Riordan v Republic of Ireland [2017] NIQB 103 (12 October 2017)

The UK was not under a mandatory obligation to transpose Articles 4(6) and 5(3) of the Framework Decision; the Recorder correctly balanced the Article 8 rights of the appellant and his family against the public interest in extradition for a serious offence, and was not wrong in rejecting the Article 8 claim.

Citation: [2017] NIQB 103
Parties: Requested Person/appellant: Donal Riordan; Requesting State/respondent: Republic of Ireland
Jurisdiction: Northern Ireland
Judgment Date: 12 October 2017
Procedural Posture: Extradition Appeal / Appeal Against Order for Extradition
Outcome: Appeal dismissed; extradition order upheld
Legal Topics: European Arrest Warrant, Article 8 ECHR, Extradition Act 2003, Proportionality, Framework Decision 2002/584/jha

Criminal Law Extradition Law Human Rights Law European Arrest Warrant Article 8 ECHR Extradition Act 2003 Proportionality Framework Decision 2002/584/jha

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Parties

Donal Riordan

Requested Person/appellant

Republic of Ireland

Requesting State/respondent

Procedural Posture

Extradition Appeal / Appeal Against Order for Extradition

Legal Issues

1 Whether the UK was required to transpose Articles 4(6) and 5(3) of the Framework Decision into domestic law
2 Whether extradition would breach the appellant's or his family's Article 8 ECHR rights

Ratio Decidendi

Court Disposition

Appeal dismissed; extradition order upheld

Orders

Extradition of Donal Riordan to the Republic of Ireland to face trial for alleged sexual assault