Court of Appeal dismisses appeal from High Court, and affirms ruling pursuant to a European Arrest Warrant seeking additional information from an issuing judicial authority (Italy) in relation to the surrender of two respondents, on the grounds that the High Court has jurisdiction to seek further information it considers necessary in order to decide whether an order for surrender should be made.
European Arrest Warrant – nature and scope of the discretionary jurisdiction given to the High Court to require an issuing judicial authority which has transmitted a European arrest warrant to the State for execution, to provide it with necessary additional information or documents for the purpose of performing its functions – s. 20 (1) of the European Arrest Warrant Act, 2003 as amended – section 23 of the European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012) – Framework Decision 2009/299/JHA – request for missing information – whether the Italian judicial authority was being deliberately uncooperative – whether the Court had the necessary jurisdiction to invoke s. 20 to seek further information on the basis that there was sufficient information before it – Court has jurisdiction under s. 20 of the Act to seek further any information it considers necessary in order to decide whether an order for surrender should be made – fact that an absence of information could enable the Court to determine the application simply by refusing it does not mean that the power to seek further information should not be exercised – High Court may seek the assistance of the Central Authority in the administrative task of transmitting its request for the additional information – Order 98 of the Rules of the Superior Courts – appeal dismissed.