Lack of correspondence between Irish and Polish offence renders European arrest warrant invalid

May 4, 2012 By Ciaran Joyce BL in Edwards J, Ireland High Court No Comments Tags: European arrest warrant

MJLR -v- Szall [2012] IEHC 64

(High Court, Edwards J, 17 February 2012)

High Court (Edwards J) refuses surrender of respondent to Poland on grounds that Polish offence outlined in warrant did not correspond with Irish offence of being unlawfully at large, contrary to s. 6 of the Criminal Justice Act, 1960.

European arrest warrant – application for surrender on six offences – composite sentence imposed in respect of six offences – Part E of the warrant contained a description of the six offences – paragraph 2 of Article 2 of the Framework More

Difference in comparative law insufficient to defeat European arrest warrant

Apr 30, 2012 By Ciaran Joyce BL in Edwards J, Ireland High Court No Comments Tags: European arrest warrant, Extradition

Minister for Justice -v- Shannon [2012] IEHC 91

(High Court, Edwards J, 15 February 2012)

High Court grants surrender of alleged burglar to United Kingdom pursuant to European arrest warrant.

European Arrest Warrant – alleged burglary of stately homes in England – lack of specificity of involvement and participation – Section 11(1A)(f) European Arrest Warrant Act, 2003 – respondent cannot be in any doubt as to what offences the warrant relates – objection based of alleged lack of specificity is not made out – whether the More

Court refuses to enforce European Arrest Warrant on grounds of proportionality.

Apr 11, 2012 By Ciaran Joyce BL in Edwards J, Ireland High Court No Comments Tags: European arrest warrant, Misuse of drugs

Minister for Justice v. Ostrowski [2012] IEHC 57

(High Court, Edwards J, 8 February 2012)

High Court refuses to order surrender to Poland on foot of European arrest warrant for minor drugs offense, on grounds of proportionality.

Section 13 of the European Arrest Warrant Act, 2003 – surrender involves conduct of a de minimis nature – alleged possession of a very small quantity (0.72 grams) of marijuana – unjust and disproportionate interference with the respondent’s constitutional rights and rights under EU law and rights under the European Convention on Human Rights – lower gravity More

Surrender under European arrest warrant postponed, pending trial in Ireland.

Mar 29, 2012 By Mark Tottenham BL in Macken J No Comments Tags: European arrest warrant, Extradition

Minister for Justice v. Murrell 2011 [IESC] 35
(Supreme Court, Macken J, 29 July 2011)

Supreme Court dismisses appeal from High Court, and affirms decision to postpone surrender under European arrest warrant pending determination of trial in Ireland.

European arrest warrant – postponement of surrender to issuing state pending determination of trial before Irish courts – charge sheet struck out in District Court and replaced with new charge sheet – whether charges actually pending at relevant More

State that issued European arrest warrant to determine entitlement to credit for time spent in custody pending surrender.

Mar 9, 2012 By Mark Tottenham BL in Edwards J No Comments Tags: European arrest warrant

Minister for Justice v. Zigelis [2012] IEHC 12
(High Court, Edwards J, 17 January 2012)

High Court holds that issue of credit for time spent in custody pending surrender under European arrest warrant was matter for issuing state. (Full text.)

European Arrest Warrant – sentence of imprisonment for theft of mobile phone – consent to surrender – remand in custody pending transfer – postponement of surrender pending completion of sentence in Ireland – whether credit due to More

Refusal of discovery in European arrest warrant application.

Mar 8, 2012 By Mark Tottenham BL in Murray J No Comments Tags: Discovery, European arrest warrant, Fraud, Practice and procedure

Minister for Justice v. McGuigan [2012] IESC 17
(Supreme Court, Murray J (nem diss), 23 February 2012)

Supreme Court: a) allows appeal from order of discovery of material in European Arrest Warrant application; and b) strikes out certain points of objection as constituting abuse of process. (Full text.)

European arrest warrant – application for discovery – appeal from High Court – alleged offences of terrorism and illicit trafficking of weapons and munitions – discovery order made in High Court of: requests for assistance from Lithuania More

English national could not be surrendered to France for investigation or trial of murder allegedly committed in Ireland.

Mar 5, 2012 By Mark Tottenham BL in Denham CJ, Fennelly J, Hardiman J, Murray J, O'Donnell J No Comments Tags: Criminal law, European arrest warrant

Minister for Justice v. Bailey [2012] IESC 16
(Supreme Court, Denham CJ, Murray J, Hardiman J, Fennelly J, O’Donnell J (all concurring), 1 March 2012)

Supreme Court allows appeal from High Court, and refuses order to surrender English national to France for investigation or trial of alleged murder of French person in Ireland.

Denham CJ (Full text.): European arrest warrant – appeal from order of surrender in High Court (Peart J) – application for surrender to France on charge of murder allegedly committed in Ireland – whether surrender More

Refusal of application for oral evidence in European arrest warrant case.

Feb 23, 2012 By Mark Tottenham BL in Edwards J No Comments Tags: European arrest warrant

Minister for Justice v. McGuigan [2011] IEHC 514
(High Court, Edwards J, 9 December 2011)

High Court refuses application to adduce oral testimony in European arrest warrant hearing, and refuses to direct issuing state to adduce evidence challenging allegations of inhuman treatment in prisons of issuing state. (Full text.)

European arrest warrant – alleged terrorism and trafficking of weapons, munitions and explosives – application to adduce oral testimony – witnesses as to likely inhumane and degrading treatment in custody in requesting state – s More

Offender surrendered under European arrest warrant, although sentenced in absentia.

Feb 22, 2012 By Mark Tottenham BL in Edwards J No Comments Tags: European arrest warrant

Minister for Justice v. Zachweija [2011] IEHC 513
(High Court, Edwards J, 23 November 2011)

High Court grants surrender of respondent to Poland pursuant to European arrest warrant. (Full text.)

European arrest warrant – Part 3, European Arrest Warrant Act 2003 – conviction in abstentia – s 45, 2003 Act – requirement for undertaking that respondent would be re-tried – fair procedures – imposition of lengthy prison sentence in absentia – More

Minister for Justice v. Orlowski – HC – European arrest warrant, composite sentence, correspondence

Nov 16, 2011 By Mark Tottenham BL in Edwards J No Comments Tags: European arrest warrant, Extradition

Minister for Justice v. Orlowski [2011] IEHC 374
(High Court, Edwards J, 7 October 2011)

High Court refuses to surrender respondent to issuing state to serve composite sentence in respect of four offences, where one offence did not correspond with an offence at Irish law. (Full text.)

European arrest warrant – application for surrender on four offences – composite sentence imposed in respect of four offences – whether one offence corresponded to offence at Irish law – whether offence severable – offence of verbal abuse of police officers – whether facts corresponded with offence of More

Stare Decisis Hibernia

All recently-published judgments of the Irish Superior Courts

European arrest warrant