Burns & anor v Governor of Castlerea Prison (Approved) [2009] IESC 33 (02 April 2009)

Burns & anor v Governor of Castlerea Prison (Approved) [2009] IESC 33 (02 April 2009)

The Supreme Court found that the detention was not lawful due to procedural defects in the extradition process and set aside the previous order.

Citation
[2009] IESC 33
Parties
Applicant: Burns; Respondent: Governor of Castlerea Prison
Jurisdiction
Ireland
Judgment Date
02 April 2009
Procedural Posture
Appeal / Final Judgment
Outcome
appeal allowed and previous order set aside
Legal Topics
Extradition, Detention, Prisoner Rights
Criminal Law Constitutional Law Extradition Detention Prisoner Rights

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 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Burns

Applicant

Governor of Castlerea Prison

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 lawfulness of detention
  2. 2 extradition procedures

Ratio Decidendi

The Supreme Court found that the detention was not lawful due to procedural defects in the extradition process and set aside the previous order.

Court Disposition

appeal allowed and previous order set aside

Orders

  • Applicants' detention set aside
  • Respondent to comply with lawful extradition procedures