Minister for Justice, Equality & Law Reform -v- Dundon [2005] IESC 13 (16 March 2005)

Minister for Justice, Equality & Law Reform -v- Dundon [2005] IESC 13 (16 March 2005)

The statutory requirement is that undertakings be handed over, transferred, or delivered by the issuing judicial authority, not personally made; attached undertakings from competent authorities, certified by the issuing judicial authority, satisfy s.22(1)(b) and s.24(1) of the Act; the word 'sentence' includes sentences for lesser offences arising from the same event; procedural objections regarding adjournment, party designation, evidence strength, and facsimile transmission are without merit.

Citation
[2005] IESC 13
Parties
Applicant/respondent: Minister for Justice, Equality and Law Reform; Respondent/appellant: Kenneth Dundon
Jurisdiction
Ireland
Judgment Date
16 March 2005
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
European Arrest Warrant, Statutory Interpretation, Undertakings, Specialty Rule, Re Extradition, Procedural Safeguards
Criminal Law Extradition Law European Law European Arrest Warrant Statutory Interpretation Undertakings Specialty Rule Re Extradition +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Minister for Justice, Equality and Law Reform

Applicant/respondent

Kenneth Dundon

Respondent/appellant

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether undertakings required by s.22(1)(b) and s.24(1) of the European Arrest Warrant Act 2003 must be personally given by the issuing judicial authority
  2. 2 Whether undertakings attached to the certificate from the issuing judicial authority satisfy statutory requirements
  3. 3 Whether the word 'sentence' in s.22(1)(b) includes sentences for lesser offences

Ratio Decidendi

The statutory requirement is that undertakings be handed over, transferred, or delivered by the issuing judicial authority, not personally made; attached undertakings from competent authorities, certified by the issuing judicial authority, satisfy s.22(1)(b) and s.24(1) of the Act; the word 'sentence' includes sentences for lesser offences arising from the same event; procedural objections regarding adjournment, party designation, evidence strength, and facsimile transmission are without merit.

Court Disposition

appeal dismissed

Orders

  • Order of the High Court affirmed; respondent to be surrendered to Detective Constable Debbie Thompson or Detective Sergeant John Elliott, duly authorised by Thames Magistrates’ Court.