The Supreme Court dismissed Michael Anthony Balmer’s appeal against surrender to the United Kingdom under a European Arrest Warrant, concluding that the UK’s life-sentence regime was not a fundamental defect in its justice system that required surrender to be refused.
In a judgment delivered on 12 May 2016, Ms Justice Dunne agreed with the judgment of Mr Justice O’Donnell and added observations on the differences between Irish and UK life sentences and on the argument that surrender would expose Balmer to preventative detention. The source contains Dunne J’s judgment and refers to O’Donnell J’s reasoning; it does not reproduce the court’s full order beyond the dismissal of the appeal.
Balmer was convicted in 1984 of murdering his 62-year-old female neighbour, for an offence committed in 1983, and was sentenced to life imprisonment at Exeter Crown Court. In the UK, the sentencing judge could recommend a minimum period before release could be considered. Balmer’s recommended minimum was 12 years, later increased to 15 years by the Secretary of State. He was released on licence in 2011, about 27 years after sentence. The licence was later revoked, and the judgment describes him as unlawfully at large in the UK. The excerpt does not state when or why the licence was revoked.
Dunne J explained that an English life licence could remain in force for life and be revoked, with the prisoner recalled, subject to the statutory arrangements described in the judgment. In Ireland, a life prisoner may be considered for temporary release under the relevant legislation, but release is discretionary and does not end the life sentence. The Minister for Justice makes the decision, following a Parole Board recommendation for long sentences. Dunne J noted that the Parole Board in Ireland has no statutory role equivalent to its UK counterpart.
Balmer’s argument was that the further detention contemplated under the UK regime included an impermissible preventative element. Dunne J considered Irish authorities holding that imprisonment cannot be extended beyond what is appropriate to punish the offence merely to prevent future offending. She distinguished that principle from the continued administration of a life sentence after release on licence or temporary release: in both jurisdictions, the sentence remains in force, and public safety forms part of the release assessment.
The court acknowledged significant differences in how the two jurisdictions administer life sentences, including the UK minimum-term process. It nevertheless concluded that those differences did not establish a clear, fundamental defect in the UK justice system or an egregious denial of fundamental or human rights. Dunne J therefore considered that surrender under the warrant must take place and would dismiss the appeal.