Surrender to United Kingdom refused on double jeopardy grounds

By: Amy Walsh BL

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High Court refuses surrender of the respondent to the United Kingdom on double jeopardy grounds, the court finding that the final judgment in relation to the offence on the warrant correlated to a judgment which had already been given in Ireland for the offence of having custody or control of a false identity card.

United Kingdom sought surrender of man for possession of false identity documents without reasonable excuse– section 6(1)(a) of the Identity Documents Act 2010 - other alleged smuggling and fraud-type offences – sought under Trade and Cooperation Agreement Warrant - Correspondence established offence 5 and the offence of custody or control of false instruments contrary to section 29 of the Criminal Justice (Theft and Fraud) Offences Act, 2001 - Respondent argues double jeopardy - section 41 of the Act of 2003 - ne bis in idem principle – argues he has already been tried and convicted in the State for the same offences for which his surrender is now sought by the UK - Respondent pleaded guilty to a number of offences before Dublin Circuit Court - sentenced to 5 years imprisonment in 2022 – charged with one count of conspiracy to commit a serious offence - conspiracy being to facilitate unlawful immigration into the United Kingdom - money-laundering - four counts of use of a false instrument - custody or control of a false instrument - making a false instrument – the Court was provided with a copy of the indictment and Book of Evidence as well as a copy of the transcript of the sentencing hearing - Respondent pleaded guilty to certain counts - evidence was received by the Circuit Court on a full facts basis - the conduct in respect of which the Respondent pleaded guilty and was sentenced therefore related to identified individuals and specific documents - the particulars of offences 2, 3, 4 and 6 in the warrant could not therefore be said to be the same acts or constitute in whole or in part offences for which there had been a final judgment, because they involve different people and documents that formed no part of the sentence imposed by the Circuit Court – Court found that final judgment had been given in Ireland for the offence of having custody or control of the false identity card to which offence 5 in the warrant related - Respondent already sentenced for the same acts as those to which offence 5 related - surrender in respect of this offence refused - in respect of other offences surrender was allowed.

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.

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