Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
Supreme Court makes a reference to the Court of Justice of the European Union concerning an application to surrender a suspect from Ireland to the UK on terrorism offences under an EU-UK trade and co-operation agreement, where a change in the law after the alleged offence meant that the suspect might face a harsher imprisonment than he would have at the time of the offence, and the applicable EU law was not sufficiently clear as to whether the surrender was lawful.
Baker J (nem diss): Application for surrender to United Kingdome - warrant issued under Trade and Cooperation Agreement between EU, European Atomic Energy Community and United Kingdom - terrorism offences alleged - entitlement to be released on licence - retrospective effect of relevant legislation - whether change in law affecting remission of sentence was in breach of Article 38 of the Constitution - offences relating to membership of proscribed organisaion - jurisdiction to order surrender - whether role of trial judge had been eroded by 2021 change in legislation.
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.
The only subject matter index for all Irish judgments over the past thirteen years. Click here to request a subscription.
Register Now