Extradition Act 1965

Re-extradition to a third country.

[Art. 15]

21

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—

F34 [ ( a ) with the consent of the requested country signified under the seal of a minister of state, ministry or department of state of that country or such other person as performs in that country functions the same as or similar to those performed by the Minister under this Act, as may be appropriate, 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.

Annotations:

Amendments:

F34

Substituted (20.03.2002) by Extradition (European Union Conventions) Act 2001 (49/2001), s. 25(a), S.I. No. 85 of 2002.

Modifications (not altering text):

C9

Section applied with modifications (22.08.1994) by Extradition (Rule of Specialty and Re-Extradition For Purposes of Part III of Extradition Act, 1965) Order 1994 (S.I. No. 221 of 1994), arts. 4, 5, 7, 8, in effect as per art. 1(2).

4. Subsections (1) and (2) of section 21 (which subject the power to grant the extradition of a person to a country under Part II to certain restrictions as to the re-extradition of the person concerned by that country to a third country) shall apply in relation to the delivery of a person under Part III into the custody of a member of a police force of a place in relation to which Part III applies, with the following adaptations and modifications:

( a ) in subsection (1)—

(i) “An order shall not be made under section 47 (1) if it is shown that provision is not made by the law in force in the place in relation to which Part III applies in which the relevant warrant was issued that there will not be surrendered from that place to any country outside the places in relation to which Part III applies, other than the State, a person delivered up to the said place” shall be substituted for “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”,

(ii) “that country” shall be substituted for “the other country” and “delivery to the said place” shall be substituted for “surrender to the requesting country”, and

(iii) in paragraph (b)—

(I) “to go to the territory of any country outside the places in relation to which Part III applies” shall be substituted for “to leave the territory of that country”,

(II) "the offence for which he was delivered up” shall be substituted for “the offence for which he was extradited”, and

(III) “has, after going to any such territory, gone, or gone back, to any of those places” shall be substituted for “has returned to the territory of that country after leaving it”,

and

( b ) in subsection (2), “such documents as the Minister thinks necessary in order to enable the Minister to decide whether to comply with or refuse the request” shall be substituted for “the documents mentioned in section 25”,

and the said subsections (1) and (2), as adapted and modified by this Article, are set out in the Table to this Article.

TABLE.

(1) An order shall not be made under section 47 (1) if it is shown that provision is not made by the law in force in the place in relation to which Part III applies in which the relevant warrant was issued that there will not be surrendered from that place to any country outside the places in relation to which Part III applies, other than the State, a person delivered up to the said place and sought by that country for an offence committed before his delivery to the said place, except in the following cases—

( a ) with the consent of the Minister, or

( b ) where that person, having had an opportunity to go to the territory of any country outside the places in relation to which Part III applies, has not done so within forty-five days of his final discharge in respect of the offence for which he was delivered up or has, after going to any such territory, gone, or gone back, to any of those places.

(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 such documents as the Minister thinks necessary in order to enable the Minister to decide whether to comply with or refuse the request.

5. Subsection (3) of section 21 (which, in the case of a person extradited to the State under Part II, prohibits, subject to certain exceptions, his re-extradition to a third country for an offence committed prior to his surrender) shall apply in relation to a person who has been delivered up to the State under a law corresponding to Part III, with the following adaptations and modifications:

( a ) “has been delivered up” shall be substituted for “has been surrendered” and “delivery” shall be substituted for “surrender”,

( b ) “under a law corresponding to Part III” shall be substituted for “by a requested country” where it first occurs,

( c ) in paragraph (a)—

(i) “the Secretary of State in the Government of the United Kingdom of Great Britain and Northern Ireland” shall be substituted for “the requested country”,

(ii) “by a certificate purporting to be given by him or on his behalf” shall be substituted for “under the seal of a minister of state of that country”, and

(iii) “which certificate” shall be substituted for “which seal”, and

( d ) in paragraph (b), “delivered up” shall be substituted for “surrendered”, and the said subsection (3), as adapted and modified by this Article, is set out in the Table to this Article.

TABLE

(3) A person who has been delivered up to the State under a law corresponding to Part III shall not be surrendered to a third country for an offence committed before his delivery, except in the following cases—

(a) with the consent of the Secretary of State in the Government of the United Kingdom of Great Britain and Northern Ireland signified by a certificate purporting to be given by him or on his behalf, which certificate 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 delivered up to the State or has returned to the State after leaving it.

...

7. (1) For the purposes of the application of subsection (1) of section 20 or subsection (1) of section 21 to a person referred to in that subsection, the law in force in a place in relation to which Part III applies shall not be regarded as making the provision specified in that subsection if it is shown that it does not provide that such a person delivered up to that place shall not, while he is on bail, be regarded as having had an opportunity to go to the territory of any country outside the places in relation to which Part III applies or as having, after going to any such territory, gone, or gone back, to any of those places.

(2) For the purposes of the application of subsection (3) of section 21 or subsection (2) of section 39 to a person referred to in that subsection, a person shall not, while he is on bail, be regarded as having had an opportunity to leave the State or as having returned to the State after leaving it.

(3) References in paragraphs (1) and (2) of this Article to sections 20, 21 and 39 are references to those sections as modified and adapted by this Order.

8. This Order applies in cases where the warrant concerned is endorsed on or after the commencement of this Order for execution in the State under section 43 or in a place in relation to which Part III applies under corresponding arrangements in force in that place.