The Court of Appeal has ordered the surrender of P.K. to the United Kingdom to face two alleged indecent assault offences dating from 1994, overturning an earlier High Court refusal.
The European Arrest Warrant was issued by Liverpool Magistrates' Court in May 2015. The complainant was six at the time of the alleged offences and P.K., her stepbrother, was most probably 13.
The allegations concern two incidents of sexual contact. P.K. denied them when he voluntarily travelled to Liverpool for police interview in August 2013 after being contacted about the historic complaint.
The High Court later refused surrender. One factor was administrative delay after the complainant reported the allegations in 2011. More importantly, the High Court considered the impact on P.K.’s family after his 13-year-old daughter, who has Asperger’s syndrome, was herself seriously sexually assaulted in January 2016. P.K. was providing significant support to her during the aftermath.
The Court of Appeal accepted that those circumstances were serious. However, it held that the public interest in honouring European Arrest Warrant obligations and ensuring that accused people face trial remains very strong. Family disruption, even severe disruption, will only justify refusal in rare and compelling cases.
The court said the daughter’s circumstances would not have prevented a domestic prosecution from proceeding in Ireland. They could instead be raised before the UK courts in relation to matters such as bail or sentence.
The court also rejected an argument based on P.K.’s age at the time of the alleged offending. Irish law then provided a rebuttable presumption concerning the criminal capacity of a 13-year-old, but did not prevent proceedings from being brought solely because of age. Section 43 of the European Arrest Warrant Act therefore did not bar surrender.
The court allowed the Minister’s appeal and directed P.K.’s surrender, while briefly deferring the formal order to allow him to explore voluntary return and a bail application.