Extradition (European Union Conventions) Act, 2001

Publication Date:January 01, 2001
 
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EXTRADITION (EUROPEAN UNION CONVENTIONS) ACT, 2001

2001 Number 49

AN ACT TO GIVE EFFECT TO THE CONVENTION ON SIMPLIFIED EXTRADITION PROCEDURES BETWEEN THE MEMBER STATES OF THE EUROPEAN UNION DRAWN UP ON THE BASIS OF ARTICLE K.3 OF THE TREATY ON EUROPEAN UNION BY COUNCIL ACT DONE AT BRUSSELS ON 10 MARCH 1995; TO GIVE EFFECT TO THE CONVENTION RELATING TO EXTRADITION BETWEEN THE MEMBER STATES OF THE EUROPEAN UNION DRAWN UP ON THE BASIS OF THE SAID ARTICLE K.3 BY COUNCIL ACT DONE AT BRUSSELS ON 27 SEPTEMBER 1996; AND FOR THOSE AND OTHER PURPOSES TO AMEND THE EXTRADITION ACT, 1965; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.

[19th December 2001]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1 Preliminary and General

PART 1

Preliminary and General

S-1 Short title, collective citation, construction and commencement.

1 Short title, collective citation, construction and commencement.

(1) This Act may be cited as the Extradition (European Union Conventions) Act, 2001 .

(2) The Extradition Acts, 1965 to 1994, and this Act may be cited together as the Extradition Acts, 1965 to 2001, and shall be construed together as one Act.

(3) This Act shall come into operation on such day or days as the Minister may, by order or orders, appoint either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes or different provisions.

S-2 Interpretation.

2 Interpretation.

(1) In this Act—

"Act of 1987" means the Extradition (European Convention on the Suppression of Terrorism) Act, 1987 ;

"Act of 1994" means the Extradition (Amendment) Act, 1994 ;

"Convention of 1995" means the Convention on simplified extradition between the Member States of the European Union drawn up on the basis of Article K.3 of the Treaty of European Union, by Council Act done at Brussels on 10 March, 19951 , the text of which—

(a) in the English language, is set out in Part A of Schedule 1 to this Act, and

(b) in the Irish language, is set out in Part B of that Schedule;

"Convention of 1996" means the Convention relating to extradition between the Member States of the European Union drawn up on the basis of the said Article K.3, by Council Act done at Brussels on 27 September, 19962 , the text of which—

(a) in the English language, is set out in Part A of Schedule 2 to this Act, and

(b) in the Irish language, is set out in Part B of that Schedule;

"Principal Act" means the Extradition Act, 1965.

(2) The amendments effected by this Act apply, except where otherwise provided, in relation to an offence, whether committed or alleged to have been committed before or after the passing of this Act, other than an offence committed or alleged to have been committed before the commencement of section 13 of this Act by a person in whose case a court has found that the offence was a revenue offence.

2 Convention of 1995

PART 2

Convention of 1995

S-3 Amendment of section 3 of Principal Act.

3 Amendment of section 3 of Principal Act.

3.—Section 3 of the Principal Act is hereby amended by the insertion of the following subsection:

"(1A) For the purposes of the amendments to this Act effected by Part 2 of the Extradition (European Union Conventions) Act, 2001, 'Convention country' means a country designated under section 4 (1) of that Act.".

S-4 Convention countries.

4 Convention countries.

(1) The Minister for Foreign Affairs may by order designate a country that has adopted the Convention of 1995.

(2) The Minister for Foreign Affairs may, by order, amend or revoke an order under this section, including an order under this subsection.

(3) An order under this section shall, as soon as may be after it is made, be laid before each House of the Oireachtas.

S-5 Provisional arrest.

5 Provisional arrest.

5.—Section 27 of the Principal Act is hereby amended by the insertion of the following subsections:

"(2A) A request for the provisional arrest of a person made on behalf of a requesting country that is a Convention country shall—

(a) state that one of the documents mentioned in paragraph (a) of section 25(1) exists in respect of that person,

(b) be accompanied by a statement of the offences to which the request relates specifying the nature and description under the law of the requesting country of the offences concerned,

(c) specify the circumstances in which the offences were committed or alleged to have been committed including the time and place of their commission or alleged commission, and the degree of involvement or alleged degree of involvement of the person to whom the request relates in their commission or alleged commission, and

(d) specify the penalties to which that person would be liable if convicted of the offences concerned or, where he has been convicted of those offences, the penalties that have been imposed or, where he has been convicted of those offences but not yet sentenced, the penalties to which he is liable,

hereafter in this section referred to as 'information furnished under subsection (2A)'.

(2B) A member of the Garda Síochána not below the rank of inspector shall provide a person, who is provisionally arrested pursuant to a warrant issued on foot of a request to which subsection (2A) applies, with the information furnished under subsection (2A) and shall inform him of his right to consent to his surrender under section 29A(1) (inserted by section 6 (b) of the Extradition (European Union Conventions) Act, 2001) and inquire of him whether he wishes to so consent.".

S-6 Consent to surrender.

6 Consent to surrender.

6.—The Principal Act is hereby amended by—

(1)(a) the substitution of the following section for section 14:

"14.—Extradition shall not be granted where a person claimed is a citizen of Ireland, unless the relevant extradition provisions or this Act otherwise provide.",

and

(2)(b) the insertion of the following section:

"29A.—(1) Where a person is brought before the High Court—

(a) under section 26, pursuant to a request from a Convention country for his extradition, or

(b) under section 27, pursuant to a request from a Convention country for his provisional arrest,

he may consent to his being surrendered to the Convention country concerned.

(2) Notwithstanding section 29, where a person is brought before the High Court under section 27, pursuant to a request from a Convention country to which this Part applies for the provisional arrest of that person, and the court is satisfied that—

(a) there has been compliance with subsection (2A) of the said section 27 (inserted by section 5 of the Extradition (European Union Conventions) Act, 2001),

(b) it is intended that a request will be made by or on behalf of the Convention country for the person's extradition, unless he consents to being surrendered,

(c) the person consents voluntarily to his being surrendered to the Convention country and is aware of the consequences of his so consenting,

(d) extradition of the person claimed is not prohibited by this Part or by the relevant extradition provisions,

(e) where the person claimed is a citizen of Ireland, the Minister consents to the person being surrendered to the Convention country concerned,

the court shall make an order committing that person to a prison (or, if he is not more than 21 years of age, to a remand institution) there to await the order of the Minister for his extradition.

(3) Notwithstanding section 29, where a person is brought before the High Court under section 26, pursuant to a request from a Convention country for the extradition of that person, and the court is satisfied that—

(a) the extradition of that person has been duly requested,

(b) this Part applies in relation to that Convention country,

(c) extradition of the person claimed is not prohibited by this Part or by the relevant extradition provisions,

(d) the documents required to support a request for extradition under section 25 have been produced,

(e) the person consents voluntarily to his being surrendered to the Convention country and is aware of the consequences of his so consenting, and

(f) where the person is a citizen of Ireland, the Minister consents to the person being surrendered to the Convention country concerned,

the court shall make an order committing that person to a prison (or, if he is not more than 21 years of age, to a remand institution) there to await the order of the Minister for his extradition.

(4) Where a person consents to his being surrendered under subsection (1), the High Court shall record in writing the giving of such consent and shall cause a copy thereof to be sent forthwith to the Minister.

(5) (a) If a person arrested under section 27 consents under subsection (1) to his being surrendered to the Convention country concerned, the Minister shall so inform that country not later than 10 days after the person is so arrested.

(b) Where a person arrested under section 27 does not consent under the said subsection to his being surrendered to the Convention country concerned, the Minister shall so inform that country not later than 10 days after the person is so arrested.

(6) A person who has consented under subsection (1) to his being surrendered to the Convention country concerned may, at any time thereafter but before the making of an order by the Minister under section 33, withdraw his consent and, if he withdraws his consent, the period between the giving of such consent before the High Court and the withdrawal of such consent by him shall not be taken into account for the purpose of calculating the period of 18 days specified in section 27(7).

(7) Where a person in respect of whom the High Court has made an order of committal under subsection (2) withdraws his consent to being surrendered to the Convention country concerned, he shall, as soon as may be after a request for his extradition has been received by the Minister from that Convention country, be brought before the High Court and the court shall affirm the said order of committal provided that, in relation to that...

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