EXTRADICTION ACT, 1965

• (3) Where the description of the offence charged is altered in the course of proceedings, he shall only be proceeded against or sentenced in so far as the offence under its new description is shown by its constituent elements to be an offence for which he would be liable to be surrendered to the State.

• F84[(2A) A person to whom this section applies, who has been surrendered to the State by a Convention country pursuant to a request for his extradition from the Central Authority in the State, may—

• (a) be proceeded against for an offence alleged to have been committed by him before his surrender (other than that for which he has been surrendered) provided that—

• (i) upon conviction he is not liable to a term of imprisonment or detention,

• (ii) in circumstances where, upon conviction, he would be liable to a term of imprisonment or detention or such penalty as does not involve a restriction of his personal liberty, the said other penalty only shall be imposed should he be convicted of the offence concerned,

• (b) be subjected to a penalty (other than a penalty consisting of the restriction of his personal liberty) including a financial penalty, where apart from this section the law so provides in respect of an offence—

• (i) of which he has been convicted,

• (ii) that was committed before his surrender, and

• (iii) that is not an offence for which he has been surrendered,

notwithstanding that where such person fails or refuses to pay the penalty concerned (or, in the case of a penalty that is not a financial penalty, fails or refuses to comply with the order of the court by which the penalty has been imposed), he may in accordance with law and apart from this section be detained or otherwise deprived of his personal liberty, or

• (c) be proceeded against or, where apart from this section the law so provides, be detained for the purpose of executing a sentence of imprisonment or detention in respect of an offence—

• (i) of which he has been convicted,

• (ii) that was committed before his surrender, and

• (iii) that is not an offence for which he has been surrendered,

or, where apart from this section the law so provides, be otherwise restricted in his personal liberty as a consequence of being convicted of such offence, provided that he has consented to such execution or his personal liberty being so restricted before the High Court which shall, upon being satisfied that the person so consents voluntarily and is aware of the consequences of his so consenting, record that consent.]

40. Transit. [Art. 21]

40.—F85[(1) Transit through the State of a person being conveyed from one country to another upon his surrender pursuant to an agreement in the nature of an extradition agreement may, subject to—

• (a) any relevant extradition provisions,

• (b) such conditions, if any, as the Minister thinks proper, and

• (c) in circumstances where the country to which he is being conveyed is a Convention country, compliance with subsection (1A) (inserted by section 19(b) of the Extradition (European Union Conventions) Act, 2001),

be granted by the Minister upon a request to that effect by the country to which he is being conveyed.]

• F86[(1A) Where a request to which subsection (1) applies is made by a Convention country, the following information shall be provided by or on behalf of the Central Authority in that country in writing to the Central Authority in the State, that is to say:

• (a) such information as will enable the person to be identified by the Central Authority in the State,

• (b) whether—

• (i) there exists an arrest warrant or other document having the same effect as an arrest warrant under the law of the Convention country issued by a judicial authority in that country in respect of the person, or

• (ii) the person has been convicted in the Convention country of an offence in respect of which he has been surrendered,

• (c) the nature, and description under the law of the Convention country, of the offence in respect of which the person has been surrendered, and

• (d) a description of the circumstances in which the offence—

• (i) was committed, or

• (ii) where the person has not yet been convicted of the offence concerned, is alleged to have been committed,

and the date and place of its commission or alleged commission, as may be appropriate.]

• (2) The Minister may arrange for the supervision of such transit by the Garda Síochána and the person concerned shall be deemed to be in the custody of any member of the Garda Síochána accompanying him pursuant to such arrangement.

• F86[(2A)
• (a) This subsection applies to an aircraft that has taken off from a place (other than the State) and that is scheduled to land in a place (other than the State) and on board which there is a person who is being conveyed to a Convention country upon his surrender to that country pursuant to an agreement in the nature of an extradition agreement.

• (b) Where an aircraft to which this subsection applies, for whatever reason, lands in the State, the Central Authority of the Convention country referred to in paragraph (a) shall, upon its landing or as soon as may be after it lands, comply with subsection (1A) and the said subsection (1A) shall apply subject to any necessary modifications.

• (c) While an aircraft to which this subsection applies is in the State, a person referred to in paragraph (a) who is on board that aircraft shall be deemed to be in transit through the State and subsection (2) shall apply accordingly.]

PART III Endorsement and Execution of Certain Warrants

41. Places in relation to which Part III applies.

41.—F87[…]

42. Definitions.

42.—F88[…]

43. Endorsement of warrants.

43.—F89[…]

44. Restrictions on endorsement.

44.—F90[…]

44A. F91[Power of AG to direct refusal of endorsement of warrant

44A.—F92[…]]

44B. F93[Power of AG to revoke a direction

44B.—F94[…]]

44C. F95[Proof

44C.—F96[…]]

44D. F97[Section 44A restricted

44D.—F98[…]]

45. Execution of warrants.

45.—(1) F99[…]

• (2) F99[…]

• (3) F100[…]

46. Remand of arrested person to District Court.

46.—F101[…]

47. Proceedings before F102[High Court].

47.—F103[…]

48. Lapse of time before delivery of arrested person.

48.—F104[…]

49. Provisional warrants.

49.—F105[…]

50. Release of persons arrested.

50.—F106[…]

51. Special provisions for summary offences.

51.—F107[…]

52. Remand.

52.—F108[…]

53. Discharge of persons not taken out of State.

53.—F109[…]

54. Acceptance of documents by Commissioner of Garda Síochána.

54.—F110[…]

55. Evidence in proceedings.

55.—F111[…]

SCHEDULE Repeals

Section 6.

Footnotes