The High Court has ordered the surrender of Anthony Knowles to the Kingdom of Great Britain and Northern Ireland for prosecution on 28 alleged offences, including assault, threats to kill, cruelty and dangerous driving.
In a judgment delivered on 27 July 2022, Ms Justice Caroline Biggs made the order under section 16 of the European Arrest Warrant Act 2003. The warrant was issued on 19 March 2021 by a district judge sitting at Laganside Court in Belfast. It was endorsed by the High Court in June 2021, and Mr Knowles was brought before the court in March 2022.
The allegations have not been tried in this proceeding. The warrant seeks prosecution on 28 counts. The judgment said the offences corresponded under Irish law to assault causing harm, threats to kill or cause serious harm, dangerous driving, assault, and cruelty to children. It also recorded two counts of causing grievous bodily harm, each carrying a potential life sentence. The court said assurances had been provided that the issuing judicial authority would review any such sentence on request after at least 20 years and encourage consideration of clemency measures.
Mr Knowles opposed surrender, arguing that it would breach his rights to private and family life and bodily integrity. His lawyers raised concerns that brain aneurysms and cognitive difficulties might affect his ability to understand the proceedings, make decisions and instruct his legal team. The case was adjourned for expert assessments.
Initial psychological reports assessed Mr Knowles as having an acquired brain injury and meeting criteria for a mild intellectual disability. A later report from consultant forensic psychiatrist Dr Sally Linehan questioned those conclusions, citing a lack of medical records or other supporting information. She said he understood the proceedings and could make decisions and give instructions. After reviewing her report, Dr Patrick Randall provided an updated report; the judge said both experts agreed on Mr Knowles’s ability to understand the legal issues and instruct his lawyers.
Applying the capacity test set out in Nolan v Carrick, the judge concluded that Mr Knowles’s cognitive ability was not impaired to the extent that he lacked capacity for the proceedings. She found that surrender was not precluded under the 2003 Act. The order directs surrender for prosecution; it does not determine guilt or the outcome of the Northern Ireland case.