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Court of Appeal dismisses appeal, and affirms High Court refusal to direct an inquiry into the legality of the applicant’s detention based on an argument that the European arrest warrant legislation which detained him was unconstitutional, on the grounds that even if he was correct in his submission regarding the constitutionality of the relevant legislation, it would not render his detention unlawful.
Criminal law – Article 40.4.2 of the Constitution – habeas corpus – appeal of High Court refusal to direct an inquiry into the legality of the applicant’s detention – European arrest warrant – s. 16(1) of the European Arrest Warrant Act 2003 – section 16(4)(b) of the 2003 (as inserted by s. 10 of the European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012) – constitutional challenge to s. 16(11) of the 2003 – even if his present constitutional challenge were to succeed, it would not render his detention unlawful – complaint which was advanced in these Article 40.4.2 proceedings was not a legitimate one – application was misconceived – appeal dismissed.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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