Tobin 2
In 2009, Ireland amended its domestic EAW legislation to bring it into line with the EAW framework decision by removing the requirement that, in conviction cases, a person the subject of a EAW had "fled" the issuing country. An amendment which came into force on 29 August 2009. On 17 September 2010, Hungary issued a new European Arrest Warrant seeking Tobin's arrest and surrender. Tobin was arrested on 10 November 2009 and his surrender was ordered on 11 February 2011 by Mr. Justice Peart, the same High Court judge who had previously refused the surrender.
However, Mr. Tobin was again successful in gaining the leave of the High Court to appeal its decision. Notwithstanding this Ciaran Tobin voluntarily entered custody in Ireland on 9 November 2011 on the basis that any time spent in prison in Ireland will be deducted from any time in prison that he might ultimately spend in Hungary.
Mr. Tobin won the appeal against surrender on 19 June 2012 when the Supreme Court overruled the High Court on a three to two majority.
Read more about this topic: Ciaran Tobin Extradition Case