Extradition Act 1965

Political offences.

[Art. 3]

11

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.

F22 [ (2A) The same rule shall apply if there are substantial grounds for believing that if the request for extradition is granted the person claimed may be subjected to torture. ]

F23 [ (3) ( a ) This subsection applies to an offence of which a person is accused or has been convicted outside the State and the act constituting which would, if done within the State, constitute an offence under

(i) section 3 (grave breaches of Scheduled Conventions) of the Geneva Conventions Act 1962, as amended by section 3 of the Geneva Conventions (Amendment) Act 1998, and

(ii) section 7 (genocide, crimes against humanity and war crimes) or 8 (ancillary offences) of the International Criminal Court Act 2006.

( b ) For the purposes of this Part and without prejudice to section 3 (certain offences not to be regarded as political offences) of the Extradition (European Convention on the Suppression of Terrorism) Act 1987, an offence to which this subsection applies shall not be regarded as a political offence or an offence connected with a political offence. ]

Annotations:

Amendments:

F22

Inserted (14.06.2000) by Criminal Justice (United Nations Convention Against Torture) Act 2000 (11/2000), s. 7(b), commenced on enactment.

F23

Inserted (31.10.2006) by International Criminal Court Act 2006 (30/2006), s. 66 and sch. 3 para. 3, commenced on enactment.