The Minister for Justice Equality and Law Reform v Brennan, [2006] IEHC 94 (2006)

Docket Number:2006 10Ext
Judge:Peart J.
 
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THE HIGH COURT Record Number: 2006 No. 10 Ext.Between:The Minister for Justice, Equality and Law ReformApplicantAndJohn Paul BrennanRespondentJudgment of Mr Justice Michael Peart delivered on the 14th day of March 2006:The applicant seeks an order under s. 16(1) of the European Arrest Warrant Act, 2003 for the surrender of the respondent to the United Kingdom, so that he can serve out sentences of imprisonment which were imposed on the 6th March 2002. On that date he was convicted on a charge of robbery for which he was sentenced to four and a half years, and also on a charge of breaching his bail by failing to appear in Court on 13th September 2001 for which he received a sentence of six months imprisonment to run consecutively to the other sentence. While serving these sentences he was transferred to an open prison from where he absconded on the 11th May 2003.The European arrest warrant issued by the issuing judicial authority in Scotland on the 18th November 2005 sets out a full description of the circumstances and facts which gave rise to the charge of robbery in the first place, and also the facts relating to his failure to appear as required by his bail conditions, and for which the sentences of imprisonment were imposed, and also the additional charge now in respect of which his surrender is sought, namely that of escape from lawful custody.Under s. 16(1) of the Act, this Court may make the order sought in this case provided it is satisfied as to a number of matters set out in that section, namely:(a) that the person before the Court is the person in respect of whom the warrant was issued;(b) the warrant has been endorsed in accordance with section 13 of the Act for execution;(c) where appropriate (i.e. in cases of a conviction/sentence imposed in absentia) an undertaking as required by section 45 of the Act;(d) that the Court is not required to refuse to surrender the respondent under sections 21A, 22, 23 or 24 of the Act;(e) that the surrender of the respondent is not prohibited by Part III of the Act, or the Framework Decision annexed thereto.In addition the Court must be satisfied in relation to correspondence of the offences charged, and that the offences referred to in the warrant would carry under the law of the issuing state a penalty of the required minimum gravity, namely a maximum term of imprisonment of not less than twelve months, and also, as required by section 10 of the Act as amended, that a decision has been made by the UK...

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