The Minister for Justice and Equality -v- Prieto [2016] IECA 90 (24 February 2016)

The Minister for Justice and Equality -v- Prieto [2016] IECA 90 (24 February 2016)

The conduct of the appellant—failing to appear in court in breach of a bail condition—if transposed to this jurisdiction, would constitute an offence under s. 13 of the Criminal Justice Act 1984, as the essential element is the commitment to appear, not the form or monetary aspect of the recognisance. There is no correspondence with the common law offence of criminal contempt of court.

Citation
[2016] IECA 90
Parties
Respondent/applicant: The Minister for Justice and Equality; Appellant/respondent: Pablo Tellarini Prieto
Jurisdiction
Ireland
Judgment Date
24 February 2016
Procedural Posture
European Arrest Warrant Surrender Appeal / Court of Appeal Judgment on Certified Question From High Court
Outcome
Appeal dismissed
Legal Topics
European Arrest Warrant, Offence Correspondence, Bail Conditions, Failure to Appear, Criminal Contempt, Recognisance
Criminal Law Extradition Law European Law European Arrest Warrant Offence Correspondence Bail Conditions Failure to Appear Criminal Contempt +1 more

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Parties

The Minister for Justice and Equality

Respondent/applicant

Pablo Tellarini Prieto

Appellant/respondent

Procedural Posture

European Arrest Warrant Surrender Appeal / Court of Appeal Judgment on Certified Question From High Court

Legal Issues

  1. 1 Does the offence of failure to turn up in court in accordance with terms of conditional release correspond to any offence in this jurisdiction, in particular to criminal contempt of court?
  2. 2 Does the Scottish offence of failing to appear in court correspond to an offence under s. 13 of the Criminal Justice Act 1984 in Ireland?

Ratio Decidendi

The conduct of the appellant—failing to appear in court in breach of a bail condition—if transposed to this jurisdiction, would constitute an offence under s. 13 of the Criminal Justice Act 1984, as the essential element is the commitment to appear, not the form or monetary aspect of the recognisance. There is no correspondence with the common law offence of criminal contempt of court.

Court Disposition

Appeal dismissed

Orders

  • Order for surrender of the appellant to the Scottish judicial authority stands for both the assault offence and the offence of failing to appear in court.