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Application of collectively cited Extradition Acts restricted (31.10.2006) by International Criminal Court Act 2006 (30/2006), s. 18(6), commenced on enactment.

Conflicting requests.

18.— (1) In this section “surrender proceedings” means proceedings before the High Court for the surrender of a person to another state following receipt of—

(a) a request under the Extradition Acts for his or her extradition to another state, or

(b) a European arrest warrant (within the meaning of the European Arrest Warrant Act 2003) in respect of the person.

(2) Where the Minister receives a request from the International Criminal Court for the arrest and surrender of a person under Article 89 and—

(a) surrender proceedings in respect of the person have been instituted but have not been determined, or

(b) the person is awaiting surrender to another state under the Extradition Acts or the European Arrest Warrant Act 2003, then, pending a decision by the Minister in accordance with Article 90 on whether priority should be given to the request—

(i) the Minister shall notify the High Court of the request, and, on receipt of the notification, the Court may adjourn the proceedings for such period or periods as it thinks fit and remand the person in custody or, subject to section 26 (2), on bail, or

(ii) as the case may be, the person shall not be so surrendered.

(3) If the Minister decides in accordance with Article 90 that priority should be given to the request from the International Criminal Court and—

(a) the surrender proceedings have been so adjourned, the Minister shall cause the High Court to be notified of his or her decision, and, on receipt of the notification, the Court may order that the proceedings be discontinued and that the person concerned be brought before it to be dealt with in accordance with section 25, or

(b) the person is awaiting surrender to another state, the person shall not be so surrendered, and sections 19, 20, 23 and 25 shall have effect in relation to the case.

(4) If, having consulted the International Criminal Court, the Minister decides in accordance with Article 90 that priority should not be given to the Court’s request—

(a) the Minister shall cause the High Court to be notified accordingly, or

(b) if the person is awaiting surrender to another state, subsection (2)(ii) shall cease to have effect in relation to the person concerned.

(5) A discontinuance of surrender proceedings under subsection (3)(a) in respect of an offence is not a bar to instituting fresh such proceedings for it.

(6) This section has effect notwithstanding anything in the Extradition Acts and is without prejudice to section 30(3) of the European Arrest Warrant Act 2003.

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Term “extradition provisions” construed (20.03.2002) by Extradition (European Union Conventions) Act 2001 (49/2001), s. 20(2), S.I. No. 85 of 2002, subject to transitional provision in subs. (3).

Proceedings under Principal Act to be heard before High Court.

20.— ...

(2) For the avoidance of doubt, references in the Principal Act to extradition provisions shall include references to the Convention of 1995 and the Convention of 1996.