Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
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 |
The High Court has approved the surrender of an individual to Northern Ireland pursuant to a Trade and Co-Operation Agreement warrant for prosecution on historical offences, including murder and possession of explosives and firearms dating back to the 1970s. The court found that the necessary details for surrender were met, identity was confirmed, and the offences corresponded to Irish law. The court determined that the issuing judicial authority provided a detailed explanation for the delay in seeking extradition and that the respondent's fair trial rights would not be compromised. The court concluded that the surrender proceedings did not constitute an abuse of the Irish court's process.
surrender, Northern Ireland, historical offences, murder, possession of explosives, possession of firearms, European Arrest Warrant Act, 2003, Trade and Cooperation Agreement warrant (TCAW), abuse of process, fair trial rights, human rights, correspondence of offences, delay in prosecution, extradition, mutual trust and confidence, European Convention on Human Rights (ECHR), Charter of Fundamental Rights of the European Union, Legacy Act, 2023, European Arrest Warrant (EAW), "on the runs", abuse of process jurisdiction.
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.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.