Dundon -v- The Governor of Cloverhill Prison [2005] IESC 87 (19 December 2005)

Dundon -v- The Governor of Cloverhill Prison [2005] IESC 87 (19 December 2005)

The expiry of the 60-day (or 90-day) time limit under the European Arrest Warrant Act 2003 and the Framework Decision does not entitle the applicant to automatic release; the duty to execute the warrant continues, and the time limits are intended for internal discipline among member states, not to confer individual...

Source-derived case information.

Citation
[2005] IESC 87
Parties
Applicant/appellant: Kenneth Dundon; Respondent: Governor of Cloverhill Prison; Notice Party: Minister for Justice, Equality and Law Reform
Jurisdiction
Ireland
Judgment Date
19 December 2005
Procedural Posture
Habeas Corpus / Article 40.4 Inquiry / Supreme Court Appeal From High Court Refusal of Release
Outcome
Appeal dismissed
Legal Topics
European Arrest Warrant, Time Limits in Extradition, Interpretation of Framework Decision, Automatic Release on Lapse of Time, Fundamental Rights in Extradition
Criminal Law Extradition Law Constitutional Law European Union Law European Arrest Warrant Time Limits in Extradition Interpretation of Framework Decision Automatic Release on Lapse of Time +1 more

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Parties

Kenneth Dundon

Applicant/appellant

Governor of Cloverhill Prison

Respondent

Minister for Justice, Equality and Law Reform

Notice Party

Procedural Posture

Habeas Corpus / Article 40.4 Inquiry / Supreme Court Appeal From High Court Refusal of Release

Legal Issues

  1. 1 Whether expiry of the 60-day time limit under the European Arrest Warrant Act 2003 and Framework Decision entitles the applicant to automatic release
  2. 2 Whether the time limits in the Framework Decision confer individual rights to release or are for internal discipline among member states
  3. 3 Whether delays caused by the applicant's own legal proceedings should be counted in the calculation of time limits

Ratio Decidendi

The expiry of the 60-day (or 90-day) time limit under the European Arrest Warrant Act 2003 and the Framework Decision does not entitle the applicant to automatic release; the duty to execute the warrant continues, and the time limits are intended for internal discipline among member states, not to confer individual rights. Delays caused by the applicant's own legal proceedings are to be discounted in any calculation of time limits.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.