Minister for Justice & Equality -v- Nolan [2012] IEHC 249 (24 May 2012)

Minister for Justice & Equality -v- Nolan [2012] IEHC 249 (24 May 2012)

The respondent's continued detention under an indeterminate sentence for public protection in the UK, after expiry of the punitive tariff, constitutes purely preventative detention, which is unconstitutional under Article 40.4 of the Irish Constitution. Surrender is prohibited by Section 37(1) of the European Arrest...

Source-derived case information.

Citation
[2012] IEHC 249
Parties
Applicant: Minister for Justice and Equality; Respondent: Gavin Nolan
Jurisdiction
Ireland
Judgment Date
24 May 2012
Procedural Posture
Extradition (european Arrest Warrant) / Final Judgment on Surrender
Outcome
surrender refused
Legal Topics
European Arrest Warrant, Preventative Detention, Imprisonment for Public Protection, Constitutional Prohibition, Article 40.4, Article 5 ECHR, Correspondence of Offences, Minimum Gravity, Surrender Refusal Criteria
Criminal Law Constitutional Law Extradition Law Human Rights Law European Arrest Warrant Preventative Detention Imprisonment for Public Protection Constitutional Prohibition +5 more

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Parties

Minister for Justice and Equality

Applicant

Gavin Nolan

Respondent

Procedural Posture

Extradition (european Arrest Warrant) / Final Judgment on Surrender

Legal Issues

  1. 1 Whether surrender under the European Arrest Warrant Act 2003 is prohibited due to the preventative nature of the UK sentence
  2. 2 Whether the respondent's continued detention would contravene Article 40.4 of the Constitution and/or Article 5 ECHR
  3. 3 Whether the UK sentence corresponds to an Irish offence and meets minimum gravity requirements

Ratio Decidendi

The respondent's continued detention under an indeterminate sentence for public protection in the UK, after expiry of the punitive tariff, constitutes purely preventative detention, which is unconstitutional under Article 40.4 of the Irish Constitution. Surrender is prohibited by Section 37(1) of the European Arrest Warrant Act 2003, as the nature of the UK sentence is unknown and impermissible in this jurisdiction. The requirements for correspondence and minimum gravity are met, but constitutional prohibition prevails.

Court Disposition

surrender refused

Orders

  • The respondent shall not be surrendered to the United Kingdom under the European Arrest Warrant Act 2003.
  • Any further orders regarding bail or detention are to be determined separately.