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The High Court refused the application for extradition of a respondent to the United States to face prosecution for a 'bail jumping' offence. The court found that, although the substantive requirements for extradition were met and there was correspondence between the alleged conduct and an offence under Irish law, the respondent would have been immune from prosecution for the Irish equivalent offence due to the expiry of the statutory limitation period. Consequently, the court held that surrender was precluded by law, as the respondent could not be prosecuted or punished for such conduct in Ireland owing to the lapse of time. The court also dismissed concerns that the respondent would be punished for other extraneous offences if extradited, finding that consideration of prior convictions in sentencing did not amount to a breach of the extradition regime.
extradition application – bail jumping – statutory limitation period – immunity by reason of lapse of time – correspondence of offence – United States request – Criminal Justice Act 1984 – Extradition Act 1965 – rule of specialty – previous convictions in sentencing – affidavit evidence – refusal of surrender
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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