The High Court has ordered Patrick Joseph Ward’s surrender to Northern Ireland under two European Arrest Warrants, after dismissing his objections based on family life and the risk of ill-treatment in prison.
In a judgment delivered on 21 June 2024, Mr Justice Patrick McGrath ordered surrender under section 16 of the European Arrest Warrant Act 2003. The warrants seek his surrender for prosecution on allegations including burglary, dangerous driving, fraudulent use of a vehicle registration mark, making off without payment and handling stolen goods. The judgment records the allegations in the warrants; it does not determine whether Mr Ward committed the offences.
The warrants were issued in November 2020 and endorsed for execution by the High Court the following month. Mr Ward was arrested on 19 June 2023 and had remained in custody since then. The court found that the warrants met the statutory requirements, that the conduct described corresponded to offences under Irish law, and that no statutory bar to surrender applied.
Mr Ward objected that surrender would disproportionately interfere with his family life. His submissions described his care responsibilities for his youngest daughter, who has disabilities, and his involvement in helping his adult daughter and grandchildren. The court acknowledged those ties but held that the circumstances were not sufficiently exceptional to require a proportionality analysis under Article 8 of the European Convention on Human Rights. It dismissed that objection.
He also argued that his health needs, combined with prison conditions in Northern Ireland, created a real risk of inhuman or degrading treatment. His reported conditions included mental health difficulties, past addiction, hepatitis C, arthritis, asthma and respiratory problems. He relied on a 2022 inspection report on Maghaberry Prison, which identified shortcomings in mental health, addiction and healthcare services. The Minister pointed to steps taken or planned by prison authorities to address concerns in the report.
The judge said the evidence did not establish that Mr Ward would be denied essential medical or psychiatric care if detained in Northern Ireland. The judgment also noted there was no evidence showing where he would be held if not admitted to bail. It found no evidence of a real risk of inhuman or degrading treatment and dismissed this objection; the court did not seek assurances from Northern Ireland authorities.
The judge said Mr Ward pursued only the family-life and prison-conditions objections at the hearing. Having found the warrants lawful and the objections unsuccessful, the court granted the Minister’s application and ordered surrender on both warrants.