The High Court has ordered the surrender of D.E. to the UK to face prosecution over three alleged sexual offences involving a child, but has postponed the transfer for six months because of his family's significant care needs.
D.E., aged 78, lived with his wife and son in the west of Ireland. Both had substantial physical disabilities and the court heard that he acted as their primary carer, particularly for his son, who required round-the-clock support.
The European arrest warrant, issued by Canterbury Crown Court in October 2019, sought D.E. for prosecution for one alleged offence of gross indecency with a girl under 14 and two alleged offences of indecent assault on a child under 16. The allegations concerned the same complainant.
D.E. objected that the warrant initially lacked sufficient particulars. Further information from the UK authorities subsequently supplied the complainant's identity, locations and additional details. The High Court held that the information was sufficient for surrender purposes.
The main issue was D.E.'s family circumstances. He argued that surrender would unjustifiably interfere with his right to family life under Article 8 of the European Convention on Human Rights because his wife and son depended heavily on his care.
Mr Justice Paul Burns accepted that the family's situation was exceptionally difficult and supported by cogent medical evidence. However, he held that those circumstances did not outweigh the strong public interest in surrender for prosecution of serious allegations. There was no abuse of process, culpable delay or evidence that extradition would expose D.E. to inhuman or degrading treatment.
The court also rejected an objection based on the UK's withdrawal from the European Union.
However, the judge found the family's circumstances relevant under a separate statutory power allowing surrender to be postponed on humanitarian grounds. He delayed the transfer for six months to give the family a reasonable opportunity to arrange alternative care. The surrender order itself remains in force.