High Court, in a European Arrest Warrant application where the surrender of a man is sought by the authorities in the United Kingdom, orders that, pending the determination of his Brexit point, which will be dealt with by the Supreme Court in a related case, there is no other reason why he cannot be surrendered, on the grounds that the minimum gravity requirement was satisfied as there is no basis for the argument that the High Court, as an executing judicial authority, must make a determination as to how the sentencing court in the issuing State will proceed to sentence.
European Arrest Warrant – extradition – surrender sought by the United Kingdom – 3 offences – exposure, failure to answer bail, failure to notify the relevant authority of travel abroad – argued that minimum gravity not satisfied - correspondence of the offence of failure to notify of travel abroad with an offence in this jurisdiction – Brexit point held in abeyance pending determination of related case in Supreme Court – correspondence - charge alleged against him as set out in the EAW - Oireachtas chose different requirements of notification - further information sought from UK - when the respondent is alleged to have travelled in a manner which was deemed to be a failure of the UK notification requirements - allegation covers a period when it is clear he was in Ireland for more than a 7 day period and he did not notify them of this change of address – corresponds with an offence in this jurisdiction - provisions of minimum gravity – 12 months - allocation for offences triable either summarily or on indictment – argued that the Court must have regard to the maximum sentence possible for the specific acts which have been committed – testimony of expert - certainty of the jurisdiction of the Magistrates’ Court - not sufficient by way of proof, when challenging the statement as to minimum gravity set out in the EAW, to rely upon a likelihood of a particular sentence being imposed, or the likelihood of a particular jurisdiction being adopted for the prosecution of the offence - matters for the issuing state and indeed for the trial court - proportionality – mitigation is a matter of sentencing that applies after the act has been committed and is to be applied by a sentencing court – no basis for the argument that the High Court, as an executing judicial authority, must make a determination as to how the sentencing court in the issuing state will proceed to sentence – no reason why he cannot be surrendered.