Extradition Act 1965

Warrant of arrest.

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26. F39 [ (1) ( a ) If the Minister receives a request made in accordance with this Part for the extradition of any person, he shall, subject to the provisions of this section, certify that the request has been made.

( b ) On production to a F40 [ judge of the High Court ] of a certificate of the Minister under paragraph ( a ) stating that a request referred to in that paragraph has been made, the judge shall issue a warrant for the arrest of the person concerned unless a warrant for his arrest has been issued under section 27. ]

F41 [ (2) A warrant issued under this section may be executed by any member of the Garda S í och á na in any part of the State and may be so executed notwithstanding that it is not in the possession of the member at the time; and the warrant shall be shown to, and a copy of same given to, the person arrested at the time of such arrest or, if the warrant is not then in the possession of the member, within 24 hours thereafter. ]

(3) If the Minister is of opinion that the information communicated to him in pursuance of section 25 is insufficient, he may request the requesting country to furnish such further information as he thinks proper and may fix a time-limit for the receipt thereof.

(4) The Minister may refuse extradition if he is of opinion that the case is one in which extradition is prohibited under any provision of this Part or under the relevant extradition, provisions.

F42 [ (5) A person arrested under a warrant issued under this section shall be brought as soon as may be before a F40 [ judge of the High Court ] . ]

F43 [ (6) Where a person has been arrested under a warrant issued under this section, then, in any proceedings it shall be presumed, unless the contrary is proved, that a request for the extradition of the person has been duly made and has been duly received by the Minister. ]

Annotations:

Amendments:

F39

Substituted (22.08.1994) by Extradition (Amendment) Act 1994 (6/1994), s. 7(a), S.I. No. 220 of 1994.

F40

Substituted (20.03.2002) by Extradition (European Union Conventions) Act 2001 (49/2001), s. 20(1))(b), S.I. No. 85 of 2002.

F41

Substituted (22.08.1994) by Extradition (Amendment) Act 1994 (6/1994), s. 6(a), S.I. No. 220 of 1994.

F42

Substituted (22.08.1994) by Extradition (Amendment) Act 1994 (6/1994), s. 7(b), S.I. No. 220 of 1994.

F43

Inserted (22.08.1994) by Extradition (Amendment) Act 1994 (6/1994), s. 7(b), S.I. No. 220 of 1994.