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
Extradition
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
The Irish Human Rights and Equality Commission (IHREC) appeared before the Supreme Court yesterday in the landmark Artur Celmer case concerning the European Arrest Warrants system and the right to a fair trial. The commission, in its now-published legal submissions, has sought to assist the court by
Draft legislation providing for cross-border recognition of bail decisions and the monitoring of bail conditions is set to be published. The Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Bill 2019 will implement an EU framework decision from 2009, drawn up in response to
A man accused of offences relating to a car bomb in 1972 which killed two members of the UDR has lost an appeal against an order for his surrender on foot of a European Arrest Warrant. Finding that the question of whether the prosecution of John Downey would be an abuse of process due to the “
The High Court has refused to grant an order for the surrender of a man to Poland pursuant to a European Arrest Warrant issued in 2018. In 2013, the High Court had refused surrender when considering a warrant issued in 2010 for the same offences.
Judges in the Netherlands have refused to extradite a suspected drugs smuggler to the UK over concerns that conditions at HMP Liverpool are "inhuman and degrading", the Liverpool Echo reports. The Ministry of Justice (MoJ) said: "Since providing reassurances the court has postponed its decision."
A High Court judge has surrendered for extradition a man who absconded to Ireland after spending 31 years in prison for a murder he committed when he was a child. Roy Norman Kenyon came to Ireland in 2003 while serving his sentence for the murder of Margaret Potts, an elderly shopkeeper, whom he bea
The Irish Human Rights and Equality Commission (IHREC) has been granted liberty to exercise its amicus curiae function in a landmark Supreme Court case concerning a man sought by Polish authorities under a European Arrest Warrant. Last November, Ms Justice Aileen Donnelly of the High Court ruled tha
A man who has been accused of creating a website facilitating access to child pornography, and whose surrender to the United States has been ordered, has lost his appeal to the Supreme Court in which he raised issues with the role of the Minister for Justice and Equality under the Extradition Act 19
A "no deal Brexit" does not amount to a "point of law of exceptional public importance” that would require determination by the superior courts in extradition cases, a High Court judge has said. Ms Justice Aileen Donnelly made the comments in refusing former Republican paramilitary Declan "Wha
A handful of serious offenders in Ireland may have to be released in the event of a no-deal Brexit, the Cabinet has been told. Justice Minister Charlie Flanagan told his Government colleagues that a small number of offenders could be affected as a result of the impact of a no-deal Brexit on the Euro