The Minister for Justice Equality and Law Reform v Brennan

 
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[2006] IEHC 94

THE HIGH COURT

Record Number: No. 10 Ext./2006
MIN FOR JUSTICE v BRENNAN

Between:

The Minister for Justice, Equality and Law Reform
Applicant

And

John Paul Brennan
Respondent

2006/10EXT - Peart - High - 14/3/2006 - 2006 39 8376 2006 IEHC 94

EUROPEAN ARREST WARRANT ACT 2003 S16(1)

EUROPEAN ARREST WARRANT ACT 2003 S13

EUROPEAN ARREST WARRANT ACT 2003 S45

EUROPEAN ARREST WARRANT ACT 2003 S21A

EUROPEAN ARREST WARRANT ACT 2003 S22

EUROPEAN ARREST WARRANT ACT 2003 S23

EUROPEAN ARREST WARRANT ACT 2003 S24

EUROPEAN ARREST WARRANT ACT 2003 PART III

EUROPEAN ARREST WARRANT ACT 2003 S10

COUNCIL FRAMEWORK DECISION OF 13 JUNE 2002 ON THE EUROPEAN ARREST WARRANT & THE SURRENDER PROCEDURES BETWEEN MEMBER STATES ART 2.2

EUROPEAN ARREST WARRANT ACT 2003 S32

CRIMINAL JUSTICE ACT 1984 S13

HARLETON CRIMINAL LAW 1999 PARA 6.118

EUROPEAN ARREST WARRANT ACT 2003 S42

CRIMINAL JUSTICE (TERRORIST OFFENCES) ACT 2005 S83

CRIMINAL LAW Extradition European arrest warrant - Respondent absconding from prison in Scotland - Whether imposition of minimum tariff violated respondent's rights - Whether warrant sufficiently clear to enforce - Whether Director of Public Prosecutions considering prosecuting respondent - European Arrest Warrant Act 2003 (No 45), s 16(1) and 42; Criminal Justice (Terrorist Offences) Act 2005 (No 2), s 83 - Order made for surrender of respondent (2006/10Ext - Peart J - 14/3/2006) [2006] IEHC 94Minister for Justice, Equality and Law Reform v Brennan

Facts: The applicant sought the surrender of the respondent to the United Kingdom for the purposes of requiring the respondent to serve out sentences of imprisonment previously imposed on him. The respondent was in this jurisdiction having absconded from prison and consequently his surrender was also sought in respect of an additional charge, namely that of escape from lawful custody.

Held by Peart J. in granting the application: That the requirements set out in section 16 of the Act of 2003, which must be complied with prior to surrender had been satisfied. There was no issue in relation to correspondence in this case and the offences satisfied the minimum gravity requirement in relation to the potential penalty. Furthermore, there were no matters still being considered against the respondent by the DPP.

Reporter: L.O’S.

Judgment of
1

Mr Justice Michael Peart delivered on the 14th day of March 2006:

2

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.

3

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.

4

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:

5

(a) that the person before the Court is the person in respect of whom the warrant was issued;

6

(b) the warrant has been endorsed in accordance with section 13 of the Act for execution;

7

(c) where appropriate (i.e. in cases of a conviction/sentence imposed in absentia) an undertaking as required by section 45 of the Act;

8

(d) that the Court is not required to refuse to surrender the respondent under sections 21A, 22, 23 or 24 of the Act;

9...

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