Extradition Act 1965

Committal or discharge of person whose extradition is requested.

29

29. (1) Where a person is before the F64 [ High Court ] under section 26 or 27 and the Court is satisfied that—

( a) the extradition of that person has been duly requested, and

( b) this Part applies in relation to the requesting country, and

( c) extradition of the person claimed is not prohibited by this Part or by the relevant extradition provisions, and

( d) the documents required to support a request for extradition under section 25 have been produced,

the Court shall make an order committing that person to a prison (or, if he is not more than twenty-one years of age, to a remand institution) there to await the order of the Minister for his extradition.

F65 [ (2) For the avoidance of doubt, the Court, if satisfied that no injustice would be caused to the person by making an order under subsection (1), may make that order even if

( a ) there is a defect in, or an omission of, a non-substantial detail in the request for extradition or any document supporting the request,

( b ) there is a variance between any such document and the evidence adduced before the Court, so long as the Court is satisfied that the variance is explained by the evidence, or

( c ) there has been a technical failure to comply with a provision of this Act, so long as the Court is satisfied that the failure does not impinge on the merits of the request for extradition. ]

(3) The Court, on making an order under subsection (1), shall—

( a) inform the person to whom it relates that he will not be surrendered, except with his consent, until after the expiration of fifteen days from the date of his committal and inform him also of the provisions of section 4.2° of Article 40 of the Constitution (which relates to the making of a complaint to the High Court by or on behalf of any person alleging that that person is unlawfully detained), and

( b) cause a certificate of the committal to be sent forthwith to the Minister.

(4) Where the person claimed is not committed under subsection (1) the Court shall order him to be discharged.

F66 [ (5) No appeal shall lie to the Supreme Court from an order of the High Court under this section, except on a point of law. ]

(6) Sections 10 and 11 of the Criminal Justice Act, 1960, shall apply to a person committed to a remand institution under this section.

Annotations:

Amendments:

F64

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

F65

Substituted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 31, commenced on enactment.

F66

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

Editorial Notes:

E76

Previous affecting provision: subs. (2) substituted (22.08.1994) by Extradition (Amendment) Act 1994 (6/1994), s. 9, S.I. No. 220 of 1994; substituted as per F-note above.