Minister for Justice and Equality v Anthony Craig

• Jurisdiction: Ireland
• Court: High Court
• Judge: Mr Justice Edwards
• Judgment Date: 31 July 2014
• Neutral Citation: [2014] IEHC 460
• Date: 31 July 2014

[2014] IEHC 460

THE HIGH COURT

[No. 343 EXT./2012]

Min for Justice v Craig

APPROVED

Mr. Justice Edwards

JUDGEMENT

IN THE MATTER OF THE EUROPEAN ARREST WARRANT ACT 2003, AS AMENDED

BETWEEN

THE MINISTER FOR JUSTICE AND EQUALITY

APPLICANT

AND

ANTHONY CRAIG

RESPONDENT

EUROPEAN ARREST WARRANT ACT 2003 S13

EUROPEAN ARREST WARRANT ACT 2003 S16

EUROPEAN ARREST WARRANT ACT 2003 S45C(1)(A)

EUROPEAN ARREST WARRANT ACT 2003 S21A

EUROPEAN ARREST WARRANT ACT 2003 S22

EUROPEAN ARREST WARRANT ACT 2003 S23

EUROPEAN ARREST WARRANT ACT 2003 S24

CRIMINAL JUSTICE (TERRORIST OFFENCES) ACT 2005 S79

CRIMINAL JUSTICE (TERRORIST OFFENCES) ACT 2005 S80

CRIMINAL JUSTICE (TERRORIST OFFENCES) ACT 2005 S81

CRIMINAL JUSTICE (TERRORIST OFFENCES) ACT 2005 S82

EUROPEAN ARREST WARRANT ACT 2003 S3(1)

EUROPEAN ARREST WARRANT ACT 2003 (DESIGNATED MEMBER STATES) ORDER 2004 SI 4/2004 ART 2

EUROPEAN ARREST WARRANT ACT 2003 (DESIGNATED MEMBER STATES) ORDER 2004 SI 4/2004 SCHED

R (ANDERSON) v SECRETARY OF STATE FOR THE HOME DEPT 2003 1 AC 837 2002 3 WLR 1800 2002 4 AER 1089

CRIMINAL JUSTICE ACT 2003 SCHED 22 PARA 3 (UK)

CRIME (SENTENCES) ACT 1997 S28 (UK)

CRIMINAL JUSTICE ACT 2003 SCHED 21 (UK)

CRIME (SENTENCES) ACT 1997 S28(6) (UK)

CRIME (SENTENCES) ACT 1997 S28(7) (UK)

EUROPEAN UNION COUNCIL FRAMEWORK DECISION 13.6.2002 (EUROPEAN ARREST WARRANT ACT 2003) ART 2(2)

EUROPEAN ARREST WARRANT ACT 2003 S38(1)(B)

EUROPEAN ARREST WARRANT ACT 2003 S38(1)(A)(i)

CONSTITUTION ART 40.4

EUROPEAN ARREST WARRANT ACT 2003 S37(1)

EUROPEAN CONVENTION ON HUMAN RIGHTS & FUNDAMENTAL FREEDOMS ART 8

CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994 S4

MIN FOR JUSTICE v NOLAN UNREP EDWARDS 24.5.2012 2012/27/7892 2012 IEHC 249

MIN FOR JUSTICE v WHARRIE UNREP PEART 22.1.2009 2012/29/8404 2009 IEHC 630

MIN FOR JUSTICE v MURPHY 2010 3 IR 77 2010 2 ILRM 395 2010/35/8853 2010 IESC 17

MIN FOR JUSTICE v KELLY AKA NOLAN UNREP SUPREME 10.12.2013 2013/33/9955 2013 IESC 54

O'LEARY v AG 1993 1 IR 102 1991 ILRM 454 1990/10/2890

O'LEARY v AG 1995 1 IR 254 1995 2 ILRM 259 1995/11/2988

DPP v O'T (D) 2003 4 IR 286 2003/19/4385

CANNON, STATE v KAVANAGH 1937 IR 428 1937 71 ILTR 248

AHERNE, STATE v COTTER 1982 IR 188 1983 ILRM 17

HEALY, STATE v DONOGHUE & ORS 1976 IR 325

NOTTINGHAMSHIRE CO COUNCIL v B (K) & B (K) 2012 2 ILRM 170 2013/40/11598 2011 IESC 48

MIN FOR JUSTICE v SHANNON UNREP EDWARDS 15.2.2012 2012/28/8071 2012 IEHC 91

MIN FOR JUSTICE v BRENNAN 2007 3 IR 732 2007/40/8282 2007 IESC 21

MIN FOR JUSTICE v STAPLETON 2008 1 IR 669 2008 1 ILRM 267 2007/41/8499 2007 IESC 30

CLARKE v MCMAHON & GOVERNOR OF PORTLAOISE PRISON 1990 1 IR 228 1990 ILRM 648

DPP v CAMPBELL & RYAN; DPP v MCKEE & ORS 2 FREWEN 131 1983/1/201

PILECKI v CIRCUIT COURT OF LEGNICA, POLAND 2008 1 WLR 325 2008 4 AER 445 2008 UKHL 7

GROSSKOPF v GERMANY 2011 53 EHRR 7 2010 ECHR 1581

STAFFORD v UNITED KINGDOM 2002 35 EHRR 32 13 BHRC 260 2002 CRIM LR 828 2002 AER (D) 422 (MAY) 2002 ECHR 470

WYNNE v UNITED KINGDOM 1995 19 EHRR 333 1994 ECHR 24

KAFKARIS v CYPRUS 2009 49 EHRR 35 25 BHRC 591 2010 1 PRISON LR 1 2008 ECHR 143

JAMES & ORS v UNITED KINGDOM 2013 56 EHRR 12 33 BHRC 617 2012 ECHR 1706

R (WELLINGTON) v SECRETARY OF STATE FOR THE HOME DEPT 2009 1 AC 335 2009 2 WLR 48 2009 2 AER 436 2008 UKHL 72

R v BIEBER 2009 1 WLR 223 2009 1 AER 295 2008 HRLR 43 2008 EWCA CRIM 1601

HARKINS & EDWARDS v UNITED KINGDOM 2012 6 COSTS LO 733 2012 55 EHRR 19 2012 ECHR 45

AHMAD v UNITED KINGDOM 2013 56 EHRR 1 2012 AER (D) 148 (APR) 2012 ECHR 609

R v OAKES & ORS 2013 QB 979 2013 3 WLR 137 2013 2 AER 30 2012 EWCA CRIM 2435

VINTER & ORS v UNITED KINGDOM 2012 55 EHRR 34 2012 ECHR 61

AG, PEOPLE v O'CALLAGHAN 1966 IR 501 1970 104 ILTR 53

DPP v JACKSON UNREP CCA 26.4.1993 2003/17/3741

DPP v BAMBRICK 1996 1 IR 265 1996/10/2980

LYNCH & WHELAN v MIN FOR JUSTICE & ORS 2012 1 IR 1 2012/23/6653 2010 IESC 34

WHELAN & LYNCH v MIN FOR JUSTICE & ORS 2008 2 IR 142 2007/60/12832 2007 IEHC 374

CAFFREY v GOVERNOR OF PORTLAOISE PRISON 2012 1 IR 637 2012 2 ILRM 88 2012/5/1388 2012 IESC 4

COX v IRELAND & ORS 1992 2 IR 503

DPP v MCMAHON 2011 3 IR 748 2011/18/4518 2011 IECCA 94

KINAHAN v MIN FOR JUSTICE & ORS 2001 4 IR 454 2001/13/3766

DOWLING v MIN FOR JUSTICE 2003 2 IR 535 2003/12/2687

O'MALLEY SENTENCING LAW & PRACTICE 2ED 2006 CHAP 2

O'MALLEY SENTENCING LAW & PRACTICE 2ED 2006 PARA 2.21

O'MALLEY SENTENCING LAW & PRACTICE 2ED 2006 PARA 2.22

O'MALLEY SENTENCING LAW & PRACTICE 2ED 2006 PARA 2.23

O'MALLEY SENTENCING LAW & PRACTICE 2ED 2006 PARA 2.24

O'MALLEY SENTENCING LAW & PRACTICE 2ED 2006 CHAP 21

O'MALLEY SENTENCING LAW & PRACTICE 2ED 2006 PARA 21.32

O'MALLEY SENTENCING LAW & PRACTICE 2ED 2006 PARA 21.33

MCCUTCHEON & COFFEY LIFE SENTENCES IN IRELAND & THE EUROPEAN CONVENTION ON HUMAN RIGHTS 2006 IYIL 101

GRIFFIN & O'DONNELL THE LIFE SENTENCE & PAROLE 2012 52(3) BRIT J CRIMINOL 611

CONSTITUTION ART 40.4.1

EUROPEAN ARREST WARRANT ACT 2003 S37(1)(B)

CRIMINAL JUSTICE ACT 1990 S2

CRIMINAL JUSTICE ACT 1960 S2

EUROPEAN CONVENTION ON HUMAN RIGHTS & FUNDAMENTAL FREEDOMS ART 5

DEATON v AG & REVENUE CMRS 1963 IR 170 1964 98 ILTR 99

CONSTITUTION ART 40.4.2

TRANSFER OF SENTENCED PERSONS ACT 1995 S7(10)

TRANSFER OF SENTENCED PERSONS (AMDT) ACT 1997 S1

CRIMINAL JUSTICE (TEMPORARY RELEASE OF PRISONERS) ACT 2003

PRISONERS (TEMPORARY RELEASE) RULES 2004 SI 680/2004

MIN FOR JUSTICE v E (T) UNREP EDWARDS 19.6.2013 2013/32/9460 2013 IEHC 323

MIN FOR JUSTICE v G (RP) UNREP EDWARDS 18.7.2013 2013/32/9609 2013 IEHC 54

EUROPEAN ARREST WARRANT ACT 2003 S37(1)(A)

Criminal Law – Murder – Escape – Extradition – s. 37(1)(a), s. 37(1)(b) and s. 16 European Arrest Warrant Act 2003 – Article 40.4 of the Constitution of Ireland – Article 8 of the European Convention of Human Rights

Facts: The applicant in this case asked the court to make an order pursuant to s. 16 of the European Arrest Warrant Act 2003 (“the 2003 Act”) for the respondent to be surrendered to the issuing State to resume serving a life sentence for murder. The respondent escaped from lawful custody in the UK by walking out of an open prison and subsequently went to live in Ireland before being arrested on foot of a European Arrest Warrant. The European arrest warrant related to two offences contrary to common law; murder and escape. The respondent objected to being surrendered to the UK arguing that it would contravene Article 40.4 of the Irish Constitution and Article 8 of the European Convention of Human Rights.

Held by Edwards J: The duration of a life sentence and terms for early release will depend upon the enforcing state. The executive in Ireland has a much wider discretion than the executive in England for deciding when a person may be released on licence. The court”s view was that the issuing state was entitled to consider the dangerousness of the respondent and the risk to the public when managing his mandatory life sentence particularly when deciding to exercise clemency and release him from prison on licence. The differences in the manner in which mandatory life sentences are managed and administered in Ireland and England do not change the fundamental nature of such sentences.

The court held that the surrender measure would not result in the respondent being subjected to “preventative detention” and therefore did not contravene any provision of the Constitution. The respondent”s surrender was not prohibited under s. 37(1)(b) of the 2003 Act. The court weighed the public interest in the respondent”s extradition against the degree to which this would interfere with his family life. The court had no reason to believe that the respondent”s rendition would have extraordinary consequences for him or his wife. The court concluded that the rendition measure was not disproportionate to the legitimate aim being pursued by the issuing state. The court did not uphold the respondent”s s. 37(1)(a) objection based upon article 8 of the ECHR. It was appropriate for the respondent to be surrendered for both offences relating to the European arrest warrant.

1 JUDGMENT of Mr Justice Edwards delivered on the 31st day of July, 2014.

Introduction

2 1. The respondent is the subject of a European arrest warrant issued by the United Kingdom of Great Britain and Northern Ireland (hereinafter "the U.K.") on the 26 ^th November, 2012. The warrant was endorsed for execution in this jurisdiction by the High Court on the 18 ^th December, 2012. The respondent was arrested on the 14 ^th February, 2014, and brought before the High Court in accordance with s. 13 of the European Arrest Warrant Act 2003, as amended (hereinafter "the Act of 2003") when a date was fixed for the purposes of s. 16 of the Act of 2003. Thereafter the matter was adjourned from time to time, until it came on for hearing before this Court on the 28 ^th May, 2014. Following the s. 16 hearing the Court reserved its judgment, which it now delivers.

3 2. This Court is asked by the applicant to make an order pursuant to s. 16 of the Act of 2003 directing that the respondent be surrendered to such person as is duly authorised by the issuing State to receive him. The respondent does not consent to his surrender to the U.K. and this Court's jurisdiction to make an order directing that the respondent be surrendered is dependant upon a judicial finding that the requirements of s. 16 of the Act of 2003 have been satisfied. Accordingly, the Court has been put on inquiry as to whether the requirements of s. 16 of the Act of 2003, both controversial and uncontroversial, have been satisfied. In so far as specific points of objection are concerned, the Court has had to consider a number of specific objections to the respondent's surrender and it is proposed later in this judgment to consider the specific objections pleaded.

Uncontroversial Matters

4 3...