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High Court orders the surrender of the respondent to the UK on foot of a Trade and Cooperation Agreement Warrant, on the grounds that: the assertion that the alleged victim may not give evidence at the respondent’s trial does not rebut the statutory presumption that there has been a decision to prosecute the respondent; and correspondence can be established with an offence in Irish law, namely the offence of failure to surrender to bail contrary to statute.
Trade and Cooperation Agreement Warrant – UK authorities seeking the surrender of the respondent - warrant seeks the surrender of the respondent in order to prosecute her in respect of alleged assault and breach of bail-type offences – points of objection – additional information – presumption that there has been a decision to prosecute the respondent - assertion that the alleged victim may not give evidence at the respondent’s trial, does not rebut the statutory presumption - confirmation from the issuing judicial authority, the prosecution is viable - correspondence – bail offence - satisfied that had the above acts taken place in this jurisdiction, the respondent would be found guilty of the offence of failure to surrender to bail contrary to Section 13 of the Criminal Justice Act, 1984 - sufficient similarity in the legislative regimes of this state and the issuing state – surrender ordered
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