The Supreme Court dismissed an appeal against an order releasing William O’Keeffe from extradition proceedings, finding that sending him to England for sentencing could be oppressive or futile in the circumstances.
In a judgment delivered on 29 March 2007, Mr Justice Kearns said the appeal had narrowed to whether the court should take account of almost five months O’Keeffe spent in custody in Ireland solely in connection with the extradition proceedings. The court had no information or assurance from UK authorities about whether that time would be credited against any sentence imposed in England.
O’Keeffe had pleaded guilty in July 1995 at Warley Magistrates’ Court to burglary under the Theft Act 1968, but failed to appear for sentencing the following month. The Supreme Court said the offence was being dealt with summarily and the maximum sentence the magistrates could impose was six months. Extradition requests concerning three other alleged offences were discontinued.
O’Keeffe came to Ireland in 1996 and was later imprisoned here on a separate robbery matter. Extradition warrants were executed in July 1998. He spent four months and 20 days in remand custody on those proceedings before a District Court judge discharged him in November 1998 over concerns about provision for legal representation. The proceedings were later revived following judicial review and further court orders. In 2005, the High Court ordered O’Keeffe’s release under section 50 of the Extradition Act 1965, as amended.
The Supreme Court noted that the High Court had treated the delay and other circumstances as exceptional, including the uncertainty caused by the judicial review proceedings. But the appeal was argued on the narrower issue of the possible sentence and credit for the Irish remand period. The Supreme Court said it was not told whether credit would be given or whether any remission would apply.
Mr Justice Kearns considered the possible outcomes. If no credit were allowed, O’Keeffe might face nearly 11 months in custody for an offence carrying a six-month maximum sentence. If credit were allowed, the remaining maximum could be one month, before any reduction for his guilty plea or other sentencing considerations. The court also considered that ordering extradition without knowing how the sentencing court would treat the remand time would be oppressive in the case’s unusual circumstances and after the lengthy delay.
The Supreme Court upheld the High Court’s conclusion, though for different reasons, and dismissed the appeal. It did not determine how an English court would sentence O’Keeffe or whether it would credit the time he had spent in Irish custody.