‘Lifers’ lose appeal against UK extradition to finish terms
However, in a dissenting judgment, Mr Justice Gerard Hogan held that the British sentencing regime for ‘lifers’ compromised “fundamental constitutional values” by providing for a form of preventative detention and he allowed the men’s appeal.
A stay was put on the British citizens’ surrender pending a possible appeal to the Supreme Court.
Anthony Craig, aged 66, of Rathcoole, South Dublin, served 28 years in prison before escaping to Ireland, while Michael Anthony Balmer, 62, with a last address in Cornwall, England, served 27 years in prison before coming to Ireland following his release on license.
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The surrender of both men was ordered by the High Court last year. However, they appealed their extradition on grounds that they will be subjected to immediate preventative detention on their return.
In English law, once a person serves the punative part of their sentence they must remain in prison if they pose a risk to the public, counsel for Balmer, Patrick McGrath SC, had submitted to the Court of Appeal.
Both men had served the punative part of their sentences and their continued detention had been subject to the risk they posed to the public.
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