Extradition

Refusal of extradition to US for alleged conspiracy to distribute counterfeit banknotes.

Attorney General v. Garland 2012 [IEHC] 90
(High Court, Edwards J, 27 January 2012)

High Court refuses request for extradition to the United States for alleged conspiracy to deliver counterfeit banknotes, on the grounds that the alleged offence was regarded under Irish law as having been committed in the state.

Extradition – alleged conspiracy to commit counterfeit acts – legal provisions for extradition between Ireland and USA – Part II of the Extradition Act 1965 – Treaty on Extradition, 13 July 1983 – Agreement on Extradition between the United States More

Difference in comparative law insufficient to defeat European arrest warrant

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

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

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

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

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

Minister for Justice v. Adams – HC – European arrest warrant, sexual offences,

Minister for Justice v. Adams [2011] IEHC 366
(High Court, Edwards J, 3 October 2011)

Court grants order of surrender of respondent to Northern Ireland. (Full text.)

European arrest warrant – extradition – whether offence charged corresponded with offence at Irish law – alleged sexual offences, including rape – minimum gravity – whether times, dates and places sufficiently specified in warrant – timing of issue of warrant – trial More

Minister for Justice v. McGuinness – HC – Recusal of judge, European arrest warrant, appeal to Supreme Court

Minister for Justice v. McGuinness [2011] IEHC 313 (27 July 2011)

High Court (Edwards J) grants application on the part of the respondent that the judge recuse himself from hearing an application for certificate for appeal to the Supreme Court, on the grounds that certain comments might have led to an apprehension of bias. (Full text.)

Recusal of judge from hearing of application – European arrest warrant – appeal to Supreme Court – whether decision of High Court raised point of law of exceptional public importance – s. 16(12) of the European Arrest Warrant Act, 2003 – refusal of judge to recuse himself – conduct of judge during hearing – tone adopted by judge – perception of bias – suggestion that legal aid / Attorney General Scheme point was raised in pursuit of an agenda by the respondent’s legal team.

Minister for Justice v. Juszynski – HC – European arrest warrant, lack of legal representation, legal aid

Minister for Justice v. Juszynski [2011] IEHC 329 (28 July 2011)

High Court (Edwards J) grants order surrendering respondent to Poland pursuant to European arrest warrant. (Full text.)

European arrest warrant – application for surrender – sentence following conviction for fraud – lack of legal representation during trial – failure to advise respondent during trial of right to legal representation – recognition and respect for legal system of participating member state – failure of respondent to avail of existing legal aid system in issuing state.

Minister for Justice Equality and Law Reform v Ferenca [2008] 4 I.R. 480
State (Healy) v Donoghue [1976] I.R. 325
Cahill v Reilly [1994] 3 I.R. 547
O’Neill v Butler [1979] ILRM 243
Quaranta v Switzerland (Application no. 12744/87)
Shulepov v Russia (Application no:15435/03)
Plonka v Poland (Application no: 20310/02)
Minister for Justice, Equality and Law Reform v. Brennan [2007] 3 IR 732
Minister for Justice, Equality and Law Reform v. Stapleton [2008] 1 IR 669

Minister for Justice v. McGuinness – HC – European arrest warrant, Attorney General’s scheme, implementation of Framework Decision

Minister for Justice v. McGuinness [2011] IEHC 289 (15 July 2011)

High Court (Edwards J) grants order surrendering respondent pursuant to European arrest warrant. (Full text.)

European arrest warrant – application for surrender – sentence imposed in Belgium for offense of burglary – whether Attorney-General’s scheme represented an implementation in Irish law of obligation under Article 11.2 of Framework Decision – whether AG scheme administrative only.

M.O. Nigeria v Secretary of State [2009] 1 W.L.R. 1230
F.A. (Iraq) v Secretary of State [2010] 1 W.L.R. 2545
Pankina v Secretary of State [2010] 1 W.L.R. 1526
Minister for Justice, Equality and Law Reform v Olsson[2011] IESC 1
Minister for Justice, Equality and Law Reform v. Altaravicius[2006] 3 I.R. 148

Minister for Justice v. Zmyslowski – HC – European arrest warrant, consent to proceedings

Minister for Justice v. Zmyslowski [2011] IEHC 286 (12 July 2011)

High Court (Edwards J) grants consent to proceedings being brought in issuing state subsequent to surrender of respondent under European Arrest Warrant. (Full text.)

European arrest warrant – application following surrender of respondent for consent to proceedings not covered by warrant – s 22(7) and (8), European Arrest Warrant Act 2003 – procedure for application – whether presumption against giving of consent.

Rimsa v Governor of Cloverhill Prison [2010] IESC 47

MJELR v. Trepiak – HC – European arrest warrant, consent to further proceedings.

MJELR v. Trepiak [2011] IEHC 287 (12 July 2011)

High Court (Edwards J) grants consent to further proceedings being heard in issuing state in respect of a respondent who had already been surrendered pursuant to a European arrest warrant. (Full text.)

European arrest warrant – application by issuing state subsequent to surrender of respondent – consent to proceedings not covered by warrant – s 22(7) European Arrest Warrant Act 2003 – application for waiver of specialty – whether respondent could have been surrendered for relevant offence – Article 27, Framework Decision – drugs offence – whether discretion to consent was arbitrary and unfettered.

Minister for Justice, Equality and Law Reform v. O’Sullivan (Unreported, High Court, Edwards J., 2nd June, 2011)
Cityview Press v An Chomhairle Oiliuna [1980] IR 381
Laurentiu v Minister for Justice [2000] 1 ILRM 1
Minister for Justice v. S.M.R. [2008] 2 I.R. 242
Aamand v. Smithwick[1995] 1 ILRM 61
Pupino (Case C-105/03) [2005] E.C.R. 1-05285
Minister for Justice, Equality and Law Reform v. Altaravicius [2006] 3 I.R. 148
Minister for Justice, Equality and Law Reform v. Biggins [2006] IEHC 351

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