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 refused an application by the Minister for Justice to surrender an individual to the United Kingdom under a Trade and Co-operation Agreement Warrant, which sought surrender for six offences including breaches of a sexual harm order and driving while disqualified. While the court found that the relevant Northern Irish legal regime for sexual harm orders was sufficiently similar to that in Ireland and that the procedural requirements were satisfied, the court ultimately concluded that the exceptionally long delay by the authorities, combined with the individual's significant rehabilitation and deep family ties established in Ireland, meant that surrender would be a disproportionate interference with the right to private and family life. The application for surrender was therefore refused.
extradition – Trade and Co-operation Agreement Warrant (TCAW) – refusal of surrender – right to private and family life – Article 8 ECHR – sex offender order correspondence – sufficient similarity of regulatory regimes – Northern Ireland – lengthy delay – family rehabilitation – High Court – breach of interim sexual harm order – driving while disqualified – surrender application outcome – proportionality
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