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High Court, pursuant to an European Arrest Warrant, orders the respondent be surrendered to the United Kingdom for prosecution for indecent assault on the grounds that, despite the fact that he was twice told that he would not be prosecuted, his surrender did not give rise to exceptionally injurious and harmful consequences disproportionate to the legitimate aim of prosecuting him.
European arrest warrant – prosecutorial warrant - indecent assault - offence alleged to have occurred some considerable time ago - respondent was questioned by the police in the days following the alleged offence and again in 2014 when he attended a police station in Northern Ireland voluntarily – informed that there would be no prosecution – on review following a complaint decision not to prosecute was reversed - contended that the date and circumstances of the alleged offence are not correct – year of offence was incorrectly stated - clearly a typographical error – offence recorded with sufficient precision – respondent aware of the nature of the offence – prosecutorial delay – lack of fair procedures - no evidence at all to suggest that remedies as regards the delay in this case, the prejudice that the respondent may have suffered, or the lack of opportunity to have an input into the decision to recharge him, cannot be dealt with in the United Kingdom - respondent objects to his surrender on the ground that to do so would interfere with his right to respect for his private and family life as guaranteed by Article 8 of the European Convention on Human Rights – principles governing Article 8 cases - length of the delay is a factor to be taken into account in the assessment of the overall public interest in surrender - public interest in prosecuting – impact on the respondent’s son - right to family life - whether the surrender gives rise to exceptionally injurious and harmful consequences for the respondent that are disproportionate to the legitimate aim to prosecute him – Court ordered the respondent to be surrendered
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