An on-the-run police killer, who argued that he was facing an "extreme and draconian" sentencing regime if he was sent back to prison in the North, has consented to his surrender, the High Court has heard.
Christopher Shane Frane (36) was sentenced to a minimum of six years for the manslaughter of a police officer in 2013 after a car crash.
The sentencing judge also gave Frane an Indefinite Custodial Sentence that requires him to remain in prison until he can prove he is no longer a danger to the public.
Originally from Limerick, Frane absconded from the North on January 24th this year when on day-release and was arrested in the Republic in February on foot of an extradition warrant.
Frane had pleaded guilty to the 2013 manslaughter of Constable Philippa Reynolds. Ms Reynolds (27) was the back seat passenger in a police patrol car that was struck by a stolen Toyota Landcruiser driven by Frane in February 2013 in Derry. She was killed instantly.
At the High Court on Wednesday, Frane took the stand to tell Mr Justice Paul Burns that he was now consenting to his surrender to the North.
Frane's barrister, Karen Quinlivan KC had previously argued before Mr Justice Patrick McGrath in June that to surrender her client would be a breach of his rights under the Constitution and Article 5 of the European Convention on Human Rights.
She said it had been accepted that Frane has shown genuine remorse and regret and had embraced opportunities for rehabilitation in prison.
However, before allowing Frane's release, the parole board in Northern Ireland must be satisfied that he no longer poses a risk to the community.
This requirement, counsel said, sets an "almost impossible standard" for him to meet and, despite his efforts, he has not been cleared for release.
Ms Quinlivan pointed out that a judge of the Court of Appeal in Northern Ireland has described Indefinite Custodial Sentences as "extreme and draconian" and urged lawmakers to reconsider them.
He said it is a well-established principle that preventing risk to the public cannot be the only objective of sentencing.
A sentence requiring a person to prove they are no longer a risk to society would be unconstitutional in this jurisdiction, she said, and such a regime represents an egregious and fundamental defect in the sentencing regime in Northern Ireland.
A judgement had been due to be delivered in October but Frane will now be surrendered to the North inside a maximum of 20 days.
