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European arrest warrant did not contain enough specificity to order surrender
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Supreme Court dismisses appeal by Minister for Justice of High Court's refusal to make an order surrendering a man to Spain on the basis that the warrant did not contain the required specificity and unambiguous clarity about the number and nature of the alleged offences for which it is asked to have him forcibly delivered.
Hardiman J (nem diss): European Arrest Warrant – appeal of the Minister of order of the High Court refusing to surrender respondent to Spain – whether European Arrest Warrant issued by the Spanish judicial authorities was deficient in that it did not contain a clear or satisfactory statement of the offence or offences for which it was intended to put him on trial in Spain – whether Court had power to entertain argument because it was not the point certified by the High Court as being a point of law of exceptional public importance – Section 16(12) of the European Arrest Warrant Act 2003 – Section 12(f) of the Criminal Justice (Miscellaneous Provisions) Act 2009 – no statutory provision is necessary to confirm or confer such jurisdiction – Farrell and Hanrahan The European Arrest Warrant in Ireland (Clarus Press, 2011) – open to this Court in the present appeal to consider any point which arises, and not simply the particular point which was certified – arrest warrant in this case seems internally inconsistent – appeal dismissed.
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