Minister for Justice, Equality and Law Reform -v- S. R. [2007] IESC 54 (15 November 2007)

Minister for Justice, Equality and Law Reform -v- S. R. [2007] IESC 54 (15 November 2007)

Medical evidence does not establish a real risk of death from stress of surrender; respondent will receive adequate health care in UK; delay was justified and is a matter for UK courts; domestic warrant requirements are satisfied under Irish and UK law.

Citation
[2007] IESC 54
Parties
Applicant/appellant: Minister for Justice, Equality and Law Reform; Respondent/respondent: S M R
Jurisdiction
Ireland
Judgment Date
15 November 2007
Procedural Posture
Appeal / Supreme Court Judgment
Outcome
Appeal allowed, cross-appeal dismissed, order for surrender made.
Legal Topics
European Arrest Warrant, Bodily Integrity, Right to Life, Delay in Criminal Proceedings, Fair Trial, Expeditious Trial, Double Criminality, Health and Extradition
Criminal Law Constitutional Law Extradition Law Human Rights Law European Arrest Warrant Bodily Integrity Right to Life Delay in Criminal Proceedings +4 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 15 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Minister for Justice, Equality and Law Reform

Applicant/appellant

S M R

Respondent/respondent

Procedural Posture

Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether surrender under European arrest warrant violates respondent's constitutional right to bodily integrity due to health risk
  2. 2 Whether delay in issuing European arrest warrant breaches respondent's right to expeditious trial and due process
  3. 3 Whether the domestic warrant's coverage of only one offence invalidates surrender for three offences

Ratio Decidendi

Medical evidence does not establish a real risk of death from stress of surrender; respondent will receive adequate health care in UK; delay was justified and is a matter for UK courts; domestic warrant requirements are satisfied under Irish and UK law.

Court Disposition

Appeal allowed, cross-appeal dismissed, order for surrender made.

Orders

  • Respondent to be surrendered under European arrest warrant
  • Cross-appeal dismissed