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High Court orders surrender to UK under European arrest warrant to serve balance of life sentence: a) where respondent serving lengthy sentence in Ireland, notwithstanding that surrender would not take place for several years; and b) where respondent had served punitive element of UK sentence with only preventive element remaining.
Criminal law– European arrest warrant – respondent serving life sentence in UK for offences including murder and robbery – released on licence but release since revoked – serving a lengthy sentence in Ireland – whether the surrender should be postponed – Framework Decision makes no provision for postponing the application for surrender itself – period of sixteen years which he has served represents the punitive phase of the life sentences, any balance of the life sentences for which his surrender is sought represents what is regarded under English law as the preventive phase of the sentences – whether it would be unconstitutional to order his surrender – whether surrender is prohibited by s. 37 of the Act.
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