The French judicial authorities requested the extradition of Bailey from Ireland to France so to question him about the crime.

The significance of this case was that the Supreme Court dealt with a situation where Bailey was a British national yet the French authorities requested for his extradition.

[3] A European Arrest Warrant for Bailey by the French government for the murder of Sophie Toscan Du Plantier in Ireland.

Ian Bailey was accused of murdering of Sophie Toscan du Plantier some time during 23 December 1996 in Co Cork.

Meaning, there had been no decision made to prosecute Bailey for the alleged murder of du Plantier by French authorities.

The question before the Court was whether the surrender of Bailey is against section 44 of the 2003 Act when the alleged crime was committed in Ireland and when he himself is not a national of the requesting state.

Also, it is important to note that Bailey was questioned by the Gardai in relation to the murder of Sophie Toscan du Plantier and his file at the DPP's office had been reviewed multiple times.

[1] The Court decided that it needed to reverse the situation and look at whether the Irish state has any jurisdiction if it was in the shoes of French authorities.

[4] Hence, the Court decided to allow the appeal in relation to section 44 because Bailey cannot be extradited to France when he is not a French citizen.

Likewise, section 42(b) also does not apply to Bailey because it says where proceedings are brought against an accused for an offence outlined in the European arrest warrant by the State, that person cannot be surrendered.

Decisions of the prosecutor may be influenced or changed if new evidence emerges no matter how compelling the facts of a case are.