Extradition Act 1965

Extraditable offences.

[Art. 2]

10

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.

F19 [ (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. ]

(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.

F19 [ (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. ]

F20 [ (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. ]

F21 [ (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. ]

Annotations:

Amendments:

F19

Inserted (20.03.2002) by Extradition (European Union Conventions) Act 2001 (49/2001), s. 11(a), (b), S.I. No. 85 of 2002.

F20

Substituted (20.03.2002) by Extradition (European Union Conventions) Act 2001 (49/2001), s. 11(c), S.I. No. 85 of 2002.

F21

Inserted (20.03.2002) by Extradition (European Union Conventions) Act 2001 (49/2001), s. 11(d), S.I. No. 475 of 2018.