European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012
Amendment of sections 15 to 17 of Act of 1965.
27.— The following is substituted for sections 15 to 17 of the Act of 1965:
“Proceedings in State for same offence.
15.— (1) Extradition shall not be granted for an offence which is also an offence under the law of the State if—
(a) the Director of Public Prosecutions or the Attorney General is considering, but has not yet decided, whether to bring proceedings for the offence against the person claimed, or
(b) proceedings for the offence are pending in the State against the person claimed.
(2) Extradition may be refused by the Minister for an offence which is also an offence under the law of the State if the Director of Public Prosecutions or the Attorney General has decided either not to institute or to terminate proceedings against the person claimed in respect of the offence.
Persons convicted in absentia.
16.— Extradition shall not be granted where the person claimed is being requested for the carrying out of a sentence and he or she did not appear in person at the trial resulting in the sentence, unless the requesting country has given an undertaking in writing to the Minister that the person claimed may have his or her conviction set aside and will, upon being surrendered, be given the opportunity of a retrial in respect of that offence.
Non bis in idem.
17.— Extradition shall not be granted if final judgment has been passed in the State or, in accordance with the law of a third country, in that third country, upon the person claimed in respect of the offence for which extradition is requested.”.