Extradition Act, 1965 (Part II) (No. 20) Order, 1984.

• Jurisdiction: Ireland
• Citation: IR SI 300/1984

S.I. No. 300 of 1984.

EXTRADITION ACT, 1965 (PART II) (No. 20) ORDER, 1984.

WHEREAS by the Treaty on Extradition between Ireland and the United States of America (the terms of which are set out in Part I of the Schedule hereto) signed in Washington on the 13th day of July, 1983, (hereinafter referred to as "the Washington Treaty") an arrangement was made with the United States of America for the surrender of persons wanted for prosecution or punishment for an offence specified in Article II of the Washington Convention;

AND WHEREAS the Washington Treaty was ratified on behalf of Ireland on the 15th day of November, 1984;

AND WHEREAS by the Convention for the Suppression of Unlawful Seizure of Aircraft (the terms of which are set out in Part II of the said Schedule) done at the Hague on the 16th day of December, 1970 (hereinafter referred to as "the Hague Convention"), an arrangement was made with the other countries who are parties to the Hague Convention for the surrender of persons wanted for prosecution or punishment for the offence specified in Article I of the Hague Convention;

AND WHEREAS the Hague Convention was acceded to on behalf of Ireland on the 24th day of November, 1975.

AND WHEREAS by the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (the terms of which are set out in Part III of the said Schedule) done at Montreal on the 23rd day of September, 1971 (hereinafter referred to as the "the Montreal Convention"), an arrangement was made with the other countries who are parties to the Montreal Convention for the surrender of persons wanted for prosecution or punishment for the offences specified in Article 1 of the Montreal Convention;

AND WHEREAS the Montreal Convention was acceded to on behalf of Ireland on the 12th day of October, 1976;

AND WHEREAS the Washington Treaty, the Hague Convention and the Montreal Convention have each been ratified on behalf of the United States of America and it is intended, accordingly, to apply Part II of the Extradition Act, 1965 (No. 17 of 1965), in relation to that country;

NOW, the Government, in exercise of the powers conferred on them by section 8 of the Extradition Act, 1965, hereby order as follows: 1. (1) This Order may be cited as the Extradition Act, 1965 (Part II) (No. 20) Order, 1984.

(2) The collective citation "the Extradition Act, 1965 (Part II) Orders, 1966 to 1984" shall include this Order.

(3) This Order shall come into operation on the 15th day of December, 1984. 2. Part II of the Extradition Act, 1965 (No. 17 of 1965), shall apply in relation to the United States of America. 3. The Extradition Act, 1965 (Part II) (No. 9) Order, 1975 ( S.I. No. 334 of 1975 ), and the Extradition Act, 1965 (Part II) (No. 10) Order, 1976 ( S.I. No. 251 of 1976 ), shall be construed and have effect as if in the First Schedule to those Orders "United States of America," were deleted,

SCHEDULE

PART I

TREATY ON EXTRADITION BETWEEN IRELAND AND THE UNITED STATES OF AMERICA

The Government of Ireland and the Government of the United States of America, desiring to make more effective the cooperation of the two countries in the supression of crime, agree as follows:

ARTICLE I

Obligation to Extradite

Each Contracting Party agrees to extradite to the other, in accordance with the provisions of this Treaty, but subject to the law of the Requested State and to such exceptions as are therein provided, any persons, including its citizens or nationals, who are wanted for prosecution or the imposition or enforcement of a sentence in the Requesting State for an extraditable offence.

ARTICLE II

Extraditable Offences

1. An offence shall be an extraditable offence only if it is punishable under the law of both Contracting Parties by imprisonment for a period of more than one year, or by a more severe penalty. When the request for extradition relates to a person who is wanted for the enforcement of a sentence of imprisonment, extradition shall be granted only if the duration of the sentence still to be served amounts to at least four months.

2. For the purpose of this Article, if shall not matter:

( a ) whether the laws of the Contracting Parties place the offence within the same category of offence or denominate the offence by the same terminology; or

( b ) whether the offence is one for which United States federal law requires proof of interstate transportation, or use of the mails or of other facilities affecting interstate or foreign commerce, such matters being merely for the purpose of establishing jurisdiction in a United States federal court.

3. Subject to the conditions set forth in paragraph 1 of this Article, extradition shall also be granted for attempt and conspiracy to commit, aiding, abetting, counselling, procuring, inciting, or otherwise being an accessory to the commission of, an offence referred to in paragraph 1.

4. If extradition is granted for an extraditable offence, it may also be granted for any other offence for which extradition is requested that meets all the requirements for extradition other than the periods of imprisonment specified in paragraph 1 of this Article.

ARTICLE III

Place of Commission of Offence

1. Extradition shall not be refused on the ground that the offence for which extradition is requested was committed outside the Requesting State.

2. Extradition may be refused when the offence for which extradition is requested is regarded under the law of the Requested State as having been committed in its territory. If extradition is refused pursuant to this paragraph, the Requested State shall submit the case to its competent authorities for the purpose of prosecution.

ARTICLE IV

Exceptions to Extradition

Extradition shall not be granted in any of the following circumstances:

( a ) when the person whose surrender is sought has been convicted or acquitted, or a prosecution is pending against that person, in the Requested State, for the offence for which extradition is requested;

( b ) when the offence for which extradition is requested is a political offence. Reference to a political offence shall not include the taking or attempted taking of the life of a Head of State or a member of his or her family;

( c ) when there are substantial grounds for believing that a request for extradition for an ordinary criminal offence has been made for the purpose of prosecuting or punishing a person on account of that person's race, religion, nationality or political opinion. Unless the law of the Requested State otherwise provides, decisions under this paragraph shall be made by the executive authority; or

( d ) when the offence for which extradition is requested is a military offence which is not an offence under the ordinary criminal law of the Contracting Parties.

ARTICLE V

Discretionary Grounds for Refusal of Extradition

Extradition may be refused in any of the following circumstances:

( a ) when the person whose surrender is sought has been convicted or acquitted in a third State of the offence for which extradition is requested; or

( b ) when the competent authorities of the Requested State have decided to refrain from prosecuting the person whose surrender is sought for the offence for which extradition is requested, or to discontinue any criminal proceedings which have been initiated against that person for that offence.

ARTICLE VI

Capital Punishment

When the offence for which extradition is requested is punishable by death under the law of the Requesting State and is an offence which is not so punishable under the law of the Requested State, extradition may be refused unless the Requesting State provides such assurances as the competent authorities of the Requested State consider sufficient that the death penalty, if imposed, will not be carried out.

ARTICLE VII

Postponement of Surrender

When the person whose extradition is requested is being, or is about to be, proceeded against, or has been convicted, in the Requested State in respect of an offence other than that for which extradition has been requested, surrender may be postponed until the conclusion of the proceedings and the full execution of any punishment the person may be or may have been awarded.

ARTICLE VIII

Extradition Procedure and Required Documents

1. The Request for extradition shall be made in writing and shall be communicated through the diplomatic channel.

2. The request for extradition shall contain:

( a ) information which will help to establish the identity of the person sought;

( b ) the location of the person if known or, if it is not known, a statement to that effect; and

( c ) a brief statement of the facts of the case.

3. Every request for extradition shall be supported by documents which contain:

( a ) as accurate a description as possible of the person sought, together with any other information which will assist in establishing the person's identity and nationality;

( b ) a statement of the pertinent facts of the case, indicating as accurately as possible the time and place of commission of the offence; and

( c ) the legal description of the offence and a statement of the maximum penalties therefor and the text of the law setting forth the offence or, where this is not possible, a statement of the relevant law.

4. When the request for extradition relates to a person who has not been convicted, it shall also be supported:

( a ) by the original or an authenticated copy of the warrant of arrest, or equivalent order, issued by a competent authority of the Requesting State;

( b ) by the original or an authenticated copy of the complaint, information or indictment; and

( c ) in the case of a request emanating from Ireland, by a statement of facts, by way of affidavit or statutory declaration, setting forth reasonable grounds for believing that an offence has been committed and that the person sought committed...