Extradition Act 1965
Application of Part II.
8.—F16[(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 F17[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.
F18[(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.]
F19[(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 F17[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.
F18[(8) A notice of the making of each order under this section shall be published in Iris Oifigiúil as soon as may be after it is made.]
F20[(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:
F16
Substituted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 57(3), commenced on enactment.
F17
Substituted (1.01.2004) by European Arrest Warrant Act 2003 (45/2003), s. 49(c), (d), commenced as per s. 1(2).
F18
Substituted (20.03.2002) by Extradition (European Union Conventions) Act 2001 (49/2001), s. 23(b), (c), S.I. No. 85 of 2002.
F19
Inserted (20.03.2002) by Extradition (European Union Conventions) Act 2001 (49/2001), s. 23(b), S.I. No. 85 of 2002.
F20
Inserted (1.01.2004) by European Arrest Warrant Act 2003 (45/2003), s. 49(e), commenced as per s. 1(2).
Editorial Notes:
E13
Power pursuant to section exercised (14.10.2024) by Extradition (United Arab Emirates) Order 2024 (S.I. No. 530 of 2024).
E14
Power pursuant to section exercised (30.03.2022) by Extradition (Australia) Order 2022 (S.I. No. 134 of 2022), in effect as per art. 1(2).
E15
Power pursuant to section exercised (22.07.2019) by Extradition (United Nations Convention Against Illicit Traffic In Narcotic Drugs And Psychotropic Substances) Order 2019 (S.I. No. 396 of 2019), in effect as per art. 1(2).
E16
Power pursuant to section exercised (22.07.2019) by Extradition (Hong Kong) Order 2019 (S.I. No. 395 of 2019), in effect as per art. 1(2).
E17
Power pursuant to section exercised (22.07.2019) by Extradition (Convention For The Suppression Of Unlawful Acts Against The Safety Of Maritime Navigation And Protocol For The Suppression Of Unlawful Acts Against The Safety Of Fixed Platforms Located On The Continental Shelf) Order 2019 (S.I. No. 394 of 2019), in effect as per art. 1(2).
E18
Power pursuant to section exercised (22.07.2019) by Extradition (United States Of America) Order 2019 (S.I. No. 393 of 2019), in effect as per art. 1(2).
E19
Power pursuant to section exercised (22.07.2019) by Extradition (International Convention For The Suppression Of The Financing Of Terrorism) Order 2019 (S.I. No. 391 of 2019), in effect as per art. 1(2).
E20
Power pursuant to section exercised (22.07.2019) by Extradition (International Convention For The Suppression Of Terrorist Bombings) Order 2019 (S.I. No. 390 of 2019), in effect as per art. 1(2).
E21
Power pursuant to section exercised (22.07.2019) by Extradition (Convention On The Prevention And Punishment Of Crimes Against Internationally Protected Persons, Including Diplomatic Agents) Order 2019 (S.I. No. 389 of 2019), in effect as per art. 1(2).
E22
Power pursuant to section exercised (22.07.2019) by Extradition (International Convention Against The Taking Of Hostages) Order 2019 (S.I. No. 388 of 2019), in effect as per art. 1(2).
E23
Power pursuant to section exercised (22.07.2019) by Extradition (Criminal Law Convention On Corruption) Order 2019 (S.I. No. 387 of 2019), in effect as per art. 1(2).
E24
Power pursuant to section exercised (22.07.2019) by Extradition (Convention Against Torture And Other Cruel, Inhuman Or Degrading Treatment Or Punishment) Order 2019 (S.I. No. 386 of 2019), in effect as per art. 1(2).
E25
Power pursuant to section exercised (22.07.2019) by Extradition (Convention On Combating Bribery Of Foreign Public Officials In International Business Transactions) Order 2019 (S.I. No. 384 of 2019), in effect as per art. 1(2).
E26
Power pursuant to section exercised (22.07.2019) by Extradition (Convention On The Safety Of United Nations And Associated Personnel) Order 2019 (S.I. No. 383 of 2019), in effect as per art. 1(2).
E27
Power pursuant to section exercised (22.07.2019) by Extradition (European Convention On The Suppression Of Terrorism) Order 2019 (S.I. No. 382 of 2019), in effect as per art. 1(2).
E28
Power pursuant to section exercised (22.07.2019) by Extradition (Convention On The Physical Protection Of Nuclear Material) Order 2019 (S.I. No. 381 of 2019), in effect as per art. 1(2).
E29
Power pursuant to section exercised (22.07.2019) by Extradition (Convention For The Suppression Of Unlawful Acts Against The Safety Of Civil Aviation And Protocol For The Suppression Of Unlawful Acts Of Violence At Airports Serving International Civil Aviation) Order 2019 (S.I. No. 379 of 2019), in effect as per art. 1(2).
E30
Power pursuant to section exercised (22.07.2019) by Extradition (Convention For The Suppression Of Unlawful Seizure Of Aircraft) Order 2019 (S.I. No. 376 of 2019), in effect as per art. 1(2).
E31
Power pursuant to section exercised (22.07.2019) by Extradition (European Convention On Extradition) Order 2019 (S.I. No. 374 of 2019), in effect as per art. 1(2).
E32
Power pursuant to subs. (6) exercised (22.07.2019) by Extradition Act 1965 (Application Of Part II) (Revocation) Order 2019 (S.I. No. 372 of 2019), in effect as per art. 1(2).
E33
Power pursuant to section exercised (10.07.2019) by Extradition (Second Additional Protocol To The European Convention on Extradition) Order 2019 (S.I. No. 339 of 2019), in effect as per art. 1(2).
E34
Power pursuant to section exercised (21.06.2019) by Extradition (United Nations Convention Against Corruption) Order 2019 (S.I. No. 275 of 2019), in effect as per art. 1(2).
E35
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).
E36
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.
E37
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.
E38
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).
E39
Previous affecting provision: power pursuant to section exercised (22.07.2019) by Extradition (Australia) Order 2019 (S.I. No. 392 of 2019), in effect as per art. 1(2); revoked (30.03.2022) by Extradition (Australia) Order 2022 (S.I. No. 134 of 2022), art. 5, in effect as per art. 1(2).
E40
Previous affecting provision: power pursuant to section exercised (1.02.2010) by Extradition Act 1965 (Application of Part II) (Amendment) Order 2010 (S.I. No. 45 of 2010), in effect as per art. 1(2); revoked (22.07.2019) by Extradition Act 1965 (Application Of Part II) (Revocation) Order 2019 (S.I. No. 372 of 2019), art. 2(i), in effect as per art. 1(2).
E41
Previous affecting provision: power pursuant to section exercised (14.01.2009) by Extradition Act 1965 (Application of Part II) (Amendment) Order 2009 (S.I. No. 9 of 2009), in effect as per art. 1(2); revoked (22.07.2019) by Extradition Act 1965 (Application Of Part II) (Revocation) Order 2019 (S.I. No. 372 of 2019), art. 2(h), in effect as per art. 1(2).
E42
Previous affecting provision: power pursuant to section exercised (15.07.2005) by Extradition Act 1965 (Application of Part II) (Amendment) Order 2005 (S.I. No. 374 of 2005), in effect as per art. 1(2); revoked (22.07.2019) by Extradition Act 1965 (Application Of Part II) (Revocation) Order 2019 (S.I. No. 372 of 2019), art. 2(g), in effect as per art. 1(2).
E43
Previous affecting provision: 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); revoked (22.07.2019) by Extradition Act 1965 (Application Of Part II) (Revocation) Order 2019 (S.I. No. 372 of 2019), art. 2(f), in effect as per art. 1(2).
E44
Previous affecting provision: 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); revoked (22.07.2019) by Extradition Act 1965 (Application Of Part II) (Revocation) Order 2019 (S.I. No. 372 of 2019), art. 2(e), in effect as per art. 1(2).
E45
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.
E46
Previous affecting provision: 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); revoked (22.07.2019) by Extradition Act 1965 (Application Of Part II) (Revocation) Order 2019 (S.I. No. 372 of 2019), art. 2(d), in effect as per art. 1(2).
E47
Previous affecting provision: 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); revoked (22.07.2019) by Extradition Act 1965 (Application Of Part II) (Revocation) Order 2019 (S.I. No. 372 of 2019), art. 2(c), in effect as per art. 1(2).
E48
Previous affecting provision: 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); revoked (22.07.2019) by Extradition Act 1965 (Application Of Part II) (Revocation) Order 2019 (S.I. No. 372 of 2019), art. 2(b), in effect as per art. 1(2).
E49
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.
E50
Previous affecting provision: 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); revoked (22.07.2019) by Extradition Act 1965 (Application Of Part II) (Revocation) Order 2019 (S.I. No. 372 of 2019), art. 2(a), in effect as per art. 1(2).
E51
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).
E52
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).
E53
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).
E54
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).
E55
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).
E56
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).
E57
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).
E58
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).
E59
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).
E60
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).
E61
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).
E62
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).
E63
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).
E64
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).
E65
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).
E66
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).
E67
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).
E68
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).
E69
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).
E70
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).
E71
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).
E72
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).
E73
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).
E74
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).