Min for Justice v Ayton
| Jurisdiction | Ireland |
| Judge | Mr. Justice Eagar |
| Judgment Date | 10 March 2015 |
| Neutral Citation | [2015] IEHC 212 |
| Court | High Court |
| Date | 10 March 2015 |
[2015] IEHC 212
THE HIGH COURT
BETWEEN
AND
Criminal – Multiple offences – Theft – Possession of Stolen Property – Violations of Motor Vehicles Law – Revocation of driver's licence – European Arrest Warrant Act 2003.
Facts: The respondent was arrested and charged with motoring offences. The applicant now sought an order pursuant to s. 16 of the European Arrest Warrant Act 2003 directing the surrender of the respondent, convicted of various offences, to a person duly authorised by the issuing state to receive the respondent. The respondent declined to consent to his surrender to Northern Ireland.
Mr. Justice Eagar held that the application for an order pursuant to s. 16 of the European Arrest Warrant Act 2003 would be granted. The Court held that the respondent's sentence would neither be contrary to the European Convention on Human Rights nor the Constitution. The Court observed that the provisions of the European Arrest Warrant Act 2003 (as amended) would be satisfied. The Court declined to make an order regarding the offences in the warrant in relation to fines and disqualifications.
JUDGMENT of Mr. Justice Eagar delivered on the 10th day of March 2015
1. The Respondent is the subject of European Arrest Warrant issued by the presiding District Judge of the Magistrates Court in Laganside Courts, Oxford Street, Belfast, Northern Ireland. The warrant was dated the 27 th June 2014. On the 7 th August 2014 on arrest he admitted he was the person named within the warrant. He has been in custody since that date. The matter was adjourned from time to time until it came on for hearing before this Court initially on the 12 th February 2015 and continuing on the 20 th February 2015. Following the s. 16 hearing, the court reserved its judgment which it now delivers. The court is asked by the Applicant to make an order pursuant to s. 16 of the European Arrest Warrant Act 2003 directing that the Respondent be surrendered to such person as duly authorised by the issuing state to receive him. The Respondent does not consent to his surrender to Northern Ireland and this Court's jurisdiction to make an order directing the Respondent to be surrendered is dependent upon a judicial review finding that the requirements of s. 16 of the Act of 2003 have been satisfied.
2. In addition to the European Arrest Warrant there was a request for additional information from the Applicant to the National Crime Agency in London dated the 16 th July 2014. This was responded to on the 21 st July 2014 by the Crown Solicitor for Northern Ireland. A further request for additional information was sought dated the 15 th January 2015 and this was responded to by the Assistant Director of Public Prosecution Service of Northern Ireland dated the 19 th January 2015. A further request for additional information was sought dated the 13 th February 2015 and this was responded to by the Public Prosecution Service of Northern Ireland on the 16 th February 2015.
3. Points of objection were lodged by the Respondent on the 6 th October 2014. On the 9 th February 2015, Detective Sergeant James Kirwan swore an affidavit outlining the arrest and detention of the Respondent. Subsequently submissions were lodged by the Applicant and additional submissions were filed by both parties.
4. The court has before it an affidavit of arrest sworn by Detective Sergeant James Kirwan. No issue has been raised as to identity. There is an acceptance by the Respondent that he is the person to whom the European Arrest Warrant relates.
5. The court has received and scrutinised a true copy of the European Arrest Warrant in this case together with the additional information dated the 1 st July 2014, the 19 th January 2015 and the 16 th February 2015. The court is satisfied following its consideration of this evidence and documentation that;
a) The European Arrest Warrant in this case has been endorsed for execution in accordance with s. 16 of the Act of 2003.
b) The European Arrest Warrant in this case was duly executed and the person who was arrested and brought before the court is the person in respect of whom the European Arrest Warrant is issued.
c) The European Arrest Warrant in this case is manifestly in the correct form and although the European Arrest Warrant is a conviction type warrant there is no suggestion that the Respondent was tried in absentia
6. In addition the court is satisfied to note the existence of the European Arrest Warrant Act 2003 (Designated Member States) Order 2014. It duly notes that by a combination of s. 3 (1) of the Act of 2003 and Article 2 of and Schedule 2 the 2004 Designation Order, the United Kingdom of Great Britain and Northern Ireland is designated for the purposes of the Act of 2003 as being a state that has under its national law given affect to the framework decision.
7. The United Kingdom seeks the surrender of the Respondent who had been convicted of various offences and was sentenced to a total determinative custodial sentence imposed on the requested person of 12 months in custody followed by 18 months on licence.
8. The Respondent was sentenced on the 6 th September 2014 by the Crown Court sitting at Derry, Co Londonderry, Northern Ireland on the 17 th April 2012. On the 6 th September 2012 the said Crown Court sentenced the requested person in respect of all of the offences. He was released on the 13 th June 2013 having signed a licence and agreed to the terms therein. The licence was revoked on the 17 th September 2013 and he was thereafter deemed under the Northern Ireland legislation to be unlawfully at large and was therefore liable to immediate arrest to "serve the remainder of the sentence imposed by the court".
9. I will recite the offences in full with the penalties imposed:-
2 "1. That he on the 30 th day of October 2010 in the County Court Division of Londonderry without lawful excuse knowing that certain property namely a Ford Mondeo car VRM..ECZ6744 had been obtained in the Republic of Ireland under such circumstances that if it had been so obtained in Northern Ireland the person obtaining it would have been guilty of theft, had such property in his possession, contrary to s. 23 (4) of the Theft Act (Northern Ireland) 1969.
Sentenced to imprisonment for 12 months followed by a period on licence of 12 months.
2. That he on the 30 th day of October 2010 in the County Court Division of Londonderry drove a mechanically propelled vehicle dangerously on roads namely Craigavon Bridge and Foyle Road, Londonderry contrary to article 10 of the Road Traffic (Northern Ireland) Order 1995.
Sentenced to imprisonment for 9 months followed by a period on licence of 9 months and disqualified from driving for 5 years.
3. That on the 30 th day of October 2010 in the County Court Division of Londonderry, drove on a road a motor vehicle namely a Ford Mondeo car VRMECZ 6744 without being the holder of a driving licence authorising him to drive a motor vehicle of that class, contrary to article 3 (1) of the Road Traffic (Northern Ireland) Order 1981.
Fined £100 and disqualified from driving for 12 months.
4. That he on the 30 th day of October 2010 in the County Court Division of Londonderry being the driver of a mechanically propelled vehicle on a road or other public place namely, Craigavon Bridge, Londonderry, failed to stop when required to do so by a Constable in uniform, contrary to article 180 of the Road Traffic (Northern Ireland) Order 198.
Fined £100 and disqualified from driving for 12 months.
5. That he on the 30 th day of October 2010 in the County Court Division of Londonderry used a motor vehicle namely a Ford Mondeo car VRM ECZ6744 on a road or other public place namely Foyle Road, Londonderry, without there being in force in relation to the user of the said motor vehicle by him such a policy of insurance or such security in respect of a third-parties risks as complied with the requirement of part VIII of the Road Traffic (Northern Ireland) Order 1981 and contrary to article 90 (4) of the Road Traffic (Northern Ireland) Order 1981.
Fined £100 and disqualified from driving for 12 months.
6. That he on the 16 th day of September 2010 in the County Court Division of Londonderry being a person connected with a child under the age of 16 namely Chloe Hunter did take the said Chloe Hunter out of the United Kingdom without the appropriate consent contrary to article 3 of the Child Abduction (Northern Ireland) Order 1985.
Imprisoned for 12 months followed by a period on licence of 18 months.
7. That he on the 16 th day of September 2010 in County Court Division of Londonderry not being the parent or guardian or a person who has been awarded custody whether solely or jointly of a child namely Tammi Lee Diver without lawful authority or reasonable excuse to take the said Tammi Lee Diver so as to keep her out of the lawful control of any person having lawful control of her contrary to article 4 of the Child Abduction (Northern Ireland) 1985.
Imprisonment for 10 months followed by a period on licence of 10 months.
8. That on the 16 th day of September 2010 in the County Court Division of Londonderry having taken a motor vehicle namely a Volvo V70 Estate Hearse VRM WCZ2256 for his own or another's use without the consent of the owner or such lawful authority or...
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