Minister for Justice and Equality -v- Kelly aka Nolan [2013] IESC 54 (10 December 2013)

Minister for Justice and Equality -v- Kelly aka Nolan [2013] IESC 54 (10 December 2013)

Surrender must be refused because the respondent would be subject to a statutory regime for indeterminate sentencing in the UK that has been found to be arbitrary and in breach of Article 5.1 of the European Convention on Human Rights, and to surrender him would breach Ireland’s obligations under the Convention.

Citation
[2013] IESC 54
Parties
Applicant/appellant: Minister for Justice and Equality; Respondent: Laurence Kelly aka Gavin Nolan
Jurisdiction
Ireland
Judgment Date
10 December 2013
Procedural Posture
Appeal / Supreme Court Judgment on Certified Question From High Court
Outcome
appeal dismissed
Legal Topics
European Arrest Warrant, Indeterminate Sentencing, Article 5 ECHR, Arbitrary Detention
Extradition Human Rights Criminal Law European Arrest Warrant Indeterminate Sentencing Article 5 ECHR Arbitrary Detention

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Parties

Minister for Justice and Equality

Applicant/appellant

Laurence Kelly aka Gavin Nolan

Respondent

Procedural Posture

Appeal / Supreme Court Judgment on Certified Question From High Court

Legal Issues

  1. 1 Whether surrender under a European Arrest Warrant to serve an indeterminate sentence for public protection (IPP) in the UK would breach Ireland's obligations under the European Convention on Human Rights

Ratio Decidendi

Surrender must be refused because the respondent would be subject to a statutory regime for indeterminate sentencing in the UK that has been found to be arbitrary and in breach of Article 5.1 of the European Convention on Human Rights, and to surrender him would breach Ireland’s obligations under the Convention.

Court Disposition

appeal dismissed

Orders

  • Surrender of the respondent refused
  • Appeal by the Minister for Justice and Equality dismissed