Extradition Act 1965

Offences committed abroad by Irish citizens.

[cf. Art. 6.2]

38

38. (1) Where any citizen of Ireland does any act outside the State which constitutes an offence for which he would be liable to extradition but for the fact that he is a citizen of Ireland he shall be guilty of the like offence and be liable on conviction to the like punishment as if the act were done within the State.

(2) No proceedings for an offence under subsection (1) shall be taken except by direction of the Attorney General, given following a request to that effect made in the manner provided for in section 23 by the country within whose territory the act is alleged to have been committed.

(3) This section shall apply only to acts committed after the commencement of this Act.

(4) For the purpose of the exercise of jurisdiction, in relation to an offence to which subsection (1) applies, by any court of competent jurisdiction the act constituting the offence shall be deemed to have been committed within the area of the Dublin Metropolitan District.

Annotations:

Modifications (not altering text):

C11

Application of section restricted (1.08.2002) by Criminal Justice (Theft and Fraud Offences) Act 2001 (50/2001), s. 46(4), S.I. No. 252 of 2002.

Restriction on certain proceedings.

46. ...

(4) Proceedings shall not be taken under section 38 of the Extradition Act, 1965, in respect of an act that is an offence under both that section and section 45 of this Act.

C12

Application of section restricted (28.06.2000) by Criminal Justice (Safety of United Nations Workers) Act 2000 (16/2000), s. 5(2), commenced on enactment.

Proceedings under Act.

5. ...

(2) No proceedings shall be taken under section 38 of the Act of 1965 in respect of an act that constitutes an offence by virtue of that section and also an offence under this Act.

...

C13

Application of section restricted (14.06.2000) by Criminal Justice (United Nations Convention Against Torture) Act 2000 (11/2000), s. 5(3), commenced on enactment.

Proceedings under Act.

5. ...

(3) No proceedings shall be taken under section 38 of the Act of 1965 in respect of an act that constitutes an offence under—

(a) that section, and

(b) this Act.

...

C14

Application of section restricted (11.05.1991) by Radiological Protection Act 1991 (9/1991), s. 39(4), commenced on enactment.

Proceedings by virtue of section 38 of this Act.

39.—(1) Proceedings for an offence under section 38 of this Act which is an offence by virtue of subsection (2) or (3) of the said section may be taken in any place in the State and the offence may for all incidental purposes be treated as having been committed in that place.

...

(4) No proceedings shall be taken under section 38 of the Extradition Act, 1965, in respect of an act that constitutes an offence by virtue of that section and also an offence referred to in subsection (1) of this section.

C15

Application of section restricted (1.12.1987) by Extradition (European Convention on the Suppression of Terrorism) Act 1987 (1/1987), s. 6(5), commenced as per s. 13.

Proceedings by virtue of section 5.

6.—(1) Proceedings for an offence which is an offence by virtue of section 5 may be taken in any place in the State and the offence may for all incidental purposes be treated as having been committed in that place.

...

(5) No proceedings shall be taken— ...

(b) under section 38 of the Act of 1965 in respect of an act that constitutes an offence by virtue of that section and also an offence referred to in subsection (1).

Editorial Notes:

E55

Previous affecting provision: reference to the Attorney General construed in certain circumstances relating to ss. 44A and 44B (14.12.1987) by Extradition (Amendment) Act 1987 (25/1987), s. 5(4), commenced on enactment; ss. 44A, 44B repealed (1.01.2004) by European Arrest Warrant Act 2003 (45/2003), s. 50(1), commenced as per s. 1(2), subject to transitional provision in subs. (2).