Surrender to UK ordered where expert evidence confirmed respondent’s ability to understand the legal issues

Trade and Cooperation Agreement Warrant – UK authorities seeking surrender of respondent in order to prosecute him in respect of alleged Assault, Threats to Kill, Cruelty and Dangerous Driving-type offences – points of objection - diagnosed with 3 brain aneurysms and was HIV Positive – seriously ill and in treatment - appeared to suffer from a cognitive impairment insofar as he stated that he could not remember when he had been diagnosed or other details of his care - cognitive ability of the respondent, his ability to engage with his legal advisors, his ability to comprehend the nature of the proceedings – expert reports - acquired brain injury and as meeting the criteria for a mild intellectual disability - respondent has the ability to comprehend the legal issues he faces, and that he has the ability to make judgments concerning various aspects of the proceedings in respect of which his judgment is required - respondent understands the nature, effects and consequences of the judgments made by him, and has the ability to express these and give appropriate instructions to his legal team – test governing issues of incapacity - respondent’s cognitive ability cannot be said to be so impaired - surrender of the respondent is not precluded – surrender ordered