State (Holmes) v Furlong

JurisdictionIreland
Judgment Date21 December 1967
Date21 December 1967
CourtSupreme Court
(S.C.)
State (Holmes)
and
Furlong

District Court order for delivery of person named in warrant - Form of order - Extradition Act, 1965, ss. 8, 20, 47, 48.

The prosecutor was arrested in Ireland by a member of the Garda SÃochána in execution of an English warrant which was duly endorsed pursuant to s. 43 of the Extradition Act, 1965. A District Justice made an order under s. 47 of the Act directing that the prosecutor be delivered "at Dublin" to a member of the English Police and remanding the prosecutor in custody pending such delivery. The prosecutor applied for an order of habeas corpus. He submitted that, as he was still under sentence of imprisonment in England for an offence other than that specified in the warrant, he should not be extradited to England by reason of the rule of speciality enacted in s. 20 of the Act. Held by the Supreme Court ( Ó Dálaigh C.J., Haugh, Walsh, Budd and FitzGerald JJ.), 1, that s. 20 of the Act of 1965 did not apply to the circumstances of the case; 2 (FitzGerald J. dissenting) that the order of the District Court, including the ancillary remand of the prosecutor in custody, was invalid since that order...

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