Extradition Act 1965

Surrender of prisoner under order of Minister.

[Art. 21.6]

33

33. (1) Subject to sections 31 and 32, the Minister may, if the person committed is not discharged by the decision of the High Court in habeas corpus proceedings, by order direct the person to be surrendered to such other person as in his opinion is duly authorised by the requesting country to receive him and he shall be surrendered accordingly.

(2) Any person to whom an order under subsection (1) directs a person to be surrendered may receive, hold in custody, and convey out of the State the person so surrendered and if the person so surrendered escapes from any custody to which he has been delivered in pursuance of the said order he shall be liable to be retaken in the same manner as any person who escapes from lawful custody.

(3) The Minister shall not make an order under subsection (1) if he is of the opinion that the extradition of the person whose surrender is requested would involve transit through any territory where there is reason to believe that his life or his freedom may be threatened by reason of his race, religion, nationality or political opinion F66 [ or that he may be subjected to torture ].

Annotations:

Amendments:

F66

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