Appeal against extradition to Republic of Ireland dismissed by High Court


Re: Jess v High Court, Ireland [2020] EWHC 3134 (Admin)

This case concerns an appeal against an extradition order made in respect of a European Arrest Warrant, specifically an accusation warrant, containing an allegation of attempted robbery said to have taken place in the Republic of Ireland in March 2015.

The Warrant alleges that the appellant was one of two men who tried to rob a woman of her mobile phone and that, in the course of the attempted robbery, the appellant dragged the woman to the ground. He was arrested in April 2015. The warrant records that the appellant admitted the offence but goes on to say that by May 2015 he had absconded and left the Republic of Ireland for the UK.

In 2018, while still in the UK, the appellant was assaulted and suffered a traumatic brain injury.  The consequences of this serious injury form the basis of the appellant’s submission in the High Court that extradition would be in breach of his Convention rights, specifically his rights under Article 8 ECHR, and for that reason extradition is barred by section 21A of the Extradition Act 2003.

HELD: Appeal dismissed, the appellant’s extradition would not be in breach of his Article 8 rights. The evidence of any relevant interference with the appellant’s Article 8 rights is not strong. The alleged breach of Article 8 is not contingent on the extradition order per se, but only what might happen there after once the appellant has been returned to Ireland. The District Judge was correct to conclude there was no evidence that the appellant would not receive appropriate medical care if in prison in Ireland. Extradition would not be a breach of the appellant’s Article 8 rights.

Florence Iveson was involved in this case.