Ronan Munro SC, for Mr Bailey, on Wednesday argued that his client has an “ironclad right” not to be surrendered to France and it had not been threatened in any way by subsequent developments in law.
Mr Bailey was arrested at the Criminal Courts of Justice Building on foot of a European Arrest Warrant in December 2019. He was remanded on bail after a High Court judge subsequently endorsed the third European Arrest Warrant seeking his extradition to France. Section 44 states that a person shall not be surrendered under this Act if the offence specified in the EAW was committed in a place other than the issuing State and the offence does not, by virtue of having been committed in a place other than the State, constitute an offence under the law of the State.
Mr Justice Paul Burns interjected at this stage and asked if the change in the law last year did not materially affect the decision of the Supreme Court in 2012 then was the High Court bound by that. In reply, Mr Munro said it was and pointed out that the 2019 legislation had not sought to “dismantle” or set aside Mr Bailey’s “vested right” not to be surrendered.
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