Extradition Act 1965

F26 [ Proceedings in State for same offence.

15

15. (1) Extradition shall not be granted for an offence which is also an offence under the law of the State if

( a ) the Director of Public Prosecutions or the Attorney General is considering, but has not yet decided, whether to bring proceedings for the offence against the person claimed, or

( b ) proceedings for the offence are pending in the State against the person claimed.

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

Annotations:

Amendments:

F26

Substituted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 27, commenced on enactment.

Modifications (not altering text):

C6

Application of section restricted by Air Navigation and Transport Act 1975 (9/1975), s. 5 as substituted (22.06.1988) by Air Navigation and Transport Act 1988 (15/1988), s. 51(b), commenced on enactment.

[Application of the Extradition Act, 1965, to persons arrested under this Act.

5. —(1) Any person arrested under section 4 (1) of this Act shall—

(a) if the aircraft concerned is registered in a state to which Part II of the Act of 1965 applies, or if the aerodrome concerned is in a state to which that Part of that Act applies, and (in the case of a citizen of Ireland) the extradition of the person is not prohibited by section 14 of that Act, be deemed to have been arrested pursuant to a warrant issued under section 27 of that Act, and

(b) if the aircraft concerned is registered in a place to which Part III of that Act applies, or if the aerodrome concerned is in a place to which that Part of that Act applies, be deemed to have been arrested pursuant to a warrant issued under section 49 of that Act.

(2) Section 15 of the Act of 1965 shall not apply in relation to the extradition of a person to whom subsection (1) of this section applies. ]

C7

Application of section restricted (20.12.1973) by Air Navigation and Transport Act 1973 (29/1973), s. 12, S.I. No. 343 of 1973.

Application of Act of 1965 to persons arrested or delivered under this Act.

12. —Any person arrested under section 11 of this Act or delivered to a member of the Garda Síochána under section 7 (1) of this Act shall, in addition—

(a) if the aircraft concerned is registered in a state to which Part II of the Act of 1965 applies and (if he is a citizen of Ireland) the extradition of the person is not prohibited by section 14 of that Act, be deemed to have been arrested pursuant to a warrant issued under section 27 of that Act, and

(b) if the aircraft concerned is registered in a place to which Part III of that Act applies, be deemed to have been arrested pursuant to a warrant issued under section 49 of that Act,

and section 15 of the Act of 1965 shall not apply in relation to the extradition of a person to whom this section applies.