Practice and Procedure

IN RE (1) ELLIS (2) GILLIGAN (APPLICATIONS FOR WRITS OF HABEAS CORPUS) SUB NOM R V GOVERNOR OF BELMARSH PRISON & ANOR, EX PARTE GILLIGAN : R V GOVERNOR OF EXETER PRISON & ANOR, EX PARTE ELLIS (1999)

PUBLISHED November 18, 1999
SHARE

Under ss.1 and 2 Backing of Warrants (Republic of Ireland) Act 1965 a magistrate, in deciding whether the requirement of correspondence was satisfied, could only take into account the offence specified in the actual warrant and no other material was admissible. The word "correspond" in s.2(2) of the Act did not require exact correspondence of all the ingredients of the offences, a general similarity was enough. A magistrate had no jurisdiction to entertain an application for abuse of process under the Act.

HL (Lord Browne-Wilkinson, Lord Steyn, Lord Cooke of Thorndon, Lord Hope of Craighead, Lord Clyde)

18/11/1999

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