Minister for Justice v Keating (Approved) [2024] IEHC 515 (15 July 2024)

Minister for Justice v Keating (Approved) [2024] IEHC 515 (15 July 2024)

The court found that the offences correspond to Irish offences, that the acts alleged occurred in the issuing state so s44 is not engaged, that even if extra-territoriality applied Ireland would exercise jurisdiction on a reciprocal basis, that the framework for temporary surrender provides sufficient legal...

Source-derived case information.

Citation
[2024] IEHC 515
Parties
Applicant: Minister for Justice; Respondent: Peter Anthony Keating
Jurisdiction
Ireland
Judgment Date
15 July 2024
Procedural Posture
Extradition (surrender Under European Arrest Warrant Act 2003, as Amended) / High Court Judgment on Application for Surrender
Outcome
Order for surrender granted
Legal Topics
European Arrest Warrant, Trade and Co Operation Agreement Warrant, Extradition to United Kingdom, Correspondence of Offences, Extra Territoriality, Article 40.4 Constitution (liberty), Article 3 and 8 ECHR (prison Conditions)
Criminal Law Extradition Law Constitutional Law Human Rights Law European Arrest Warrant Trade and Co Operation Agreement Warrant Extradition to United Kingdom Correspondence of Offences +3 more

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Summary, issues, holding and outcome

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Parties

Minister for Justice

Applicant

Peter Anthony Keating

Respondent

Procedural Posture

Extradition (surrender Under European Arrest Warrant Act 2003, as Amended) / High Court Judgment on Application for Surrender

Legal Issues

  1. 1 Whether the respondent's surrender to the United Kingdom should be ordered under the TCAW and European Arrest Warrant Act 2003
  2. 2 Whether the offences correspond to Irish offences
  3. 3 Whether extra-territoriality or s44 of the 2003 Act bars surrender

Ratio Decidendi

The court found that the offences correspond to Irish offences, that the acts alleged occurred in the issuing state so s44 is not engaged, that even if extra-territoriality applied Ireland would exercise jurisdiction on a reciprocal basis, that the framework for temporary surrender provides sufficient legal certainty, and that the respondent failed to show a real risk of inhuman or degrading treatment in UK prisons. All objections were dismissed and surrender was ordered.

Court Disposition

Order for surrender granted

Orders

  • Order for surrender of Peter Anthony Keating to the United Kingdom pursuant to s16 of the European Arrest Warrant Act 2003