Extradition Act 1965

Authentication.

37

F69 [ 37. (1) In proceedings to which this Part applies, F70 [ a document supporting a request for extradition, and any evidence in writing received, from a requesting country ] (other than a Convention country) shall be received in evidence without further proof if it purports

( a ) to be F71 [ sealed or ] signed by a judge, magistrate or officer of the requesting country, and

( b ) to be certified by being sealed with the seal of a minister of state, ministry, department of state 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, and judicial notice shall be taken of such seal.

(2) In proceedings to which this Part applies, a document purporting to be a copy of a document supporting a request for extradition from a Convention country shall, subject to subsection (3), be received in evidence without further proof.

(3) In proceedings to which this Part applies, a document that purports to be certified by

( a ) the judicial authority in a Convention country that issued the original, or

( b ) an officer of the Central Authority of such a country duly authorised to so do,

to be a true copy of a conviction and sentence or detention order immediately enforceable or, as the case may be, the warrant of arrest or other order having the same effect and issued in accordance with the procedure laid down in the law of that country, shall be received in evidence without further proof, and where the seal of the judicial authority or Central Authority concerned has been affixed to the document, judicial notice shall be taken of that seal. ]

Annotations:

Amendments:

F69

Substituted (20.03.2002) by Extradition (European Union Conventions) Act 2001 (49/2001), s. 17(b), S.I. No. 85 of 2002.

F70

Substituted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 33(a), commenced on enactment.

F71

Inserted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 33(b), commenced on enactment.