Extradition Act 1965


Number 17 of 1965


EXTRADITION ACT 1965

REVISED

Updated to 1 February 2019


This Revised Act is an administrative consolidation of the Extradition Act 1965. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Local Government Act 2019 (1/2019), enacted 25 January 2019, and all statutory instruments up to and including Brown Crab (Conservation Of Stocks) Regulations 2019 (S.I. No. 26 of 2019), made 1 February 2019, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 17 of 1965


EXTRADITION ACT 1965

REVISED

Updated to 1 February 2019


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Extradition Acts 1965 to 2012 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 1(3)). The Acts in this group are:

Extradition Act 1965 (17/1965)

Extradition (European Convention on the Suppression of Terrorism) Act 1987 (1/1987)

Extradition (Amendment) Act 1987 (25/1987)

Extradition (Amendment) Act 1994 (6/1994)

Extradition (European Union Conventions) Act 2001 (49/2001)

European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), Part 4

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1974, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Prisons Act 2015 (57/2015)

European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012)

Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009)

International Criminal Court Act 2006 (30/2006)

Criminal Justice (Terrorist Offences) Act 2005 (2/2005)

European Arrest Warrant Act 2003 (45/2003)

Criminal Justice (Theft and Fraud Offences) Act 2001 (50/2001)

Extradition (European Union Conventions) Act 2001 (49/2001)

Criminal Justice (Safety of United Nations Workers) Act 2000 (16/2000)

Criminal Justice (United Nations Convention Against Torture) Act 2000 (11/2000)

Criminal Justice Act 1999 (10/1999)

Geneva Conventions (Amendment) Act 1998 (35/1998)

Extradition (Amendment) Act 1994 (10/1994)

Radiological Protection Act 1991 (9/1991)

Air Navigation and Transport Act 1988 (15/1988)

Extradition (Amendment) Act 1987 (25/1987)

Extradition (European Convention on the Suppression of Terrorism) Act 1987 (1/1987)

Criminal Law (Jurisdiction) Act 1976 (14/1976)

Air Navigation and Transport Act 1975 (9/1975)

Air Navigation and Transport Act 1973 (29/1973)

Genocide Act 1973 (28/1973)

Criminal Procedure Act 1967 (12/1967)

All Acts up to and including Local Government Act 2019 (1/2019), enacted 25 January 2019, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Extradition (Protocol to The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict) Order 2018 (S.I. No. 301 of 2018)

Extradition Act 1965 (Application of Part II) Order 2013 (S.I. No. 416 of 2013)

Extradition Act 1965 (Application of Part II) Order 2011 (S.I. No. 59 of 2011)

Extradition Act 1965 (Application of Part II) (Amendment) Order 2010 (S.I. No. 45 of 2010)

Extradition Act 1965 (Application of Part II) (Amendment) Order 2009 (S.I. No. 9 of 2009)

Extradition Act 1965 (Application of Part II) (Amendment) Order 2005 (S.I. No. 374 of 2005)

Extradition Act 1965 (Application of Part II) (Amendment) (No. 2) Order 2004 (S.I. No. 725 of 2004)

Extradition Act 1965 (Application of Part II) (Amendment) Order 2004 (S.I. No. 587 of 2004)

Extradition Act 1965 (Application of Part II) (Amendment) (No. 2) Order 2003 (S.I. No. 649 of 2003)

Extradition Act 1965 (Application of Part II) (Amendment) Order 2003 (S.I. No. 479 of 2003)

Extradition Act 1965 (Application of Part II) (Amendment) Order 2002 (S.I. No. 173 of 2002)

Extradition Act 1965 (Application of Part II) (Amendment) Order 2002 (S.I. No. 474 of 2000)

Extradition (Rule of Specialty and Re-Extradition For Purposes of Part III of Extradition Act, 1965) Order 1994 (S.I. No. 221 of 1994)

Extradition Act, 1965 (Part II) (No. 24) Order 1989 (S.I. No. 48 of 1989)

Extradition Act, 1965 (Part II) (No. 25) Order 1989 (S.I. No. 10 of 1989)

Extradition Act, 1965 (Part II) (No. 23) Order 1989 (S.I. No. 9 of 1989)

Extradition Act, 1965 (Part II) (No. 22) Order 1987 (S.I. No. 33 of 1987)

Extradition Act, 1965 (Part II) (No. 21) Order 1986 (S.I. No. 220 of 1986)

Extradition Act, 1965 (Part II) (No. 20) Order 1984 (S.I. No. 300 of 1984)

Extradition Act, 1965 (Part II) (No. 19) Order 1984 (S.I. No. 271 of 1984)

Extradition Act, 1965 (Part II) (No. 18) Order 1984 (S.I. No. 238 of 1984)

Extradition Act, 1965 (Part II) (No. 17) Order 1983 (S.I. No. 10 of 1983)

Extradition Act, 1965 (Part II) (No. 16) Order 1982 (S.I. No. 349 of 1982)

Extradition Act, 1965 (Part II) (No. 15) Order 1982 (S.I. No. 47 of 1982)

Extradition Act, 1965 (Part II) (No. 14) Order 1977 (S.I. No. 102 of 1977)

Extradition Act, 1965 (Part II) (No. 13) Order 1977 (S.I. No. 62 of 1977)

Extradition Act, 1965 (Part II) (No. 12) Order 1976 (S.I. No. 323 of 1976)

Extradition Act, 1965 (Part II) (No. 11) Order 1976 (S.I. No. 322 of 1976)

Extradition Act, 1965 (Part II) (No. 10) Order 1976 (S.I. No. 251 of 1976)

Extradition Act, 1965 (Part II) (No. 9) Order 1975 (S.I. No. 334 of 1976)

Extradition Act, 1965 (Part II) (No. 8) Order 1971 (S.I. No. 229 of 1971)

Extradition Act. 1965 (Part II) (No. 7) Order 1971 (S.I. No. 145 of 1971)

Extradition Act, 1965 (Part II) (No. 6) Order 1970 (S.I. No. 33 of 1970)

Extradition Act, 1965 (Part II) (No. 5) Order 1969 (S.I. No. 151 of 1969)

Extradition Act, 1965 (Part II) (No. 4) Order 1969 (S.I. No. 76 of 1969)

Extradition Act, 1965 (Part II) (No. 3) Order 1967 (S.I. No. 286 of 1967)

Extradition Act, 1965 (Part II) (No. 2) Order 1967 (S.I. No. 52 of 1967)

Extradition Act, 1965 (Part II) (No. 1) Order 1966 (S.I. No. 161 of 1966)

Extradition Act, 1965 (Commencement) Order 1965 (S.I. No. 161 of 1965)

All statutory instruments up to and including Brown Crab (Conservation Of Stocks) Regulations 2019 (S.I. No. 26 of 2019), made 1 February 2019, were considered in the preparation of this revision.


Number 17 of 1965.


EXTRADITION ACT 1965

REVISED

Updated to 1 February 2019


ARRANGEMENT OF SECTIONS

Part I

Preliminary

Section

1.

Short title.

2.

Commencement.

3.

Interpretation.

4.

Laying of orders before Houses of Oireachtas.

5.

Expenses.

6.

Repeals.

7.

Transitory provisions.

7A.

Admission to bail by High Court.

7B.

Evidence by affidavit. (Repealed)

Part II

Extradition Generally

8.

Application of Part II.

9.

Obligation to extradite.

10.

Extraditable offences.

11.

Political offences.

12.

Military offences.

13.

Revenue offences.

14.

Irish citizens.

15.

Proceedings in State for same offence.

16.

Persons convicted in absentia.

17.

Non bis in idem.

18.

Lapse of time.

18A.

Pardon or amnesty.

19.

Capital punishment.

20.

Rule of specialty.

20A.

Waiver of rule of specialty.

21.

Re-extradition to a third country.

22.

Evidence of commission of offence by person claimed.

23.

Request for extradition.

23A.

Facsimile transmission of documents.

24.

Conflicting requests.

25.

Documents to support request.

26.

Warrant of arrest.

27.

Provisional arrest.

28.

Power of adjournment and remand.

29.

Committal or discharge of person whose extradition is requested.

29A.

Consent to surrender.

30.

Removal of committed person to hospital or other place.

31.

Lapse of time before surrender.

32.

Postponement of surrender.

33.

Surrender of prisoner under order of Minister.

33A.

Surrender.

34.

Discharge of prisoner if not conveyed out of State.

35.

General power of Minister to release.

36.

Seizure and handing over of property.

36A.

Identification procedures.

37.

Evidence of documents.

38.

Offences committed abroad by Irish citizens.

39.

Rule of specialty as applied by the State.

40.

Transit.

Part III

Endorsement and Execution of Certain Warrants

41.

Places in relation to which Part III applies. (Repealed)

42.

Definitions. (Repealed)

43.

Endorsement of warrants. (Repealed)

44.

Restrictions on endorsement. (Repealed)

44A.

Power of AG to direct refusal of endorsement of warrant (Repealed)

44B.

Power of AG to revoke a direction (Repealed)

44C.

Proof. (Repealed)

44D.

Section 44A restricted. (Repealed)

45.

Execution of warrants. (Repealed)

46.

Remand of arrested person to High Court. (Repealed)

47.

Proceedings before High Court. (Repealed)

48.

Lapse of time before delivery of arrested person. (Repealed)

49.

Provisional warrants. (Repealed)

50.

Release of persons arrested. (Repealed)

51.

Special provisions for summary offences. (Repealed)

52.

Remand. (Repealed)

53.

Discharge of persons not taken out of State. (Repealed)

54.

Acceptance of documents by Commissioner of Garda Síochána. (Repealed)

55.

Evidence in proceedings. (Repealed)

SCHEDULE

Repeals

Acts Referred to

Criminal Justice Act, 1960

1960, No. 27

Extradition Act, 1870

1870, c. 52


Number 17 of 1965.


EXTRADITION ACT 1965

REVISED

Updated to 1 February 2019


AN ACT TO AMEND THE LAW RELATING TO EXTRADITION. [19 th July, 1965.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS :—

Annotations:

Modifications (not altering text):

C1

Application of collectively cited Extradition Acts restricted (31.10.2006) by International Criminal Court Act 2006 (30/2006), s. 18(6), commenced on enactment.

Conflicting requests.

18.— (1) In this section “surrender proceedings” means proceedings before the High Court for the surrender of a person to another state following receipt of—

(a) a request under the Extradition Acts for his or her extradition to another state, or

(b) a European arrest warrant (within the meaning of the European Arrest Warrant Act 2003) in respect of the person.

(2) Where the Minister receives a request from the International Criminal Court for the arrest and surrender of a person under Article 89 and—

(a) surrender proceedings in respect of the person have been instituted but have not been determined, or

(b) the person is awaiting surrender to another state under the Extradition Acts or the European Arrest Warrant Act 2003, then, pending a decision by the Minister in accordance with Article 90 on whether priority should be given to the request—

(i) the Minister shall notify the High Court of the request, and, on receipt of the notification, the Court may adjourn the proceedings for such period or periods as it thinks fit and remand the person in custody or, subject to section 26 (2), on bail, or

(ii) as the case may be, the person shall not be so surrendered.

(3) If the Minister decides in accordance with Article 90 that priority should be given to the request from the International Criminal Court and—

(a) the surrender proceedings have been so adjourned, the Minister shall cause the High Court to be notified of his or her decision, and, on receipt of the notification, the Court may order that the proceedings be discontinued and that the person concerned be brought before it to be dealt with in accordance with section 25, or

(b) the person is awaiting surrender to another state, the person shall not be so surrendered, and sections 19, 20, 23 and 25 shall have effect in relation to the case.

(4) If, having consulted the International Criminal Court, the Minister decides in accordance with Article 90 that priority should not be given to the Court’s request—

(a) the Minister shall cause the High Court to be notified accordingly, or

(b) if the person is awaiting surrender to another state, subsection (2)(ii) shall cease to have effect in relation to the person concerned.

(5) A discontinuance of surrender proceedings under subsection (3)(a) in respect of an offence is not a bar to instituting fresh such proceedings for it.

(6) This section has effect notwithstanding anything in the Extradition Acts and is without prejudice to section 30(3) of the European Arrest Warrant Act 2003.

C2

Term “extradition provisions” construed (20.03.2002) by Extradition (European Union Conventions) Act 2001 (49/2001), s. 20(2), S.I. No. 85 of 2002, subject to transitional provision in subs. (3).

Proceedings under Principal Act to be heard before High Court.

20.— ...

(2) For the avoidance of doubt, references in the Principal Act to extradition provisions shall include references to the Convention of 1995 and the Convention of 1996.

Editorial Notes:

E1

Previous affecting provision: application of Act restricted (18.12.1973) by Genocide Act 1973 (28/1973), s. 3(2), commenced on enactment; substituted (15.11.1996) by Criminal Justice Act 1994 (15/1994), s. 51(8), S.I. No. 333 of 1996; repealed (31.10.2006) by International Criminal Court Act 2006 (30/2006), s. 7(2), commenced on enactment.