrender, and therefore must relate to the application for surrender itself, and not to the prosecution of the offences which the respondent will face if he/she is surrendered - whether there might be an abuse of process were the respondent put on trial for the offences for which surrender is sought is not a matter for determination in this jurisdiction on an application for surrender - High Court judge correct to order surrender - appeal dismissed.