Attorney General -v- Marques [2013] IEHC 415 (12 September 2013)

Attorney General -v- Marques [2013] IEHC 415 (12 September 2013)

The presentation of a formal extradition request, resulting in the likelihood of detention for several months rather than a maximum of 18 days, constitutes a material change in circumstances sufficient to permit a fresh bail application.

Citation
[2013] IEHC 415
Parties
Applicant: Attorney General; Respondent: Eric Eoin Marques
Jurisdiction
Ireland
Judgment Date
12 September 2013
Procedural Posture
Extradition Bail Application / Preliminary Objection to Fresh Bail Application
Outcome
Fresh bail application allowed to proceed.
Legal Topics
Bail in Extradition Proceedings, Change of Circumstances for Bail, Procedural Versus Substantive Change
Criminal Law Extradition Law Bail in Extradition Proceedings Change of Circumstances for Bail Procedural Versus Substantive Change

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Parties

Attorney General

Applicant

Eric Eoin Marques

Respondent

Procedural Posture

Extradition Bail Application / Preliminary Objection to Fresh Bail Application

Legal Issues

  1. 1 Whether a fresh bail application can proceed absent a substantive change in circumstances after previous refusal
  2. 2 Whether procedural change from provisional to formal extradition request constitutes a material change

Ratio Decidendi

The presentation of a formal extradition request, resulting in the likelihood of detention for several months rather than a maximum of 18 days, constitutes a material change in circumstances sufficient to permit a fresh bail application.

Court Disposition

Fresh bail application allowed to proceed.

Orders

  • Applicant permitted to proceed with fresh bail application before the High Court.