PART II

Extradition Generally

8. —(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 Government are satisfied that reciprocal facilities to that effect will be afforded by another country, the Government may by order apply this Part in relation to that country.

(2) Where the Government have made an arrangement amending an extradition agreement the Government may by order so declare and the extradition agreement shall thereupon have effect as so amended.

(3) An order relating to an extradition agreement or an amendment thereof shall recite or embody the terms of the agreement or amendment and shall be evidence of the making of the agreement or amendment and of its terms.

(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 Government may 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.

(8) Every order under this section shall be published in Iris Oifigiúil as soon as may be.

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. —(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.

(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.

(3) In this section references to an offence punishable under the laws of the State shall be construed as including references to an act which, if it had been committed in the State, would constitute such an offence.

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.

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

13. —Extradition shall not be granted for revenue offences.

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

15. —Extradition shall not be granted where the offence for which it is requested is regarded under the law of the State as having been committed in the State.

16. —Extradition shall not be granted where a prosecution is pending in the State against the person claimed for the offence for which extradition is requested.

17. —(1) Extradition shall not be granted if final judgment has been passed in the State or in a third country upon the person claimed in respect of the offence for which extradition is requested.

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

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.

19. —Extradition shall not be granted for an offence which is punishable by death under the law of the requesting country but is of a category for which the death penalty is not provided for by the law of the State or is not generally carried out unless the requesting country gives such assurance as the Minister considers sufficient that the death penalty will not be carried out.

20. —(1) Extradition shall not be granted unless provision is made by the law of the requesting country or by the extradition agreement—

(a) that the person claimed shall not be proceeded against, sentenced or detained with a view to the carrying out of a sentence or detention order, or otherwise restricted in his personal freedom, for any offence committed prior to his surrender other than that for which his extradition is requested, except in the following cases—

(i) with the consent of the Minister, or

(ii) where that person, having had an opportunity to leave the territory of that country, has not done so within forty-five days of his final discharge in respect of the offence for which he was extradited or has returned to the territory of that country after leaving it, and

(b) that where the description of the offence charged in the requesting country 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 which would allow extradition.

(2) Notwithstanding anything in subsection (1), the fact that the law of the requesting country permits the taking of any measures necessary to remove the person from its territory or any measures necessary under its law, including proceedings by default, to prevent any legal effects of lapse of time shall not of itself prevent his extradition.

(3) The consent of the Minister shall not be given unless a request for consent is submitted by the requesting country, supported by the documents mentioned in section 25 and a legal record of any statement made by the extradited person in respect of the offence concerned.

(4) The consent of the Minister shall be given if the offence for which it is requested is itself one for which there is an obligation to grant extradition.

21. —(1) Extradition shall not be granted unless provision is made by the law of the requesting country or by the extradition agreement that that country shall not surrender to another country a person surrendered to the requesting country and sought by the other country for an offence committed before his surrender to the requesting country, except in the following cases—

(a) with the consent of the Minister, or

(b) where that person, having had an opportunity to leave the territory of that country, has not done so within forty-five days of his final discharge in respect of the offence for which he was extradited or has returned to the territory of that country after leaving it.

(2) Before acceding to a request for consent to the extradition of a person to whom subsection (1) applies, the Minister may request the production of the documents mentioned in section 25.

(3) A person who has been surrendered to the State by a requested country shall not be surrendered to a third country for an offence committed before his surrender, except in the following cases—

(a) with the consent of the requested country signified under the seal of a minister of state of that country, which seal shall be judicially noticed, or

(b) where that person, having had an opportunity to leave the State, has not done so within forty-five days of his final discharge in respect of the offence for which he was surrendered to the State or has returned to the State after leaving it.

22. —Where the relevant extradition provisions require the production by the requesting country of evidence as to the commission by the person claimed of the offence for which extradition is requested, extradition shall not be granted unless sufficient evidence is produced to satisfy the requirement.

23. —A request for the extradition of any person shall be made in writing and shall be communicated by—

(a) a diplomatic agent of the requesting country, accredited to the State, or

(b) any other means provided in the relevant extradition provisions.

24. —If extradition is requested concurrently by more than one country, either for the same offence or for different offences, the Minister shall decide which, if any, of the requests is to be proceeded with under this Part, having regard to all the circumstances and especially the relative seriousness and place of commission of the offences, the respective dates of the requests, the nationality of the person claimed and the possibility of subsequent surrender to another country.

25. —A request for extradition shall be supported by the following documents—

(a) the original or an authenticated copy of the conviction and sentence or detention order immediately enforceable or, as the case may be, of the warrant of arrest or other order having the same effect and issued in accordance with the procedure laid down in the law of the requesting country;

(b) a statement of each offence for which extradition is requested specifying, as accurately as possible, the time and place of commission, its legal description and a reference to the relevant provisions of the law of the requesting country;

(c) a copy of the relevant enactments of the requesting country or, where this is not possible, a statement of the relevant law;

(d) as accurate a description as possible of the person claimed, together with any other information which will help to establish his identity and nationality, and

(e) any other document required under the relevant extradition provisions.

26. —(1) If the Minister receives a request made in accordance with this Part for the extradition of any person he shall, subject to the provisions of this section, by order signify to a justice of the District Court that the request has been made and the justice shall issue a warrant for the arrest of that person.

(2) A warrant issued under this section may be executed by any member of the Garda Síochána in any part of the State.

(3) If the Minister is of opinion that the information communicated to him in pursuance of section 25 is insufficient, he may request the requesting country to furnish such further information as he thinks proper and may fix a time-limit for the receipt thereof.

(4) The Minister may refuse extradition if he is of opinion that the case is one in which extradition is prohibited under any provision of this Part or under the relevant extradition, provisions.

(5) A person arrested under a warrant issued under this section shall be brought before a justice of the District Court assigned to the Dublin Metropolitan District, or such other justice as the Minister may under section 28 direct.

27. —(1) A justice of the District Court, if he so thinks proper, may, without an order of the Minister under section 26, issue a warrant for the arrest of any person on the sworn information of a member of the Garda Síochána not below the rank of inspector that a request for the provisional arrest of that person has been made, on the ground of urgency, on behalf of a country in relation to which this Part applies and on being satisfied that the request complies with the requirements of this section.

(2) A request for the provisional arrest of any person shall—

(a) state that one of the documents mentioned in paragraph (a) of section 25 exists in respect of that person and that it is intended to send a request for his extradition,

(b) specify the nature of the offence and the time at which and the place where the offence is alleged to have been committed, and

(c) give a description of the person whose arrest is sought.

(3) A request for provisional arrest may be transmitted by post or telegraph or by any other means affording evidence in writing.

(4) A warrant issued under this section may be executed by any member of the Garda Síochána in any part of the State.

(5) Where a justice issues a warrant under subsection (1) he shall forthwith inform the Minister of the issue of the warrant and the Minister may, if he thinks fit, order the warrant to be cancelled and the person arrested thereunder released.

(6) A person arrested under a warrant issued under this section shall, unless the warrant is cancelled under subsection (5), be brought before a justice of the District Court assigned to the Dublin Metropolitan District, or such other justice as the Minister may under section 28 direct, and the justice shall remand the said person, either in custody or on bail, pending receipt from the Minister of an order signifying that the request for extradition has been duly received or the release of that person under section 35, and for this purpose the justice shall have the same powers of remand as if that person were brought before him charged with an indictable offence.

(7) If, within the period of eighteen days after such person's arrest, no such order is received, he shall be released.

(8) The release of any person under subsection (5) or (7) shall not prejudice his re-arrest and extradition if a request for his extradition is afterwards made.

28. —Where a person has been arrested in pursuance of a warrant issued under section 26 or 27, the Minister may by order direct that the case be heard before a justice assigned to the district named in the order and, in that case, the person arrested shall be brought before such justice.

29. —(1) Where a person is before the District Court under section 26 or 27 and the Court is satisfied that—

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

(b) this Part applies in relation to the requesting country, and

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

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

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

(2) The Court may, if of opinion that the information communicated under section 25 is insufficient to enable a decision to be made, adjourn the hearing for such period as the Court thinks proper to enable further information to be produced and pending consideration of the case the Court shall have the same powers of adjournment and remand as if the person claimed were brought before it charged with an indictable offence.

(3) The Court, on making an order under subsection (1), shall—

(a) inform the person to whom it relates that he will not be surrendered, except with his consent, until after the expiration of fifteen days from the date of his committal and inform him also of the provisions of section 4.2° of Article 40 of the Constitution (which relates to the making of a complaint to the High Court by or on behalf of any person alleging that that person is unlawfully detained), and

(b) cause a certificate of the committal to be sent forthwith to the Minister.

(4) Where the person claimed is not committed under subsection (1) the Court shall order him to be discharged.

(5) No appeal shall lie to the Circuit Court against an order of the Court under this section.

(6) Sections 10 and 11 of the Criminal Justice Act, 1960 , shall apply to a person committed to a remand institution under this section.

30. —The Minister may by order cause a person committed under section 29 to be removed to a hospital or any other place if the Minister thinks it necessary so to do in the interests of his health and that person shall, while detained in that hospital or place, be in lawful custody.

31. —A person committed under section 29 shall not be surrendered, except with his consent, given before a justice of the District Court, to the requesting country until the expiration of fifteen days from the date of his committal or until the conclusion of any habeas corpus proceedings brought by him or on his behalf, whichever is the later.

32. —The Minister may postpone the surrender of a person claimed in order that he may be proceeded against in the State, or (if he has already been convicted) in order that he may serve any sentence imposed on him in the State, for an offence other than that for which his extradition is requested.

33. —(1) Subject to sections 31 and 32, the Minister may, if the person committed is not discharged by the decision of the High Court in habeas corpus proceedings, by order direct the person to be surrendered to such other person as in his opinion is duly authorised by the requesting country to receive him and he shall be surrendered accordingly.

(2) Any person to whom an order under subsection (1) directs a person to be surrendered may receive, hold in custody, and convey out of the State the person so surrendered and if the person so surrendered escapes from any custody to which he has been delivered in pursuance of the said order he shall be liable to be retaken in the same manner as any person who escapes from lawful custody.

[Art. 21.6]

(3) The Minister shall not make an order under subsection (1) if he is of the opinion that the extradition of the person whose surrender is requested would involve transit through any territory where there is reason to believe that his life or his freedom may be threatened by reason of his race, religion, nationality or political opinion.

34. —(1) Subject to section 32 and to subsection (2) of this section, if any person awaiting his surrender under this Part is not surrendered and conveyed out of the State within one month after the committal, or within one month after the conclusion of habeas corpus proceedings brought by him or on his behalf, whichever is the later, the High Court may, on application made by or on behalf of that person and upon proof that reasonable notice of the intention to make the application has been given to the Minister, order the person to be discharged from custody.

[Art. 18, in pt.]

(2) Where, on application to the High Court under subsection (1), the Court is satisfied—

(a) that the state of health of the person claimed or other circumstances beyond the control of the State or the requesting country have prevented the person claimed from being conveyed out of the State, and

(b) that it is likely that within a reasonable time such circumstances will no longer prevent his removal, the Court may fix a period within which he may be surrendered and he shall be released if not conveyed out of the State within that period.

35. —(1) Whenever the Minister is of opinion, in relation to a person who is for the time being on remand or awaiting his surrender under this Part, that extradition is prohibited under any provision of this Part or of the relevant extradition provisions, the Minister may at any time refuse extradition and shall thereupon order the person, if in custody, to be released.

(2) In case it appears to the Minister that the request or intended request for extradition is not being proceeded with, the Minister may order that the said person, if in custody, shall be released.

36. —(1) A member of the Garda Síochána executing a warrant under section 26 or 27 may seize and retain any property—

(a) which appears to him to be reasonably required as evidence for the purpose of proving the offence alleged, or

(b) which appears to him to have been acquired as a result of the alleged offence and which—

(i) is found at the time of arrest in the possession of the person arrested under the warrant, or

(ii) is discovered subsequently.

(2) Subject to the provisions of this section, any property seized under subsection (1) shall, if an order is issued by the Minister under section 33 for the surrender of the person claimed, be handed over to any person who appears to the Minister to be duly authorised by the requesting country to receive it as soon as may be after the issue of the order and the said property shall be so handed over notwithstanding that the extradition in question cannot be carried out by reason of the death or escape of the person claimed.

(3) Any property so seized may, if any criminal proceedings to which the property relates are pending in the State, be retained in the State in accordance with law until the conclusion of the said proceedings or may, if the Minister so directs, be handed over on condition that the requesting country shall return the property.

(4) Nothing in this section shall prejudice or derogate from any rights that may lawfully have been acquired by the State or any person in the State in any property to be handed over under this section and where any such rights exist the property shall not be handed over except upon condition that the requesting country shall return it as soon as may be after the trial of the person surrendered and without charge to the State or person having such rights.

37. —A document supporting a request for extradition shall be received in evidence without further proof if it purports to be signed or certified by a judge, magistrate or officer of the requesting country and to be authenticated by the oath of some witness or by being sealed with the official seal of a minister of state of that country and judicial notice shall be taken of such official seal.

38. —(1) Where any citizen of Ireland does any act outside the State which constitutes an offence for which he would be liable to extradition but for the fact that he is a citizen of Ireland he shall be guilty of the like offence and be liable on conviction to the like punishment as if the act were done within the State.

(2) No proceedings for an offence under subsection (1) shall be taken except by direction of the Attorney General, given following a request to that effect made in the manner provided for in section 23 by the country within whose territory the act is alleged to have been committed.

(3) This section shall apply only to acts committed after the commencement of this Act.

(4) For the purpose of the exercise of jurisdiction, in relation to an offence to which subsection (1) applies, by any court of competent jurisdiction the act constituting the offence shall be deemed to have been committed within the area of the Dublin Metropolitan District.

39. —(1) This section applies to a person who has been surrendered to the State by a requested country.

(2) He shall not be proceeded against, sentenced or imprisoned or otherwise restricted in his personal freedom for any offence committed prior to his surrender other than that for which he was surrendered, except in the following cases—

(a) with the consent of the requested country, signified under the seal of a minister of state of that country, which seal shall be judicially noticed, or

(b) where that person, having had an opportunity to leave the State, has not done so within forty-five days of his final discharge in respect of the offence for which he was surrendered or has returned to the State after leaving it.

(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.

40. —(1) Transit through the State of a person being conveyed from one country to another on his surrender pursuant to an agreement in the nature of an extradition agreement may, subject to any relevant extradition provisions and to such conditions, if any, as the Minister thinks proper, be granted by the Minister upon a request to that effect by the country to which he is being conveyed.

(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.