Extradition Act , 1965

PART I Preliminary

1. Short title.

1.—This Act may be cited as the Extradition Act, 1965.

2. Commencement.

2.—This Act shall come into operation on such day as the Minister by order appoints.

3. Interpretation.

3.—(1)In this Act—

“act” includes omission;

F1["country" includes—

(a) a place or territory for whose external relations a country, other than that place or territory, is (in whole or in part) responsible, and

(b) a place or territory for whose external relations the government of a country, other than the government of that place or territory, is (in whole or in part) responsible.]

“detention order”, in relation to another country, means any order involving deprivation of liberty which has been made by a criminal court in that country in addition to or instead of a prison sentence;

“diplomatic agent” means an ambassador extraordinary and plenipotentiary, envoy extraordinary and minister plenipotentiary or chargé d'affaires;

“extradition” means the surrender of a person under the provisions of Part II to a country in relation to which that Part applies;

“extradition agreement” has the meaning assigned to it by subsection (1) of section 8;

“extradition provisions” means the provisions of an extradition agreement or of an order under section 8 applying Part II otherwise than in pursuance of an extradition agreement;

“habeas corpus proceedings” means proceedings (including proceedings on appeal) under section 4.2° of Article 40 of the Constitution;

“imprisonment”, in relation to the State, includes penal servitude F2[…] and, in relation to any other country, includes deprivation of liberty under a detention order;

F3[…]

“justice of the F4[High Court]” includes the President of the F4[High Court];

“the Minister” means the Minister for Justice;

“person claimed” means a person whose extradition is requested;

F1["political offence" does not include any of the following:

(a) the taking or attempted taking of the life of a Head of State or a member of his family;

(b) an offence within the scope of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances done at Vienna on the 20th of December, 1988;

(c) an offence within the scope of the International Convention for the Suppression of Terrorist Bombings adopted by resolution 52/164 of the General Assembly of the United Nations on 15 December 1997;

(d) an offence within the scope of the International Convention for the Suppression of the Financing of Terrorism adopted by resolution 54/109 of the General Assembly of the United Nations on 9 December 1999;]

“remand institution” means an institution (other than a prison) within the meaning of the Criminal Justice Act, 1960;

“requested country” means a country which is requested to surrender a person to the State for prosecution or punishment for an offence;

“requesting country” means a country which requests extradition;

F5["revenue offence", in relation to any country or place outside the State, means an offence in connection with taxes, duties, customs or exchange control but does not include an offence involving the use or threat of force or perjury or the forging of a document issued under statutory authority or an offence alleged to have been committed by an officer of the revenue of that country or place in his capacity as such officer or an offence within thescope of Article 3 of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances done at Vienna on the 20th day of December, 1988;

F2[…]]

“sentence” includes detention order.

F6["torture" has the meaning assigned to it by the Criminal Justice (United Nations Convention against Torture) Act, 2000.]

F7[(1A) For the purposes of the amendments to this Act effected by Part 2 ofthe Extradition (European Union Conventions) Act 2001, "Convention country" means—

(a) a country designated under section 4(1) of that Act, or

(b) in such provisions of this Act as are specified in an order under subsection (1A) (inserted bysection 52of the European Arrest Warrant Act 2003) ofsection 4 of the Extradition (European Union Conventions) Act 2001, a country designated by that order, to which the provisions so specified apply.]

F8[F9[(1B) For the purposes of the amendments to this Act effected by Part 3 ofthe Extradition (European Union Conventions) Act 2001, "Convention country" means—

(a) a country designated under section 10(1) of that Act, or

(b) in such provisions of this Act as are specified in an order under subsection (1A) (inserted bysection 52of the European Arrest Warrant Act 2003) ofsection 10 of the Extradition (European Union Conventions) Act 2001, a country designated by that order, to which the provisions so specified apply.]

(1C) For the purposes of this Act and the Convention of 1996, the Central Authority in the State shall be the Minister.]

(2)This Act applies, except where otherwise provided, in relation to an offence whether committed or alleged to have been committed before or after the passing of this Act.

4. Laying of orders before Houses of Oireachtas.

F10[4.—Every order under section 8F11[or section 23(2) of this Act]made after the commencement ofsection 48of the European Arrest Warrant Act 2003 shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.]

5. Expenses.

5.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

6. Repeals. S.R. & O. No. 431 of 1947.

6.—(1)Each of the enactments specified in the Schedule to this Act is hereby repealed to the extent set out in the third column of that Schedule.

(2)Rule 74 (3) of the District Court Rules, 1948, shall cease to have effect.

7. Transitory provisions.

7.—Any order made under section 2 of the Extradition Act, 1870, and in force immediately before the commencement of this Act shall continue in force and be deemed to be an order made under subsection (1) of section 8 and the arrangement to which it relates shal(1)l be deemed to be an extradition agreement.

(2)An order to which subsection (1) applies shall, if not sooner revoked under section 8, expire on the 1st day of January, 1972.

7A. F13[Admission to bail by High Court.

7A.—A person arrested under Part II or III of this Act shall not be admitted to bail except by order of the High Court.]

7B. F14[Evidence by affidavit.

7B.—F15[…]]

PART II Extradition Generally

8. Application of Part II.

8.—F16[(1) Where by any international agreement or convention to which the State is a party an arrangement (in this Act referred to as an extradition agreement) is made with another country for the surrender by each country to the other of persons wanted for prosecution or punishment or where the Minister is satisfied that reciprocal facilities to that effect will be afforded by another country, the Minister for Foreign Affairs may, after consultation with the Minister, by order apply this Part—

(a) in relation to that country, or

(b) in relation to a place or territory for whose external relations that country is (in whole or in part) responsible.

(1A) Where at any time after the making of an order undersubsection (1), a country becomes a party to an extradition agreement to which that order applies, the Minister for Foreign Affairs may, after consultation with the Minister, by order so declare, and this Part shall, upon the making of the second-mentioned order, apply—

(a) to that country, or

(b) if that country became a party to the extradition agreement concerned for the purpose only of its applying in relation to a place or territory for whose external relations that country is (in whole or in part) responsible, to that place or territory.]

(2)Where the Government have made an arrangement amending an extradition agreement the F17[Minister for Foreign Affairs may, after consultation with the Minister] by order so declare and the extradition agreement shall thereupon have effect as so amended.

F18[(3) An order relating to an extradition agreement (other than an order undersubsection (1A)(inserted bysection 23(a)of the Extradition (European Union Conventions) Act, 2001)) shall recite or embody the terms of the agreement and shall be evidence of the making of the agreement and of its terms.]

F19[(3A) An order undersubsection (1A)shall in relation to the extradition agreement concerned recite or embodythe terms of any reservation or declaration entered to that agreement by a country to which the order applies, and shall be evidence of the reservation or declaration (if any) and of its terms.

(3B) An order undersubsection (2)shall recite or embody the terms of the amendment and shall be evidence of the making of the arrangement amending the extradition agreement concerned and of the terms of the amendment.]

(4)An order applying this Part in relation to any country otherwise than in pursuance of an extradition agreement may be made subject to such conditions, exceptions and qualifications as may be specified in the order.

(5)Every extradition agreement and every order applying this Part otherwise than in pursuance of an extradition agreement shall, subject to the provisions of this Part, have the force of law in accordance with its terms.

(6)The F17[Minister for Foreign Affairs may, after consultation with the Minister,] by order revoke or amend an order under this section.

(7)On the revocation of an order applying this Part in relation to any country, this Part shall cease to apply in relation to that country.

F18[(8) A notice of the making of each order under this section shall be published inIris Oifigiúilas soon as may be after it is made.]

F20[(9) An order under this section in force immediately before the commencement of the European Arrest Warrant Act 2003 shall continue in force after such commencement as if made under this section (as amended bysection 49of that Act), and may be amended or revoked accordingly.]

9. Obligation to extradite. [Art. 1]

9.—Where a country in relation to which this Part applies duly requests the surrender of a person who is being proceeded against in that country for an offence or who is wanted by that country for the carrying out of a sentence, that person shall, subject to and in accordance with the provisions of this Part, be surrendered to that country.

10. Extraditable offences. [Art. 2]

10.—(1)Subject to subsection (2), extradition shall be granted only in respect of an offence which is punishable under the laws of the requesting country and of the State by imprisonment for a maximum period of at least one year or by a more severe penalty and for which, if there has been a conviction and sentence in the requesting country, imprisonment for a period of at least four months or a more severe penalty has been imposed.

F21[(1A) Subject tosubsection (2A), extradition to a requesting country that is a Convention country shall be granted only in respect of an offence that is punishable—

(a) under the laws of that country, by imprisonment or detention for a maximum period of not less than one year or by a more severe penalty, and

(b) under the laws of the State, by imprisonment or detention for a maximum period of not less than 6 months or by a more severe penalty,

and for which, if there has been a conviction and sentence in the requesting country, imprisonment for a period of not less than 4 months or a more severe penalty has been imposed.]

(2)If a request is made for extradition in respect of an offence to which subsection (1) applies and the request includes also any other offence which is punishable under the laws of the requesting country and of the State but does not comply with the conditions as to the period of imprisonment which may be, or has been, imposed, then extradition may, subject to the provisions of this Part, be granted also in respect of the latter offence.

F21[(2A) If a request is made by a Convention country for extradition for—

(a) an offence to whichsubsection (1A)applies, and

(b) an offence punishable under the laws of that country and of the State in respect of which there is a failure to comply withsubsection (1A),

extradition may, subject to this Part, be granted in respect of the second-mentioned offence, but where extradition is refused for the first-mentioned offence it shall be refused for the second-mentioned offence also.]

F22[(3) In this section "an offence punishable under the laws of the State" means—

(a) an act that, if committed in the State on the day on which the request for extradition is made, would constitute an offence, or

(b) in the case of an offence under the law of a requesting country consisting of the commission of one or more acts including any act committed in the State (in this paragraph referred to as "the act concerned"), such one or more acts, being acts that, if committed in the State on the day on which the act concerned was committed or alleged to have been committed would constitute an offence,

and cognate words shall be construed accordingly.]

F23[(4) In this section "an offence punishable under the laws of the requesting country" means an offence punishable under the laws of the requesting country on—

(a) the day on which the offence was committed or is alleged to have been committed, and

(b) the day on which the request for extradition is made,

and cognate words shall be construed accordingly.]

11. Political offences. [Art. 3]

11.—(1)Extradition shall not be granted for an offence which is a political offence or an offence connected with a political offence.

(2)The same rule shall apply if there are substantial grounds for believing that a request for extradition for an ordinary criminal offence has been made for the purpose of prosecuting or punishing a person on account of his race, religion, nationality or political opinion or that that person's position may be prejudiced for any of these reasons.

F24[(2A) The same rule shall apply if there are substantial grounds for believing that if the request for extradition is granted the person claimed may be subjected to torture.]

F25[(3) (a) This subsection applies to an offence of which a person is accused or has been convicted outside the State and the act constituting which would, if done within the State, constitute an offence under—

(i) section 3 (grave breaches of Scheduled Conventions) of the Geneva Conventions Act 1962, as amended by section 3 of the Geneva Conventions (Amendment) Act 1998, and

(ii) section7(genocide, crimes against humanity and war crimes) or8(ancillary offences) of the International Criminal Court Act 2006.

(b) For the purposes of this Part and without prejudice to section 3 (certain offences not to be regarded as political offences) of the Extradition (European Convention on the Suppression of Terrorism) Act 1987, an offence to which this subsection applies shall not be regarded as a political offence or an offence connected with a political offence.]

12. Military offences. [Art. 4]

12.—Extradition shall not be granted for offences under military law which are not offences under ordinary criminal law.

13. Revenue offences. [Art. 5]

F26[13.—Extradition shall not be granted for revenue offences unless the relevant extradition provisions otherwise provide.]

14. Irish citizens.

F27[14.Extradition shall not be granted where a person claimed is a citizen of Ireland, unless—

(a) the relevant extradition provisions or this Act otherwise provide, or

(b) the law of the requesting country does not prohibit the surrender by the requesting country of a citizen of that country to the State for prosecution or punishment for an offence.]

15. F28[Proceedings in State for same offence.

15.—(1) Extradition shall not be granted for an offence which is also an offence under the law of the State if—

(a) the Director of Public Prosecutions or the Attorney General is considering, but has not yet decided, whether to bring proceedings for the offence against the person claimed, or

(b) proceedings for the offence are pending in the State against the person claimed.

(2) Extradition may be refused by the Minister for an offence which is also an offence under the law of the State if the Director of Public Prosecutions or the Attorney General has decided either not to institute or to terminate proceedings against the person claimed in respect of the offence.]

16. F29[Persons convicted in absentia.

16.—Extradition shall not be granted where the person claimed is being requested for the carrying out of a sentence and he or she did not appear in person at the trial resulting in the sentence, unless the requesting country has given an undertaking in writing to the Minister that the person claimed may have his or her conviction set aside and will, upon being surrendered, be given the opportunity of a retrial in respect of that offence.]

17. F30[Non bis in idem.

17.—Extradition shall not be granted if final judgment has been passed in the State or, in accordance with the law of a third country, in that third country, upon the person claimed in respect of the offence for which extradition is requested.]

18. Lapse of time. [Art. 10]

18.—Extradition shall not be granted when the person claimed has, according to the law of either the requesting country or the State, become immune by reason of lapse of time from prosecution or punishment.

18A. F31[Pardon or amnesty.

18A. (1) Extradition shall not be granted where the person claimed has been granted a pardon under Article 13.6 of the Constitution in respect of an offence consisting of an act that constitutes in whole or in part the offence under the law of the requesting country in respect of which extradition is sought.

(2) Extradition shall not be granted where the person claimed has, in accordance with the law of the requesting country, become immune, by virtue of any amnesty or pardon, from prosecution or punishment for the offence concerned.