Minister for Justice and Equality -v- Busby [2014] IESC 70 (12 December 2014)

Minister for Justice and Equality -v- Busby [2014] IESC 70 (12 December 2014)

It is not necessary to show that the executing state could prosecute the act or omission of which the offence consists on a similar basis to the jurisdiction asserted by the issuing state. Parity of process is not required under the European Arrest Warrant Act, subject to exceptions for fundamental defects in justice.

Citation
[2014] IESC 70
Parties
Respondent/applicant: The Minister for Justice and Equality; Appellant/respondent: Adam Stuart Busby
Jurisdiction
Ireland
Judgment Date
12 December 2014
Procedural Posture
Appeal / Supreme Court Judgment on Certified Point of Law
Outcome
appeal dismissed
Legal Topics
European Arrest Warrant, Extradition Procedures, Mutual Recognition, Parity of Criminal Procedures, Terrorism Offences
Criminal Law Extradition Law European Union Law European Arrest Warrant Extradition Procedures Mutual Recognition Parity of Criminal Procedures Terrorism Offences

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Parties

The Minister for Justice and Equality

Respondent/applicant

Adam Stuart Busby

Appellant/respondent

Procedural Posture

Appeal / Supreme Court Judgment on Certified Point of Law

Legal Issues

  1. 1 Whether it is necessary to show that the executing state could prosecute the act or omission of which the offence consists on a similar basis to the jurisdiction asserted by the issuing state under the European Arrest Warrant Act

Ratio Decidendi

It is not necessary to show that the executing state could prosecute the act or omission of which the offence consists on a similar basis to the jurisdiction asserted by the issuing state. Parity of process is not required under the European Arrest Warrant Act, subject to exceptions for fundamental defects in justice.

Court Disposition

appeal dismissed

Orders

  • Certified question answered in the negative: it is not necessary to show that the executing state could prosecute the act or omission on a similar jurisdictional basis.
  • Order for surrender of the appellant to the United Kingdom affirmed.