Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Court of Appeal has no jurisdiction to hear uncertified appeal of European arrest warrant surrender
|
or click here to request site subscription to search and view all judgments |
Court of Appeal grants an order, sought by the Minister for Justice, striking out an appeal lodged against a High Court order surrendering the respondent to Northern Ireland, on the grounds that the Court of Appeal does not have jurisdiction to hear it because the High Court refused to certify a point of law of exceptional importance for the purpose of an appeal.
European arrest warrant – practice and procedure – High Court surrendered respondent to Northern Ireland – s. 16(1) of the European Arrest Warrant Act, 2003 – Minister’s motion to strike out an appeal lodged against that order for surrender on the grounds that this Court has no jurisdiction to hear the appeal – High Court refused to certify a point of law of exceptional importance for the purpose of an appeal – s.76 of the Criminal Justice (Terrorist Offences) Act, 2005 – whether the uncertified appeal can be dismissed while the respondent has a constitutional challenge to legislation pending – constitutionality of s. 16(11) – Art. 47 of the EU Charter on Fundamental Rights – Article 34.4.4 of the Constitution – appellant’s application for a certificate in respect of the identified points of law said to arise from the decision of the trial judge was refused – Court of Appeal lacks jurisdiction to hear the appeal.
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.
