PART I

Preliminary

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

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

3. —(1) In this Act—

“act” includes omission;

“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 and detention in Saint Patrick's Institution and, in relation to any other country, includes deprivation of liberty under a detention order;

“justice of the District Court” includes the President of the District Court;

“the Minister” means the Minister for Justice;

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

“political offence” does not include the taking or attempted taking of the life of a Head of State or a member of his family;

“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;

“revenue offence”, in relation to any country or place outside the State, means an offence in connection with taxes, duties 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;

“Saint Patrick's Institution” has the meaning assigned to it in the Criminal Justice Act, 1960 ;

“sentence” includes detention order.

(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. —Every order made by the Government under this Act 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 House within the next twenty-one days on which that House has sat 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. —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. —(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.

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

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

7. —(1) 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 shall 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.