The Supreme Court has referred a case to the Court of Justice of the European Union (CJEU) in which the appellants challenged the legal basis for their surrender to the UK on foot of a European arrest warrant. The appellants had claimed that the EAW system between Ireland and the UK was invalid beca
Extradition
Extradition cases for suspects in Ireland wanted for prosecution abroad have more than tripled since Ireland joined an EU-wide police information sharing system. Ireland joined the Schengen Information System (SIS II) four months ago and it has led to the arrest of dozens of suspects who are wanted
The Court of Appeal has dismissed the appeal of a man against an order for his surrender to the United Kingdom to face charges of sexual abuse of a young girl. The appellant argued that his surrender would be incompatible with his right to family and private life under Article 8 of the European Conv
The High Court has refused to extradite a man to Poland in circumstances where the authorities had failed to effect his surrender for more than seven years. The man had previously been surrendered to the Irish authorities for extradition in 2012 but was released after the Irish/Polish authorities fa
Sibel Top, a PhD fellow of the Flemish Research Foundation (FWO) at the Vrije Universiteit Brussel, considers whether EU extradition laws have passed the "Catalan test". On 8 March 2021, the European Parliament voted to lift the immunity of Catalan MEPs, Puigdemont, Comin and Ponsati. Although this
It could take a year to extradite criminal suspects from Ireland to the UK and vice versa after the Brexit transition period comes to an end, the chief constable of the PSNI has warned. Giving evidence to Westminster's Northern Ireland affairs committee, chief constable Simon Byrne said it would tak
The High Court has refused the surrender of Ian Bailey pursuant to a French EAW. Background
After a legal battle lasting nearly 12 years, the High Court will order the extradition of Liam Campbell, who was found civilly liable for the Omagh bombing, to Lithuania where he is wanted on international weapons trafficking charges. Mr Campbell, 58, was arrested in December 2016, on foot of the s
A failure by Russian authorities to respond to the High Court’s concerns about prison conditions and fair trial rights in Russia has resulted in the immediate “termination” of an extradition request. Igor Khatlamadzhiyev, 47, was wanted for a number of alleged thefts and robberies
The UK is to withdraw from the European arrest warrant scheme. In a document detailing Britain's approach to negotiations with the EU, the UK government said: “The agreement should instead provide for fast-track extradition arrangements, based on the EU’s surrender agreement with Norway
An application for the surrender of a man sought by Romania under a European Arrest Warrant has been refused in the High Court. Calling for modification of the European Arrest Warrant Act 2003, Mr Justice Donald Binchy said the man was benefitting from the Romanian Court’s decision to grant hi
Two men challenging their surrender to Northern Ireland to face trial for the attempted murder of two PSNI officers have had their applications for discovery of evidence gathered by gardaí dismissed in the High Court. Describing the applications as a fishing expedition, Mr Justice Donald Binc
A man who objected to his surrender to Poland on the basis of systemic breaches to the rule of law which would impact his fair trial rights has had his appeal dismissed by the Supreme Court. Delivering the leading judgment, Mr Justice Donal O’Donnell said that the CJEU had made it clear that f
A man facing extradition to Poland under a European Arrest Warrant has had arguments based on Article 3 of the European Convention on Human Rights rejected in the High Court. Referring to a recent report regarding prison conditions, Mr Justice Donald Binchy said that 3m² of floor space per pris
A man who accumulated a total of 47 convictions between October 2015 and March 2017 has lost his challenge against the decision of the Minister for Justice and Equality to make a removal order and a five-year exclusion order against him. Refusing to grant the orders of certiorari sought, Mr Justice