Extradition (European Union Conventions) Act 2001

PART 1 Preliminary and General

1 Short title, collective citation, construction and commencement.

1.—(1) This Act may be cited as the Extradition (European Union Conventions) Act, 2001.

(2) The Extradition Acts, 1965 to 1994, and this Act may be cited together as the Extradition Acts, 1965 to 2001, and shall be construed together as one Act.

(3) This Act shall come into operation on such day or days as the Minister may, by order or orders, appoint either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes or different provisions.

2 Interpretation.

2.—(1) In this Act—

“Act of 1987” means the Extradition (European Convention on the Suppression of Terrorism) Act, 1987;

“Act of 1994” means the Extradition (Amendment) Act, 1994;

“Convention of 1995” means the Convention on simplified extradition between the Member States of the European Union drawn up on the basis of Article K.3 of the Treaty of European Union, by Council Act done at Brussels on 10 March, 1995[^1], the text of which—

(a) in the English language, is set out in Part A of Schedule 1 to this Act, and

(b) in the Irish language, is set out in Part B of that Schedule;

“Convention of 1996” means the Convention relating to extradition between the Member States of the European Union drawn up on the basis of the said Article K.3, by Council Act done at Brussels on 27 September, 1996[^2], the text of which—

(a) in the English language, is set out in Part A of Schedule 2 to this Act, and

(b) in the Irish language, is set out in Part B of that Schedule;

“Principal Act” means the Extradition Act, 1965.

(2) The amendments effected by this Act apply, 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, other than an offence committed or alleged to have been committed before the commencement of section 13 of this Act by a person in whose case a court has found that the offence was a revenue offence.

PART 2 Convention of 1995

3 Amendment of section 3 of Principal Act.

3.—Section 3 of the Principal Act is hereby amended by the insertion of the following subsection:

“(1A) For the purposes of the amendments to this Act effected by Part 2 of the Extradition (European Union Conventions) Act, 2001, ‘Convention country’ means a country designated under section 4(1) of that Act.”.

4 Convention countries.

4.—(1) The Minister for Foreign Affairs may by order designate a country that has adopted the Convention of 1995.

(2) The Minister for Foreign Affairs may, by order, amend or revoke an order under this section, including an order under this subsection.

(3) An order under this section shall, as soon as may be after it is made, be laid before each House of the Oireachtas.

5 Provisional arrest.

5.—Section 27 of the Principal Act is hereby amended by the insertion of the following subsections:

“(2A) A request for the provisional arrest of a person made on behalf of a requesting country that is a Convention country shall—

(a) state that one of the documents mentioned in paragraph (a) of section 25(1) exists in respect of that person,

(b) be accompanied by a statement of the offences to which the request relates specifying the nature and description under the law of the requesting country of the offences concerned,

(c) specify the circumstances in which the offences were committed or alleged to have been committed including the time and place of their commission or alleged commission, and the degree of involvement or alleged degree of involvement of the person to whom the request relates in their commission or alleged commission, and

(d) specify the penalties to which that person would be liable if convicted of the offences concerned or, where he has been convicted of those offences, the penalties that have been imposed or, where he has been convicted of those offences but not yet sentenced, the penalties to which he is liable,

hereafter in this section referred to as ‘information furnished under subsection (2A)’.

(2B) A member of the Garda Síochána not below the rank of inspector shall provide a person, who is provisionally arrested pursuant to a warrant issued on foot of a request to which subsection (2A) applies, with the information furnished under subsection (2A) and shall inform him of his right to consent to his surrender under section 29A(1) (inserted by section 6(b) of the Extradition (European Union Conventions) Act, 2001) and inquire of him whether he wishes to so consent.”.

6 Consent to surrender.

6.—The Principal Act is hereby amended by—

(a) the substitution of the following section for section 14:

“14.—Extradition shall not be granted where a person claimed is a citizen of Ireland, unless the relevant extradition provisions or this Act otherwise provide.”,

and

(b) the insertion of the following section:

“29A.—(1) Where a person is brought before the High Court—

(a) under section 26, pursuant to a request from a Convention country for his extradition, or

(b) under section 27, pursuant to a request from a Convention country for his provisional arrest,

he may consent to his being surrendered to the Convention country concerned.

(2) Notwithstanding section 29, where a person is brought before the High Court under section 27, pursuant to a request from a Convention country to which this Part applies for the provisional arrest of that person, and the court is satisfied that—

(a) there has been compliance with subsection (2A) of the said section 27 (inserted by section 5 of the Extradition (European Union Conventions) Act, 2001),

(b) it is intended that a request will be made by or on behalf of the Convention country for the person's extradition, unless he consents to being surrendered,

(c) the person consents voluntarily to his being surrendered to the Convention country and is aware of the consequences of his so consenting,

(d) extradition of the person claimed is not prohibited by this Part or by the relevant extradition provisions,

(e) where the person claimed is a citizen of Ireland, the Minister consents to the person being surrendered to the Convention country concerned,

the court shall make an order committing that person to a prison (or, if he is not more than 21 years of age, to a remand institution) there to await the order of the Minister for his extradition.

(3) Notwithstanding section 29, where a person is brought before the High Court under section 26, pursuant to a request from a Convention country for the extradition of that person, and the court is satisfied that—

(a) the extradition of that person has been duly requested,

(b) this Part applies in relation to that Convention country,

(c) extradition of the person claimed is not prohibited by this Part or by the relevant extradition provisions,

(d) the documents required to support a request for extradition under section 25 have been produced,

(e) the person consents voluntarily to his being surrendered to the Convention country and is aware of the consequences of his so consenting, and

(f) where the person is a citizen of Ireland, the Minister consents to the person being surrendered to the Convention country concerned,

the court shall make an order committing that person to a prison (or, if he is not more than 21 years of age, to a remand institution) there to await the order of the Minister for his extradition.

(4) Where a person consents to his being surrendered under subsection (1), the High Court shall record in writing the giving of such consent and shall cause a copy thereof to be sent forthwith to the Minister.

(5) (a) If a person arrested under section 27 consents under subsection (1) to his being surrendered to the Convention country concerned, the Minister shall so inform that country not later than 10 days after the person is so arrested.

(b) Where a person arrested under section 27 does not consent under the said subsection to his being surrendered to the Convention country concerned, the Minister shall so inform that country not later than 10 days after the person is so arrested.

(6) A person who has consented under subsection (1) to his being surrendered to the Convention country concerned may, at any time thereafter but before the making of an order by the Minister under section 33, withdraw his consent and, if he withdraws his consent, the period between the giving of such consent before the High Court and the withdrawal of such consent by him shall not be taken into account for the purpose of calculating the period of 18 days specified in section 27(7).

(7) Where a person in respect of whom the High Court has made an order of committal under subsection (2) withdraws his consent to being surrendered to the Convention country concerned, he shall, as soon as may be after a request for his extradition has been received by the Minister from that Convention country, be brought before the High Court and the court shall affirm the said order of committal provided that, in relation to that request, there has been compliance with this Act.

(8) Subsection (2) of section 29 (inserted by section 9 of the Act of 1994) and subsections (4) and (6) of that section shall apply for the purposes of this section, subject to the modification that references in subsection (4) to subsection (1) shall be construed as references to subsection (2) or (3) of this section.”.

7 Waiver of rule of specialty.

7.—The Principal Act is hereby amended by—

(a) the substitution in section 20(1)(a) of the following subparagraph for subparagraph (i):

“(i) subject to section 20A (inserted by section 7(b) of the Extradition (European Union Conventions) Act, 2001), with the consent of the Minister, or”,

and

(b) the insertion of the following section:

“20A.—(1) The Minister may, where a person whose extradition is sought by a Convention country consents—

(a) under section 29A to his being surrendered to that country, and

(b) voluntarily before the High Court to the Minister giving his consent under section 20(1)(a)(i), and is aware of the consequences of the Minister so doing,

give his consent under the said section 20(1)(a)(i).

(2) A person who has consented in accordance with subsection (1) to the Minister giving his consent under section 20(1)(a)(i) may at any time thereafter, but before the giving of such consent by the Minister, withdraw his consent, and if the person so withdraws his consent the Minister shall not give his consent under section 20(1)(a)(i).

(3) The Minister shall not give his consent under section 20(1)(a)(i) in accordance with this section on a day that is before the day on which he makes an order under section 33 in respect of the person concerned.”.

8 Surrender.

8.—The Principal Act is hereby amended by the insertion of the following section:

“33A.—(1) Where the High Court makes an order under section 29A (inserted by section 6(b) of the Extradition (European Union Conventions) Act, 2001) in relation to a person whose surrender is sought by a Convention country, the Minister shall, not later than 20 days after the giving by that person of his consent to being surrendered to that country before that Court, so notify the Convention country in writing.

(2) Subject to subsection (3), the Minister shall make an order under section 33 in respect of a person to whom subsection (1) applies not later than 20 days after the giving of notification to the Convention country concerned under the said subsection (1).

(3) Where, for reasons beyond the control of the Minister, the Minister is unable to comply with subsection (2), he shall so notify the Convention country concerned and shall make an order under the said section 33 on such day as may be agreed by the Minister and that country.

(4) Where a day for the making of an order under section 33 is agreed in accordance with subsection (3), the person whose surrender is sought shall be surrendered to the Convention country concerned not later than 20 days after such day and if surrender is not effected before the expiration of such period of 20 days the person shall be released.

(5) Subsections (1), (2), (3) and (4) shall not apply where the Minister proposes to postpone the surrender of a person claimed in accordance with section 32.”.

PART 3 Convention of 1996

9 Amendment of section 3 of Principal Act.

9.—Section 3 of the Principal Act is hereby amended by the insertion of the following subsections:

“(1B) For the purposes of the amendments to this Act effected by Part 3 of the Extradition (European Union Conventions) Act, 2001, ‘Convention country’ means a country designated under section 10(1) of that Act.

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

10 Convention countries.

10.—(1) The Minister for Foreign Affairs may by order designate a country that has adopted the Convention of 1996.

(2) The Minister for Foreign Affairs may, by order, amend or revoke an order under this section, including an order under this subsection.

(3) An order under this section shall, as soon as may be after it is made, be laid before each House of the Oireachtas.

11 Extraditable offences.

11.—Section 10 of the Principal Act is hereby amended by—

(a) the insertion of the following subsection:

“(1A) Subject to subsection (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.”,

(b) the insertion of the following subsection:

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

(a) an offence to which subsection (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 with subsection (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.”,

(c) the substitution for subsection (3) of the following:

“(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.”,

and

(d) the insertion of the following subsection:

“(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.”.

12 Political offences.

12.—Section 3 of the Act of 1987 is hereby amended by the insertion in subsection (2) of the following paragraph:

“(aa) the purposes of Part II of the Act of 1965 in relation to any request for the surrender of a person made after the passing of the Extradition (European Union Conventions) Act, 2001, by any country that—

(i) has adopted the Convention of 1996, and

(ii) is a country to which the said Part II applies.”.

13 Revenue offences.

13.—The Principal Act is hereby amended by—

(a) the substitution, in section 3(1), of the following definition for the definition of “revenue offence” (inserted by section 3(a) of the Act of 1994):

“‘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 the scope 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;”,

(b) the substitution of the following section for section 13:

“13.—Extradition shall not be granted for revenue offences unless the relevant extradition provisions otherwise provide.”,

(c) the deletion, in subsection (2) of section 44, of—

(i) “or” in paragraph (b), and

(ii) paragraph (c),

and

(d) the deletion, in subsection (2)(a) of section 50, of subparagraph (iii).

14 Pardon or amnesty.

14.—The Principal Act is hereby amended by the insertion of the following section:

“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.