R v Governor of Belmarsh Prison and Another, ex parte Gilligan R v Governor of Exeter Prison and Another, ex parte Ellis
| Jurisdiction | England & Wales |
| Judgment Date | 12 January 1998 |
| Date | 12 January 1998 |
| Court | Queen's Bench Division |
Queen's Bench Divisional Court
Before Lord Justice May and Mr Justice Astill
Criminal procedure - delivery of accused to Irish authorities - offence sufficiently serious under United Kingdom law
Section 2(2) of the Backing of Warrants (Republic of Ireland) Act 1965 required a magistrate to be satisfied only that the offence revealed in the warrant amounted to a sufficiently serious offence under United Kingdom law before he could order the delivery of an accused to the authorities in the Republic of Ireland. He was not to receive evidence whether the conduct of the accused amounted to an offence in the United Kingdom.
The Queen's Bench Divisional Court so held when refusing the application of John Gilligan for a writ of habeas corpus ad subjiciendum to be issued against the Governor of Belmarsh Prison and the Government of the Republic of Ireland, save to the extent of quashing two of the seven warrants issued against him, subsequent to the decision of Mr D Cooper, a metropolitan stipendiary magistrate sitting at Belmarsh, to order that he be delivered up to the authorities of the Republic of Ireland.
Section 2 of the 1965 Act, as amended by section 4(4) of the Criminal Jurisdiction Act 1975, provides: "(1) So soon as is practicable after a person is arrested under a warrant endorsed in accordance with section 1 of this Act, he shall be brought before a magistrates' court and the court shall…order him to be delivered at some convenient point of departure form the United Kingdom into the custody of the a member of the police force…of the Republic…
"(2) An order shall not be made under subsection (1) of this section if it appears to the court that the offence specified in the warrant does not correspond with any offence under the law of the part of the United Kingdom in which the court acts which is an indictable offence or is punishable on summary conviction with imprisonment for six months…"
Miss Clare Montgomery, QC and Mr James T Lewis for the applicant; Mr Nigel Peters, QC and Mr Shane Collery for the Governor and the Republic.
LORD JUSTICE MAY, giving the judgment of the court, said that Miss Montgomery had submitted that "offence" should be construed to mean the conduct which was alleged and then see whether it would add up to a corresponding indictable offence specified in the warrant. Mr Cooper undertook no such inquiry and...
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R v Governor of Belmarsh Prison and Another, ex parte Gilligan R v Governor of Exeter Prison and Another, ex parte Ellis
...given on 12 January 1998 the Divisional Court held in the case of Mr. Gilligan that the requirement of correspondence was satisfied: [1998] 2 All E.R. 1. At the same time the Divisional Court rejected a submission on behalf of Mr. Gilligan that the magistrate had erred in law in holding th......
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