| 28-06-2007, 00:14 | #1 |
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Moderator
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What legal links exist between the UK & Ireland?
If someone living in the UK commits fraud in Ireland, can they just lie back safe in the knowledge they can't be touched?
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| 28-06-2007, 23:39 | #2 |
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Moderator
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Location: Dublin
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Assuming it is a case of sufficient gravity and assuming the offence of fraud is similar in both jurisdictions, then one can expect to be extradicted.
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| 29-06-2007, 01:58 | #3 |
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Moderator
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Irish District Court issues a European Arrest Warrant for fraud (one of 32 offences for which double criminality need not be proved), its transmitted to the City of Westminster Magistrates Court where it is endorsed for execution and any police constable may then arrest the person and extradite them to Ireland.
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| 30-06-2007, 17:34 | #4 |
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Moderator
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In the UK, fraud might be an extra-territorial offence. If so, the UK courts could initiate a prosecution in the UK, even though the offence was committed here. Also, if part of the offence was committed in the UK (e.g. via internet or phone) then I think it could be prosecuted over in the UK, even though the injured party was Irish.
Gabhain7, when a person is arrested on foot of an endorsed EAW the person must be brought before the court and the court decides whether the person should be surrendered or not. |
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