Minister for Justice Equality and Law Reform v Bailey [2012] IESC 16 (01 March 2012)

Minister for Justice Equality and Law Reform v Bailey [2012] IESC 16 (01 March 2012)

Section 44 of the European Arrest Warrant Act, 2003, as implemented from Article 4.7(b) of the Framework Decision, prohibits surrender in circumstances where Ireland would not have jurisdiction to prosecute a non-Irish citizen for an extra-territorial offence, and thus reciprocity is lacking. The High Court erred in reading additional words into section 44. The appellant did not acquire a vested right under the repealed section 42(c), and the requirements of section 21A were not determinative in light of the finding on section 44.

Citation
[2012] IESC 16
Parties
Applicant/respondent: The Minister for Justice, Equality and Law Reform; Respondent/appellant: Ian Bailey
Jurisdiction
Ireland
Judgment Date
01 March 2012
Procedural Posture
Appeal (european Arrest Warrant) / Supreme Court Judgment on Appeal From High Court Order for Surrender
Outcome
Appeal allowed; High Court order set aside; surrender refused
Legal Topics
European Arrest Warrant, Extradition, Reciprocity, Extra Territorial Jurisdiction, Interpretation of Statutes
Criminal Law Extradition Law European Union Law European Arrest Warrant Extradition Reciprocity Extra Territorial Jurisdiction Interpretation of Statutes

Case Brief

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Parties

The Minister for Justice, Equality and Law Reform

Applicant/respondent

Ian Bailey

Respondent/appellant

Procedural Posture

Appeal (european Arrest Warrant) / Supreme Court Judgment on Appeal From High Court Order for Surrender

Legal Issues

  1. 1 Whether section 44 of the European Arrest Warrant Act, 2003 prohibits surrender where the offence was committed in Ireland, the victim is a national of the requesting State, and the DPP has decided not to prosecute in Ireland
  2. 2 Whether the removal of section 42(c) of the Act of 2003 by amendment in 2005 preserved any right for the appellant not to be surrendered
  3. 3 Whether section 21A of the Act of 2003 (as amended) requires a decision to charge and try the appellant in the issuing state before surrender

Ratio Decidendi

Section 44 of the European Arrest Warrant Act, 2003, as implemented from Article 4.7(b) of the Framework Decision, prohibits surrender in circumstances where Ireland would not have jurisdiction to prosecute a non-Irish citizen for an extra-territorial offence, and thus reciprocity is lacking. The High Court erred in reading additional words into section 44. The appellant did not acquire a vested right under the repealed section 42(c), and the requirements of section 21A were not determinative in light of the finding on section 44.

Court Disposition

Appeal allowed; High Court order set aside; surrender refused

Orders

  • The appeal is allowed.
  • The order of the High Court for surrender is set aside.