Minister for Justice Equality and Law Reform v Murrell [2011] IESC 35 (29 July 2011)

Minister for Justice Equality and Law Reform v Murrell [2011] IESC 35 (29 July 2011)

The postponement order of 3rd February 2009 remained operative as the offence was not disposed of by acquittal or conviction; the striking out and immediate replacement of the charge sheet did not amount to a final disposal of the offence; Section 42 did not prohibit surrender as there was no evidence that further charges were being considered at the relevant time.

Citation
[2011] IESC 35
Parties
Applicant/respondent: Minister for Justice, Equality & Law Reform; Respondent/appellant: John Richard Murrell
Jurisdiction
Ireland
Judgment Date
29 July 2011
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From High Court Order Postponing Surrender Under European Arrest Warrant Act, 2003
Outcome
Appeal dismissed; High Court order affirmed.
Legal Topics
European Arrest Warrant, Postponement of Surrender, Interpretation of Charge Sheet, Section 18 and Section 42 of European Arrest Warrant Act 2003, Article 24 of Framework Decision, Double Jeopardy, Disposal of Criminal Charges
Criminal Law Extradition Law European Law European Arrest Warrant Postponement of Surrender Interpretation of Charge Sheet Section 18 and Section 42 of European Arrest Warrant Act 2003 Article 24 of Framework Decision +2 more

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Parties

Minister for Justice, Equality & Law Reform

Applicant/respondent

John Richard Murrell

Respondent/appellant

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court Order Postponing Surrender Under European Arrest Warrant Act, 2003

Legal Issues

  1. 1 Whether the striking out and immediate replacement of a charge sheet constitutes a disposal of the offence for the purposes of a postponement order under the European Arrest Warrant Act, 2003
  2. 2 Whether the postponement order of 3rd February 2009 lapsed upon the striking out of the original charge sheet
  3. 3 Whether Section 42 of the European Arrest Warrant Act, 2003 prohibits surrender in the circumstances

Ratio Decidendi

The postponement order of 3rd February 2009 remained operative as the offence was not disposed of by acquittal or conviction; the striking out and immediate replacement of the charge sheet did not amount to a final disposal of the offence; Section 42 did not prohibit surrender as there was no evidence that further charges were being considered at the relevant time.

Court Disposition

Appeal dismissed; High Court order affirmed.

Orders

  • Affirmation of High Court order postponing surrender of the appellant under s.18 of the European Arrest Warrant Act, 2003 until final determination of domestic charges and, if convicted, completion of any sentence.