The Attorney General v Q [2006] IEHC 414 (13 December 2006)

The Attorney General v Q [2006] IEHC 414 (13 December 2006)

The extradition request was not communicated by a diplomatic agent as required by s. 23 of the Extradition Act, 1965, and thus the statutory requirements for a 'duly requested' extradition under s. 29(1)(a) were not met; the presumption of due request was rebutted by the face of the documents.

Citation
[2006] IEHC 414
Parties
Applicant: The Attorney General; Respondent: M. P. Q.
Jurisdiction
Ireland
Judgment Date
13 December 2006
Procedural Posture
Extradition Application / High Court Judgment on Application for Extradition Order
Outcome
Application for extradition refused; respondent released.
Legal Topics
Extradition Procedure, Diplomatic Communication Requirements, Affidavit Authentication, Delay and Prejudice in Prosecution
Criminal Law Extradition Law Extradition Procedure Diplomatic Communication Requirements Affidavit Authentication Delay and Prejudice in Prosecution

Case Brief

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Parties

The Attorney General

Applicant

M. P. Q.

Respondent

Procedural Posture

Extradition Application / High Court Judgment on Application for Extradition Order

Legal Issues

  1. 1 Whether the extradition request was communicated by a diplomatic agent as required by s. 23 of the Extradition Act, 1965
  2. 2 Whether supporting affidavits were properly sworn before an authorised person in Jersey
  3. 3 Whether the domestic warrant was 'immediately enforceable' as required by s. 25(1)(a) of the Act

Ratio Decidendi

The extradition request was not communicated by a diplomatic agent as required by s. 23 of the Extradition Act, 1965, and thus the statutory requirements for a 'duly requested' extradition under s. 29(1)(a) were not met; the presumption of due request was rebutted by the face of the documents.

Court Disposition

Application for extradition refused; respondent released.

Orders

  • Release of the respondent.