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 ordered the surrender of the respondent to Northern Ireland to face prosecution for an alleged sexual assault, rejecting the sole ground of objection concerning the minimum gravity requirement. The respondent argued that the potential maximum sentence of six months in a Magistrates Court did not meet the threshold set by European arrest warrant legislation However, the court found that the offence is punishable by up to 10 years imprisonment under Northern Irish law, thus satisfying the minimum gravity criteria for surrender, regardless of the specific court in which the case will be tried.
European Arrest Warrant Act, 2003 (the 2003 Act), sexual assault, Trade and Co-Operation Agreement warrant (TCAW), minimum gravity, surrender, Northern Ireland, Magistrates Court, Criminal Law (Rape)(Amendment) Act, 1990, High Court, prosecution, correspondence principle, sentencing jurisdiction, Framework Decision, judicial authority, extradition.
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 fast reporting service for all Irish judgments over the past ten years. Click here to request a subscription.
Register Now