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Ireland / Supreme Court / [2012] IESC 37

Minister for Justice, Equality and Law Reform v Ciaran Tobin

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Ireland / Supreme Court
Decision date:

Key facts of the case:

On 9 April 2000, the appellant Ciarán Francis Tobin was driving a car in the city of Leányfalu in Hungary when he was involved in a tragic and fatal accident when his car struck and killed two young children. At the time, the appellant was working in Hungary. A police investigation and criminal proceedings were commenced in September, 2000. However prior to his trial the appellant’s term of employment in Hungary ended and the appellant returned to Ireland. The appellant was subsequently convicted and sentenced to three years imprisonment. The Hungarian authorities thereafter sought the surrender of the appellant on foot of a European Arrest Warrant. The Supreme Court in a judgment delivered on 25 February 2008 held that the appellant had not “fled” Hungary as required by the Irish European Arrest Warrant Act 2003, and that his surrender was therefore not lawful. On 21 July 2009 the Irish parliament passed legislation (the Criminal Justice (Miscellaneous Provisions) Act 2009) which removed the requirement that a person must have “fled” in order to be subject to a European Arrest Warrant. Thereafter a further European Arrest Warrant was issued seeking the surrender of the appellant on foot of the amended legislation.