Extradition Act 1965

PART II

Extradition Generally

Annotations:

Amendments:

F14

Substituted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 57(3), commenced on enactment.

F15

Substituted (1.01.2004) by European Arrest Warrant Act 2003 (45/2003), s. 49(c), (d), commenced as per s. 1(2).

F16

Substituted (20.03.2002) by Extradition (European Union Conventions) Act 2001 (49/2001), s. 23(b), (c), S.I. No. 85 of 2002.

F17

Inserted (20.03.2002) by Extradition (European Union Conventions) Act 2001 (49/2001), s. 23(b), S.I. No. 85 of 2002.

F18

Inserted (1.01.2004) by European Arrest Warrant Act 2003 (45/2003), s. 49(e), commenced as per s. 1(2).

Modifications (not altering text):

C3

Certain offences not to be regarded as political offences for purposes of Part as provided (1.12.1987) by Extradition (European Convention on the Suppression of Terrorism) Act 1987 (1/1987), ss. 3, 4, commenced as per s. 13.

Certain offences not to be regarded as political offences

3.—(1) For the purposes mentioned in subsection (2)—

(a) no offence to which this section applies and of which a person is accused or has been convicted outside the State shall be regarded as a political offence or as an offence connected with a political offence, and

(b) [... ]

(2) The purposes referred to in subsection (1) are—

(a) the purposes of Part II of the Act of 1965 in relation to any request for the surrender of a person made after the commencement of this Act by any convention country in relation to which that Part applies;

[(aa) the purposes of Part II of the Act of 1965 in relation to any request for the surrender of a person made after the passing of the Extradition (European Union Conventions) Act, 2001, by any country that—

(i) has adopted the Convention of 1996, and

(ii) is a country to which the said Part II applies. ]

(b) the purposes of Part III of the Act of 1965 in relation to any warrant for the arrest of a person issued after the commencement of this Act in a place in relation to which that Part applies;

(c) [ ... ]

(3) (a) This section applies to—

(i) an offence within the scope of the Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague on the 16th day of December, 1970,

(ii) an offence within the scope of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on the 23rd day of September, 1971,

[(iia) an offence within the scope of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, done at Geneva on the 12th day of August, 1949,

(iib) an offence within the scope of the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, done at Geneva on the 12th day of August, 1949,

(iic) an offence within the scope of the Geneva Convention Relative to the Treatment of Prisoners of War done at Geneva on the 12th day of August, 1949,

(iid) an offence within the scope of the Geneva Convention Relative to the Protection of Civilian Persons in time of War done at Geneva on the 12th day of August, 1949, ]

(iii) a serious offence involving an attack against the life, physical integrity or liberty of an internationally protected person,

(iv) an offence involving kidnapping, the taking of a hostage or serious false imprisonment,

(v) an offence involving the use of an explosive or an automatic firearm, if such use endangers persons, [... ]

[(vi) any serious offence (other than an offence to which subparagraphs (i) to (v) apply)—

(I) involving an act of violence against the life, physical integrity or liberty of a person, or

(II) involving an act against property if the act created a collective danger for persons, and

(vii) any offence of attempting or conspiring to commit any of the foregoing offences. ]

(b) References in this subsection to an offence include references to participation as an accomplice of a person who commits the offence.

[(3A) Without prejudice to subsection (3), this section applies to any offence which, if the act constituting the offence took place in the State, would be an offence specified in the First Schedule to the Extradition (Amendment) Act, 1994. ]

...

Certain other offences not to be regarded as political offences in certain circumstances.

4. [... ]

Application of Part II.

8

8. F14 [ (1) Where by any international agreement or convention to which the State is a party an arrangement (in this Act referred to as an extradition agreement) is made with another country for the surrender by each country to the other of persons wanted for prosecution or punishment or where the Minister is satisfied that reciprocal facilities to that effect will be afforded by another country, the Minister for Foreign Affairs may, after consultation with the Minister, by order apply this Part

( a ) in relation to that country, or

( b ) in relation to a place or territory for whose external relations that country is (in whole or in part) responsible.

(1A) Where at any time after the making of an order under subsection (1) , a country becomes a party to an extradition agreement to which that order applies, the Minister for Foreign Affairs may, after consultation with the Minister, by order so declare, and this Part shall, upon the making of the second-mentioned order, apply

( a ) to that country, or

( b ) if that country became a party to the extradition agreement concerned for the purpose only of its applying in relation to a place or territory for whose external relations that country is (in whole or in part) responsible, to that place or territory. ]

(2) Where the Government have made an arrangement amending an extradition agreement the F15 [ Minister for Foreign Affairs may, after consultation with the Minister ] by order so declare and the extradition agreement shall thereupon have effect as so amended.

F16 [ (3) An order relating to an extradition agreement (other than an order under subsection (1A) (inserted by section 23 (a) of the Extradition (European Union Conventions) Act, 2001)) shall recite or embody the terms of the agreement and shall be evidence of the making of the agreement and of its terms. ]

F17 [ (3A) An order under subsection (1A) shall in relation to the extradition agreement concerned recite or embody the terms of any reservation or declaration entered to that agreement by a country to which the order applies, and shall be evidence of the reservation or declaration (if any) and of its terms.

(3B) An order under subsection (2) shall recite or embody the terms of the amendment and shall be evidence of the making of the arrangement amending the extradition agreement concerned and of the terms of the amendment. ]

(4) An order applying this Part in relation to any country otherwise than in pursuance of an extradition agreement may be made subject to such conditions, exceptions and qualifications as may be specified in the order.

(5) Every extradition agreement and every order applying this Part otherwise than in pursuance of an extradition agreement shall, subject to the provisions of this Part, have the force of law in accordance with its terms.

(6) The F15 [ Minister for Foreign Affairs may, after consultation with the Minister, ] by order revoke or amend an order under this section.

(7) On the revocation of an order applying this Part in relation to any country, this Part shall cease to apply in relation to that country.

F16 [ (8) A notice of the making of each order under this section shall be published in Iris Oifigi ú il as soon as may be after it is made. ]

F18 [ (9) An order under this section in force immediately before the commencement of the European Arrest Warrant Act 2003 shall continue in force after such commencement as if made under this section (as amended by section 49 of that Act), and may be amended or revoked accordingly. ]

Annotations:

Amendments:

F14

Substituted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 57(3), commenced on enactment.

F15

Substituted (1.01.2004) by European Arrest Warrant Act 2003 (45/2003), s. 49(c), (d), commenced as per s. 1(2).

F16

Substituted (20.03.2002) by Extradition (European Union Conventions) Act 2001 (49/2001), s. 23(b), (c), S.I. No. 85 of 2002.

F17

Inserted (20.03.2002) by Extradition (European Union Conventions) Act 2001 (49/2001), s. 23(b), S.I. No. 85 of 2002.

F18

Inserted (1.01.2004) by European Arrest Warrant Act 2003 (45/2003), s. 49(e), commenced as per s. 1(2).

Editorial Notes:

E11

Power pursuant to section exercised (17.08.2018) by Extradition (Protocol to The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict) Order 2018 (S.I. No. 301 of 2018), in effect as per art. 1(2).

E12

Power pursuant to subs. (1) exercised (1.11.2013) by Extradition Act 1965 (Application of Part II) Order 2013 (S.I. No. 416 of 2013), in effect as per art. 2.

E13

Power pursuant to subs. (1) exercised (3.02.2011) by Extradition Act 1965 (Application of Part II) Order 2011 (S.I. No. 59 of 2011), in effect as per art. 2.

E14

Power pursuant to section exercised (24.11.2004) by Extradition Act 1965 (Application of Part II) (Amendment) (No. 2) Order 2004 (S.I. No. 725 of 2004), in effect as per art. 1(2).

E15

Power pursuant to section exercised (29.09.2004) by Extradition Act 1965 (Application of Part II) Order 2000 (S.I. No. 587 of 2004), in effect as per art. 1(2).

E16

Power pursuant to section exercised (19.11.2003) by Extradition Act 1965 (Application of Part II) (Amendment) Order 2003 (S.I. No. 649 of 2003), in effect as per art. 1(2).

E17

Power pursuant to section exercised (8.10.2003) by Extradition Act 1965 (Application of Part II) (Amendment) Order 2003 (S.I. No. 479 of 2003), in effect as per art. 1(2).

E18

Power pursuant to section exercised (18.04.2002) by Extradition Act 1965 (Application of Part II) (Amendment) Order 2002 (S.I. No. 173 of 2002), in effect as per art. 1(2).

E19

Power pursuant to section exercised (20.12.2000) by Extradition Act 1965 (Application of Part II) Order 2000 (S.I. No. 474 of 2000), in effect as per art. 1(2).

E20

Power pursuant to section exercised (15.12.1984) by Extradition Act 1965 (Part II) (No. 20) Order 1984 (S.I. No. 300 of 1984), in effect as per art. 1(3).

E21

Previous affecting provision: subss. (1), (1A) amended (1.01.2004) by European Arrest Warrant Act 2003 (45/2003), s. 49(a), (b), commenced as per s. 1(2); subsections substituted as per F-note above.

E22

Previous affecting provision: subs. (1A) inserted (20.03.2002) by Extradition (European Union Conventions) Act 2001 (49/2001), s. 23(a), S.I. No. 85 of 2002; subsection substituted as per E-note above.

E23

Previous affecting provision: power pursuant to subs. (1) exercised (29.03.1989) by Extradition Act 1965 (Part II) (No. 24) Order 1989 (S.I. No. 48 of 1989), in effect as per art. 1(3); revoked (20.12.2000) by Extradition Act 1965 (Application of Part II) Order 2000 (S.I. No. 474 of 2000), art. 7(d), in effect as per art. 1(2).

E24

Previous affecting provision: power pursuant to section exercised (13.01.1989) by Extradition Act 1965 (Part II) (No. 25) Order 1989 (S.I. No. 10 of 1989), in effect as per art. 1(2); revoked (20.12.2000) by Extradition Act 1965 (Application of Part II) Order 2000 (S.I. No. 474 of 2000), art. 7(c), in effect as per art. 1(2).

E25

Previous affecting provision: power pursuant to section exercised (13.01.1989) by Extradition Act 1965 (Part II) (No. 23) Order 1989 (S.I. No. 9 of 1989), in effect as per art. 1(2); revoked (20.12.2000) by Extradition Act 1965 (Application of Part II) Order 2000 (S.I. No. 474 of 2000), art. 7(b), in effect as per art. 1(2).

E26

Previous affecting provision: power pursuant to section exercised (12.02.1987) by Extradition Act 1965 (Part II) (No. 22) Order 1987 (S.I. No. 33 of 1987), in effect as per art. 1(3); revoked (20.12.2000) by Extradition Act 1965 (Application of Part II) Order 2000 (S.I. No. 474 of 2000), art. 7(a), in effect as per art. 1(2).

E27

Previous affecting provision: power pursuant to section exercised (22.05.1986) by Extradition Act 1965 (Part II) (No. 21) Order 1986 (S.I. No. 220 of 1986), in effect as per art. 1(3); revoked (13.01.1989) by Extradition Act 1965 (Part II) (No. 23) Order 1989 (S.I. No. 9 of 1989), art. 3(k), in effect as per art. 1(2).

E28

Power pursuant to subs. (1) exercised (26.10.1984) by Extradition Act, 1965 (Part II) (No. 19) Order 1984 (S.I. No. 271 of 1984), in effect as per art. 1(3); revoked (29.03.1989) by Extradition Act 1965 (Part II) (No. 24) Order 1989 (S.I. No. 48 of 1989), art. 4, in effect as per art. 1(3).

E29

Previous affecting provision: power pursuant to section exercised (18.09.1984) by Extradition Act 1965 (Part II) (No. 18) Order 1984 (S.I. No. 238 of 1984), in effect as per art. 1(3); revoked (13.01.1989) by Extradition Act 1965 (Part II) (No. 23) Order 1989 (S.I. No. 9 of 1989), art. 3(j), in effect as per art. 1(2).

E30

Previous affecting provision: power pursuant to section exercised (21.01.1983) by Extradition Act 1965 (Part II) (No. 17) Order 1983 (S.I. No. 10 of 1983), in effect as per art. 1(3); revoked (13.01.1989) by Extradition Act 1965 (Part II) (No. 23) Order 1989 (S.I. No. 9 of 1989), art. 3(i), in effect as per art. 1(2).

E31

Previous affecting provision: power pursuant to subs. (1) exercised (1.12.1982) by Extradition Act, 1965 (Part II) (No. 16) Order 1982 (S.I. No. 349 of 1982), in effect as per art. 1(3); revoked (13.01.1989) by Extradition Act 1965 (Part II) (No. 25) Order 1989 (S.I. No. 10 of 1989), art. 3(f), in effect as per art. 1(2).

E32

Previous affecting provision: power pursuant to subs. (1) exercised (5.03.1982) by Extradition Act, 1965 (Part II) (No. 15) Order 1982 (S.I. No. 47 of 1982); revoked (13.01.1989) by Extradition Act 1965 (Part II) (No. 25) Order 1989 (S.I. No. 10 of 1989), art. 3(e), in effect as per art. 1(2).

E33

Previous affecting provision: power pursuant to subs. (1) exercised (28.03.1977) by Extradition Act, 1965 (Part II) (No. 14) Order 1977 (S.I. No. 102 of 1977), in effect as per art. 1(3); revoked (13.01.1989) by Extradition Act 1965 (Part II) (No. 25) Order 1989 (S.I. No. 10 of 1989), art. 3(d), in effect as per art. 1(2).

E34

Previous affecting provision: power pursuant to subs. (1) exercised (18.02.1977) by Extradition Act, 1965 (Part II) (No. 13) Order 1977 (S.I. No. 62 of 1977), in effect as per art. 1(3); revoked (13.01.1989) by Extradition Act 1965 (Part II) (No. 23) Order 1989 (S.I. No. 9 of 1989), art. 3(h), in effect as per art. 1(2).

E35

Previous affecting provision: power pursuant to subs. (1) exercised (1.01.1977) by Extradition Act, 1965 (Part II) (No. 12) Order 1976 (S.I. No. 323 of 1976), in effect as per art. 1(3); revoked (13.01.1989) by Extradition Act 1965 (Part II) (No. 23) Order 1989 (S.I. No. 9 of 1989), art. 3(g), in effect as per art. 1(2).

E36

Previous affecting provision: power pursuant to subs. (1) exercised (17.12.1976) by Extradition Act, 1965 (Part II) (No. 11) Order 1976 (S.I. No. 322 of 1976); revoked (13.01.1989) by Extradition Act 1965 (Part II) (No. 25) Order 1989 (S.I. No. 10 of 1989), art. 3(c), in effect as per art. 1(2).

E37

Previous affecting provision: power pursuant to subs. (1) exercised (11.11.1976) by Extradition Act, 1965 (Part II) (No. 10) Order 1976 (S.I. No. 251 of 1976), in effect as per art. 1(3); revoked (13.01.1989) by Extradition Act 1965 (Part II) (No. 25) Order 1989 (S.I. No. 10 of 1989), art. 3(b), in effect as per art. 1(2).

E38

Previous affecting provision: power pursuant to subs. (1) exercised (24.12.1975) by Extradition Act, 1965 (Part II) (No. 9) Order 1975 (S.I. No. 334 of 1975), in effect as per art. 1(3); revoked (13.01.1989) by Extradition Act 1965 (Part II) (No. 25) Order 1989 (S.I. No. 10 of 1989), art. 3(a), in effect as per art. 1(2).

E39

Previous affecting provision: power pursuant to subs. (1) exercised (1.01.1977) by Extradition Act, 1965 (Part II) (No. 8) Order 1971 (S.I. No. 229 of 1971), in effect as per art. 1(3); revoked (13.01.1989) by Extradition Act 1965 (Part II) (No. 23) Order 1989 (S.I. No. 9 of 1989), art. 3(f), in effect as per art. 1(2).

E40

Previous affecting provision: power pursuant to subs. (1) exercised (22.04.1971) by Extradition Act. 1965 (Part II) (No. 7) Order 1971 (S.I. No. 145 of 1971), in effect as per art. 1(3); revoked (13.01.1989) by Extradition Act 1965 (Part II) (No. 23) Order 1989 (S.I. No. 9 of 1989), art. 3(e), in effect as per art. 1(2).

E41

Previous affecting provision: power pursuant to subs. (1) exercised (24.02.1970) by Extradition Act, 1965 (Part II) (No. 6) Order 1970 (S.I. No. 33 of 1970); revoked (13.01.1989) by Extradition Act 1965 (Part II) (No. 23) Order 1989 (S.I. No. 9 of 1989), art. 3(d), in effect as per art. 1(2).

E42

Previous affecting provision: power pursuant to subs. (1) exercised (19.08.1969) by Extradition Act, 1965 (Part II) (No. 5) Order 1969 (S.I. No. 151 of 1969), in effect as per art. 1(3); revoked (13.01.1989) by Extradition Act 1965 (Part II) (No. 23) Order 1989 (S.I. No. 9 of 1989), art. 3(c), in effect as per art. 1(2).

E43

Previous affecting provision: power pursuant to subs. (1) exercised (15.05.1969) by Extradition Act, 1965 (Part II) (No. 4) Order 1969 (S.I. No. 76 of 1969), in effect as per art. 1(3); revoked (13.01.1989) by Extradition Act 1965 (Part II) (No. 23) Order 1989 (S.I. No. 9 of 1989), art. 3(b), in effect as per art. 1(2).

E44

Previous affecting provision: power pursuant to subs. (1) exercised (26.12.1967) by Extradition Act, 1965 (Part II) (No. 3) Order 1967 (S.I. No. 286 of 1967), in effect as per art. 1(2); revoked (13.01.1989) by Extradition Act 1965 (Part II) (No. 23) Order 1989 (S.I. No. 9 of 1989), art. 3(a), in effect as per art. 1(2).

E45

Previous affecting provision: power pursuant to subs. (1) exercised (20.03.1967) by Extradition Act, 1965 (Part II) (No. 2) Order 1967 (S.I. No. 52 of 1967), in effect as per art. 1(3); revoked (26.12.1967) by Extradition Act, 1965 (Part II) (No. 3) Order 1967 (S.I. No. 286 of 1967), art. 3, in effect as per art. 1(2).

E46

Previous affecting provision: power pursuant to subs. (1) exercised (31.07.1966) by Extradition Act, 1965 (Part II) (No. 1) Order 1966 (S.I. No. 161 of 1966), in effect as per art. 1(3); revoked (26.12.1967) by Extradition Act, 1965 (Part II) (No. 3) Order 1967 (S.I. No. 286 of 1967), art. 3, in effect as per art. 1(2).