Extradition (European Union Conventions) Act, 2001

• Jurisdiction: Ireland
• Citation: IR No. 49/2001

Number 49 of 2001
EXTRADITION (EUROPEAN UNION CONVENTIONS) ACT, 2001
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section 1. Short title, collective citation, construction and commencement. 2. Interpretation.
PART 2
Convention of 1995
3. Amendment of section 3 of Principal Act. 4. Convention countries. 5. Provisional arrest. 6. Consent to surrender. 7. Waiver of rule of specialty. 8. Surrender.
PART 3
Convention of 1996
9. Amendment of section 3 of Principal Act. 10. Convention countries. 11. Extraditable offences. 12. Political offences. 13. Revenue offences. 14. Pardon or amnesty. 15. Rule of specialty. 16. Application of rule of specialty in State. 17. Authentication. 18. Facsimile transmission of documents. 19. Transit.
PART 4
Miscellaneous Provisions
20. Proceedings under Principal Act to be heard before High Court. 21. Laying of orders before Houses of Oireachtas. 22. Evidence by affidavit. 23. Amendment of section 8 of Principal Act. 24. Evidence through television link by person outside State. 25. Foreign seals. 26. Corresponding offence. 27. Amendment of section 3 of Act of 1987.
SCHEDULE 1
Part A
Text in the English Language of the Convention drawn up on the basis of Article K.3 of the Treaty on European Union, on Simplified Extradition Procedures between the Member States of the European Union done at Brussels on 10 March 1995
Part B
Text in the Irish Language of the Convention drawn up on the basis of Article K.3 of the Treaty on European Union, on Simplified Extradition Procedures between the Member States of the European Union done at Brussels on 10 March 1995
SCHEDULE 2
Part A
Text in the English Language of the Convention drawn up on the basis of Article K.3 of the Treaty on European Union, relating to Extradition between the Member States of the European Union done at Brussels on 27 September 1996
Part B
Text in the Irish Language of the Convention drawn up on the basis of Article K.3 of the Treaty on European Union, relating to Extradition between the Member States of the European Union done at Brussels on 27 September 1996
Acts Referred to Criminal Evidence Act, 1992 1992, No. 12 Criminal Justice Act, 1999 1999, No. 10 Extradition Act, 1965 1965, No. 17 Extradition Acts, 1965 to 1994 Extradition (Amendment) Act, 1994 1994, No. 6 Extradition (European Convention on the Suppression of Terrorism) Act, 1987 1987, No. 1
Number 49 of 2001
EXTRADITION (EUROPEAN UNION CONVENTIONS) ACT, 2001
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:
PART 1 Preliminary and General
	Short title, collective citation, construction and commencement.	1.—(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.
	Interpretation.	2.—(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.
PART 2 Convention of 1995
	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.”.
	Convention countries.	4.—(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.
	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.”.
	Consent to surrender.	6.—The Principal Act is hereby amended by—
	(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
	(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...