Extradition (European Union Conventions) Act, 2001

Extradition (European Union Conventions) Act, 2001 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2001 Extradition (European Union Conventions) Act, 2001 Extradition (European Union Conventions) Act, 2001 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán 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 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 request, there has been compliance with this Act. (8) Subsection (2) of section 29 (inserted by section 9 of the Act of 1994) and subsections (4) and (6) of that section shall apply for the purposes of this section, subject to the modification that references in subsection (4) to subsection (1) shall be construed as references to subsection (2) or (3) of this section.”. Waiver of rule of specialty. 7.—The Principal Act is hereby amended by— (a) the substitution in section 20(1)(a) of the following subparagraph for subparagraph (i): “(i) subject to section 20A (inserted by section 7 (b) of the Extradition (European Union Conventions) Act, 2001), with the consent of the Minister, or”, and (b) the insertion of the following section: “20A.—(1) The Minister may, where a person whose extradition is sought by a Convention country consents— (a) under section 29A to his being surrendered to that country, and (b) voluntarily before the High Court to the Minister giving his consent under section 20(1)(a)(i), and is aware of the consequences of the Minister so doing, give his consent under the said section 20(1)(a)(i). (2) A person who has consented in accordance with subsection (1) to the Minister giving his consent under section 20(1)(a)(i) may at any time thereafter, but before the giving of such consent by the Minister, withdraw his consent, and if the person so withdraws his consent the Minister shall not give his consent under section 20(1)(a)(i). (3) The Minister shall not give his consent under section 20(1)(a)(i) in accordance with this section on a day that is before the day on which he makes an order under section 33 in respect of the person concerned.”. Surrender. 8.—The Principal Act is hereby amended by the insertion of the following section: “33A.—(1) Where the High Court makes an order under section 29A (inserted by section 6 (b) of the Extradition (European Union Conventions) Act, 2001) in relation to a person whose surrender is sought by a Convention country, the Minister shall, not later than 20 days after the giving by that person of his consent to being surrendered to that country before that Court, so notify the Convention country in writing. (2) Subject to subsection (3), the Minister shall make an order under section 33 in respect of a person to whom subsection (1) applies not later than 20 days after the giving of notification to the Convention country concerned under the said subsection (1). (3) Where, for reasons beyond the control of the Minister, the Minister is unable to comply with subsection (2), he shall so notify the Convention country concerned and shall make an order under the said section 33 on such day as may be agreed by the Minister and that country. (4) Where a day for the making of an order under section 33 is agreed in accordance with subsection (3), the person whose surrender is sought shall be surrendered to the Convention country concerned not later than 20 days after such day and if surrender is not effected before the expiration of such period of 20 days the person shall be released. (5) Subsections (1), (2), (3) and (4) shall not apply where the Minister proposes to postpone the surrender of a person claimed in accordance with section 32.”. PART 3 Convention of 1996 Amendment of section 3 of Principal Act. 9.—Section 3 of the Principal Act is hereby amended by the insertion of the following subsections: “(1B) For the purposes of the amendments to this Act effected by Part 3 of the Extradition (European Union Conventions) Act, 2001, ‘Convention country’ means a country designated under section 10 (1) of that Act. (1C) For the purposes of this Act and the Convention of 1996, the Central Authority in the State shall be the Minister.”. Convention countries. 10.—(1) The Minister for Foreign Affairs may by order designate a country that has adopted the Convention of 1996. (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. Extraditable offences. 11.—Section 10 of the Principal Act is hereby amended by— (a) the insertion of the following subsection: “(1A) Subject to subsection (2A), extradition to a requesting country that is a Convention country shall be granted only in respect of an offence that is punishable— (a) under the laws of that country, by imprisonment or detention for a maximum period of not less than one year or by a more severe penalty, and (b) under the laws of the State, by imprisonment or detention for a maximum period of not less than 6 months or by a more severe penalty, and for which, if there has been a conviction and sentence in the requesting country, imprisonment for a period of not less than 4 months or a more severe penalty has been imposed.”, (b) the insertion of the following subsection: “(2A) If a request is made by a Convention country for extradition for— (a) an offence to which subsection (1A) applies, and (b) an offence punishable under the laws of that country and of the State in respect of which there is a failure to comply with subsection (1A), extradition may, subject to this Part, be granted in respect of the second-mentioned offence, but where extradition is refused for the first-mentioned offence it shall be refused for the second-mentioned offence also.”, (c) the substitution for subsection (3) of the following: “(3) In this section ‘an offence punishable under the laws of the State’ means— (a) an act that, if committed in the State on the day on which the request for extradition is made, would constitute an offence, or (b) in the case of an offence under the law of a requesting country consisting of the commission of one or more acts including any act committed in the State (in this paragraph referred to as ‘the act concerned’), such one or more acts, being acts that, if committed in the State on the day on which the act concerned was committed or alleged to have been committed would constitute an offence, and cognate words shall be construed accordingly.”, and (d) the insertion of the following subsection: “(4) In this section ‘an offence punishable under the laws of the requesting country’ means an offence punishable under the laws of the requesting country on— (a) the day on which the offence was committed or is alleged to have been committed, and (b) the day on which the request for extradition is made, and cognate words shall be construed accordingly.”. Political offences. 12.—Section 3 of the Act of 1987 is hereby amended by the insertion in subsection (2) of the following paragraph: “(aa) the purposes of Part II of the Act of 1965 in relation to any request for the surrender of a person made after the passing of the Extradition (European Union Conventions) Act, 2001, by any country that— (i) has adopted the Convention of 1996, and (ii) is a country to which the said Part II applies.”. Revenue offences. 13.—The Principal Act is hereby amended by— (a) the substitution, in section 3(1), of the following definition for the definition of “revenue offence” (inserted by section 3(a) of the Act of 1994): “‘revenue offence’, in relation to any country or place outside the State, means an offence in connection with taxes, duties, customs or exchange control but does not include an offence involving the use or threat of force or perjury or the forging of a document issued under statutory authority or an offence alleged to have been committed by an officer of the revenue of that country or place in his capacity as such officer or an offence within the scope of Article 3 of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances done at Vienna on the 20th day of December, 1988;”, (b) the substitution of the following section for section 13: “13.—Extradition shall not be granted for revenue offences unless the relevant extradition provisions otherwise provide.”, (c) the deletion, in subsection (2) of section 44, of— (i) “or” in paragraph (b), and (ii) paragraph (c), and (d) the deletion, in subsection (2)(a) of section 50, of subparagraph (iii). Pardon or amnesty. 14.—The Principal Act is hereby amended by the insertion of the following section: “18A.—(1) Extradition shall not be granted where the person claimed has been granted a pardon under Article 13.6 of the Constitution in respect of an offence consisting of an act that constitutes in whole or in part the offence under the law of the requesting country in respect of which extradition is sought. (2) Extradition shall not be granted where the person claimed has, in accordance with the law of the requesting country, become immune, by virtue of any amnesty or pardon, from prosecution or punishment for the offence concerned. (3) Extradition shall not be granted where the person claimed has, by virtue of any Act of the Oireachtas, become immune from prosecution or punishment for any offence consisting of an act that constitutes in whole or in part the offence under the law of the requesting country in respect of which extradition is sought.”. Rule of specialty. 15.—Section 20 of the Principal Act is hereby amended by— (a) the substitution in subsection (1) of “Subject to subsection (1A) (inserted by section 15 (b) of the Extradition (European Union Conventions) Act, 2001), extradition shall not be granted unless provision is made by the law of the requesting country or by the extradition agreement—” for “Extradition shall not be granted unless provision is made by the law of the requesting country or by the extradition agreement—”, and (b) the insertion of the following subsection: “(1A) Extradition to a Convention country of a person claimed shall not be refused on the grounds only that it is intended— (a) to proceed against him in that country for an offence alleged to have been committed by him before his surrender (other than an offence to which the request for extradition relates) provided that— (i) upon conviction he is not liable to a term of imprisonment or detention, or (ii) in circumstances where upon conviction he is liable to a term of imprisonment or detention and such other penalty as does not involve a restriction of his personal liberty, the High Court is satisfied that the said other penalty only will be imposed should he be convicted of the offence concerned, (b) to impose in the Convention country concerned a penalty (other than a penalty consisting of the restriction of the person's liberty) including a financial penalty in respect of an offence— (i) of which the person claimed has been convicted, (ii) that was committed before his surrender, and (iii) that is not an offence to which the request relates, notwithstanding that where such person fails or refuses to pay the penalty concerned (or, in the case of a penalty that is not a financial penalty, fails or refuses to submit to any measure or comply with any requirements of which the penalty consists), he may under the law of that Convention country be detained or otherwise deprived of his personal liberty, or (c) to proceed against or detain him in the Convention country concerned for the purpose of executing a sentence or order of detention in respect of an offence— (i) of which the person claimed has been convicted, (ii) that was committed before his surrender, and (iii) that is not an offence to which the request relates, or otherwise restrict his personal liberty as a consequence of being convicted of such offence, provided that— (I) after his surrender he consents to such execution or to his personal liberty being so restricted and, in the case of an Irish citizen, the Minister so consents also, and (II) under the law of the Convention country, such consent shall be given before the competent judicial authority in that country and be recorded in accordance with the law of that country.”. Application of rule of specialty in State. 16.—Section 39 of the Principal Act is hereby amended by— (a) the substitution, in subsection (2), of “Subject to subsection (2A) (inserted by section 16 (b) of the Extradition (European Union Conventions) Act, 2001), a person to whom this section applies shall not be proceeded against, sentenced or imprisoned or otherwise restricted in his personal freedom for any offence committed before his surrender other than that for which he was surrendered, except in the following cases—” for “He shall not be proceeded against, sentenced or imprisoned or otherwise restricted in his personal freedom for any offence committed prior to his surrender other than that for which he was surrendered, except in the following cases—”, and (b) the insertion of the following subsection: “(2A) A person to whom this section applies, who has been surrendered to the State by a Convention country pursuant to a request for his extradition from the Central Authority in the State, may— (a) be proceeded against for an offence alleged to have been committed by him before his surrender (other than that for which he has been surrendered) provided that— (i) upon conviction he is not liable to a term of imprisonment or detention, (ii) in circumstances where, upon conviction, he would be liable to a term of imprisonment or detention or such penalty as does not involve a restriction of his personal liberty, the said other penalty only shall be imposed should he be convicted of the offence concerned, (b) be subjected to a penalty (other than a penalty consisting of the restriction of his personal liberty) including a financial penalty, where apart from this section the law so provides in respect of an offence— (i) of which he has been convicted, (ii) that was committed before his surrender, and (iii) that is not an offence for which he has been surrendered, notwithstanding that where such person fails or refuses to pay the penalty concerned (or, in the case of a penalty that is not a financial penalty, fails or refuses to comply with the order of the court by which the penalty has been imposed), he may in accordance with law and apart from this section be detained or otherwise deprived of his personal liberty, or (c) be proceeded against or, where apart from this section the law so provides, be detained for the purpose of executing a sentence of imprisonment or detention in respect of an offence— (i) of which he has been convicted, (ii) that was committed before his surrender, and (iii) that is not an offence for which he has been surrendered, or, where apart from this section the law so provides, be otherwise restricted in his personal liberty as a consequence of being convicted of such offence, provided that he has consented to such execution or his personal liberty being so restricted before the High Court which shall, upon being satisfied that the person so consents voluntarily and is aware of the consequences of his so consenting, record that consent.”. Authentication. 17.—The Principal Act is hereby amended by— (a) the insertion of the following subsection in section 25: “(2) For the purposes of a request for extradition from a Convention country, a document shall be deemed to be an authenticated copy if it has been certified as a true copy by the judicial authority that issued the original or by an officer of the Central Authority of the Convention country concerned duly authorised to so do.”, and that part of the said section 25 that is in existence immediately before the commencement of this section is hereby designated as subsection (1) of section 25, (b) the substitution of the following section for section 37: “37.—(1) In proceedings to which this Part applies, a document supporting a request for extradition from a requesting country (other than a Convention country) shall be received in evidence without further proof if it purports— (a) to be signed by a judge, magistrate or officer of the requesting country, and (b) to be certified by being sealed with the seal of a minister of state, ministry, department of state or such other person as performs in that country functions the same as or similar to those performed by the Minister under this Act, as may be appropriate, and judicial notice shall be taken of such seal. (2) In proceedings to which this Part applies, a document purporting to be a copy of a document supporting a request for extradition from a Convention country shall, subject to subsection (3), be received in evidence without further proof. (3) In proceedings to which this Part applies, a document that purports to be certified by— (a) the judicial authority in a Convention country that issued the original, or (b) an officer of the Central Authority of such a country duly authorised to so do, to be a true copy of a conviction and sentence or detention order immediately enforceable or, as the case may be, the warrant of arrest or other order having the same effect and issued in accordance with the procedure laid down in the law of that country, shall be received in evidence without further proof, and where the seal of the judicial authority or Central Authority concerned has been affixed to the document, judicial notice shall be taken of that seal.”. Facsimile transmission of documents. 18.—The Principal Act is hereby amended by the insertion of the following section: “23A.—(1) For the purposes of a request for extradition from a Convention country, a facsimile copy of a document to which paragraph (a), (b), (c), (d) or (e) of section 25(1) applies may be transmitted by the Central Authority of the Convention country concerned to the Central Authority in the State by means of the use of a facsimile machine fitted with a cryptographic device that is in operation during the transmission. (2) The facsimile copy of a document transmitted in accordance with subsection (1) shall include— (a) a copy of a certificate of the Central Authority of the Convention country concerned stating that the copy of the document so transmitted corresponds to the original document, (b) a description of the pagination of that document, and (c) a statement that the cryptographic device fitted to the facsimile machine that was used to transmit that facsimile copy was in operation during the transmission concerned. (3) If the Central Authority in the State is not satisfied that the facsimile copy of a document transmitted to him in accordance with subsection (1) corresponds to the document of which it purports to be a facsimile copy, he may require the Central Authority of the requesting country to cause the original document or a true copy thereof to be provided to him by— (a) a diplomatic agent of the requesting country, accredited to the State, or (b) any other means agreed by the Central Authority in the State and the Central Authority of the Convention country concerned, within such period as he may specify.”. Transit. 19.—Section 40 of the Principal Act is hereby amended by— (a) the substitution of the following subsection for subsection (1): “(1) Transit through the State of a person being conveyed from one country to another upon his surrender pursuant to an agreement in the nature of an extradition agreement may, subject to— (a) any relevant extradition provisions, (b) such conditions, if any, as the Minister thinks proper, and (c) in circumstances where the country to which he is being conveyed is a Convention country, compliance with subsection (1A) (inserted by section 19 (b) of the Extradition (European Union Conventions) Act, 2001), be granted by the Minister upon a request to that effect by the country to which he is being conveyed.”, (b) the insertion of the following subsection: “(1A) Where a request to which subsection (1) applies is made by a Convention country, the following information shall be provided by or on behalf of the Central Authority in that country in writing to the Central Authority in the State, that is to say: (a) such information as will enable the person to be identified by the Central Authority in the State, (b) whether— (i) there exists an arrest warrant or other document having the same effect as an arrest warrant under the law of the Convention country issued by a judicial authority in that country in respect of the person, or (ii) the person has been convicted in the Convention country of an offence in respect of which he has been surrendered, (c) the nature, and description under the law of the Convention country, of the offence in respect of which the person has been surrendered, and (d) a description of the circumstances in which the offence— (i) was committed, or (ii) where the person has not yet been convicted of the offence concerned, is alleged to have been committed, and the date and place of its commission or alleged commission, as may be appropriate.”, and (c) the insertion of the following subsection: “(2A) (a) This subsection applies to an aircraft that has taken off from a place (other than the State) and that is scheduled to land in a place (other than the State) and on board which there is a person who is being conveyed to a Convention country upon his surrender to that country pursuant to an agreement in the nature of an extradition agreement. (b) Where an aircraft to which this subsection applies, for whatever reason, lands in the State, the Central Authority of the Convention country referred to in paragraph (a) shall, upon its landing or as soon as may be after it lands, comply with subsection (1A) and the said subsection (1A) shall apply subject to any necessary modifications. (c) While an aircraft to which this subsection applies is in the State, a person referred to in paragraph (a) who is on board that aircraft shall be deemed to be in transit through the State and subsection (2) shall apply accordingly.”. PART 4 Miscellaneous Provisions Proceedings under Principal Act to be heard before High Court. 20.—(1) The Principal Act is hereby amended by— (a) the substitution of “High Court” for “District Court” in each place that it occurs, (b) the substitution of “judge of the High Court” for “judge of the District Court assigned to the Dublin Metropolitan District” in each place that it occurs, (c) the deletion, in section 3, of the definition of “judge of the District Court assigned to the Dublin Metropolitan District” (inserted by section 3(b) of the Act of 1994 and amended by the Criminal Justice Act, 1999 ), (d) the substitution, in section 27, of the following subsection for subsection (6) (inserted by section 8(b) of the Act of 1994): “(6) A person arrested under a warrant issued under this section shall, unless the warrant is cancelled under subsection (5), be brought as soon as may be before a judge of the High Court and the judge shall remand the said person in custody or on bail pending— (a) the receipt by him of a certificate of the Minister under section 26(1)(a) (inserted by section 7(a) of the Act of 1994) stating that the request for extradition has been duly made, or (b) (in circumstances where the person is remanded in custody) the release of that person under section 35, and for those purposes the judge shall have the same powers of remand as if that person were brought before him charged with an indictable offence.”, (e) the substitution in section 48 of the following subsection for subsection (2): “(2) If during the period of 15 days referred to in subsection (1) an application is made by or on behalf of a person to whom that subsection applies for an order of habeas corpus, he shall not be delivered up while the application is pending.”, (f) the substitution in section 29 of the following subsection for subsection (5): “(5) No appeal shall lie to the Supreme Court from an order of the High Court under this section, except on a point of law.”, and (g) the substitution in section 47 of the following subsection for subsection (5): “(5) No appeal shall lie to the Supreme Court from an order of the High Court under this section, except on a point of law.”. (2) For the avoidance of doubt, references in the Principal Act to extradition provisions shall include references to the Convention of 1995 and the Convention of 1996. (3) The amendments effected by subsection (1) shall not operate to affect proceedings brought under the Extradition Acts, 1965 to 1994, before the commencement of this section, and accordingly the District Court shall, in relation to any such proceedings, have the same jurisdiction after such commencement that it had immediately before such commencement. Laying of orders before Houses of Oireachtas. 21.—The Principal Act is hereby amended by the substitution of the following section for section 4: “4.—Every order made by the Government under this Act after the commencement of the Extradition (European Union Conventions) Act, 2001, shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.”. Evidence by affidavit. 22.—The Principal Act is hereby amended by the insertion of the following section: “7B.—(1) In proceedings under this Act, evidence as to any matter to which such proceedings relate may be given by affidavit or by a statement in writing that purports to have been sworn— (a) by the deponent in a place other than the State, and (b) in the presence of a person duly authorised under the law of the place concerned to attest to the swearing of such a statement by a deponent, howsoever such a statement is described under the law of that place. (2) In proceedings referred to in subsection (1), the High Court may, if it considers that the interests of justice so require, direct that oral evidence of the matters described in the affidavit or statement concerned be given, and the court may, for the purpose of receiving oral evidence, adjourn the proceedings to a later date.”. Amendment of section 8 of Principal Act. 23.—Section 8 of the Principal Act is hereby amended by— (a) the insertion of the following subsection: “(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 Government may by order so declare and this Part shall upon the making of the second-mentioned order apply to that country.”, (b) the substitution of the following subsection for subsection (3): “(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. (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.”, and (c) the substitution of the following subsection for subsection (8): “(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.”. Evidence through television link by person outside State. 24.— Section 29 of the Criminal Evidence Act, 1992 , is hereby amended by the substitution of the following subsection for subsection (1): “(1) Without prejudice to section 13(1), in any criminal proceedings or proceedings under the Extradition Acts, 1965 to 2001, a person other than the accused or the person whose extradition is being sought, as the case may be, may, with the leave of the court, give evidence through a live television link.”. Foreign seals. 25.—The Principal Act is hereby amended by— (a) the substitution in subsection (3) of section 21 of the following paragraph for paragraph (a): “(a) with the consent of the requested country signified under the seal of a minister of state, ministry or department of state of that country or such other person as performs in that country functions the same as or similar to those performed by the Minister under this Act, as may be appropriate, which seal shall be judicially noticed, or”, and (b) the substitution in paragraph (a) of section 39(2) of “a minister of state, ministry or department of state of that country or such other person as performs in that country functions the same as or similar to those performed by the Minister under this Act, as may be appropriate,” for “minister of state of that country”. Corresponding offence. 26.—The Principal Act is hereby amended by the insertion in section 42 of the following subsections: “(2) For the purposes of this Part an offence under the law of a place to which this Part applies corresponds to an offence under the law of the State where the act constituting the offence under the law of that place would, if done in the State, constitute an offence under the law of the State punishable— (a) on indictment, or (b) on summary conviction by imprisonment for a maximum term of not less than 6 months or by a more severe penalty. (3) For the purposes of this Part, an offence specified in a warrant corresponds with an offence under the law of the State if— (a) the act constituting the offence so specified would, if done in the State on the day the warrant is produced under section 43(1)(b), constitute an offence under the law of the State, or (b) in the case of an offence so specified consisting of one or more acts including any act committed in the State, such act constituted an offence under the law of the State on the day on which it was committed or alleged to have been committed.”. Amendment of section 3 of Act of 1987. 27.—Section 3 of the Act of 1987 is hereby amended by the insertion in subsection (3)(a) of the following subparagraphs: “(iia) an offence within the scope of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, done at Geneva on the 12th day of August, 1949, (iib) an offence within the scope of the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, done at Geneva on the 12th day of August, 1949, (iic) an offence within the scope of the Geneva Convention Relative to the Treatment of Prisoners of War done at Geneva on the 12th day of August, 1949, (iid) an offence within the scope of the Geneva Convention Relative to the Protection of Civilian Persons in time of War done at Geneva on the 12th day of August, 1949,”. 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 (CONVENTION) drawn up on the basis of Article K.3 of the Treaty on European Union, on simplified extradition procedure between the Member States of the European Union THE HIGH CONTRACTING PARTIES to this Convention, Member States of the European Union, REFERRING to the Council Act of 9 March 1995, DESIRING to improve judicial cooperation between the Member States in criminal matters, with regard both to proceedings and the execution of sentences, RECOGNIZING the importance of extradition in judicial cooperation in order to achieve these objectives, CONVINCED of the need to simplify extradition procedures to the extent that this is compatible with their fundamental legal principles, including the principles of the European Convention for the Protection of Human Rights and Fundamental Freedoms, NOTING that, in a large number of extradition proceedings, the person claimed consents to his surrender, NOTING that it is desirable to reduce to a minimum, in such cases, the time necessary for the extradition and any period of detention for extradition purposes, CONSIDERING that, as a result, application of the European Convention on Extradition of 13 December 1957 should be made easier by simplifying and improving extradition procedures, CONSIDERING that the provisions of the European Convention on Extradition remain applicable for all matters not covered by this Convention, HAVE AGREED ON THE FOLLOWING PROVISIONS: Article 1 General provisions 1. The aim of this Convention is to facilitate the application, between the Member States of the European Union, of the European Convention on Extradition, by supplementing its provisions. 2. Paragraph 1 shall not affect the application of more favourable provisions in the bilateral and multilateral agreements in force between Member States. Article 2 Obligation to surrender persons Member States undertake to surrender to each other under simplified procedures as provided for by this Convention persons sought for the purpose of extradition, subject to consent of such persons and the agreement of the requested State given in accordance with this Convention. Article 3 Conditions for surrender 1. Pursuant to Article 2, any person who is the subject of a request for provisional arrest in accordance with Article 16 of the European Convention on Extradition shall be surrendered in accordance with Articles 4 to 11 and Article 12 (1) of the present Convention. 2. The surrender referred to in paragraph 1 shall not be subject to submission of a request for extradition or the documents required by Article 12 of the European Convention on Extradition. Article 4 Information to be provided 1. The following information from the requesting State shall be regarded as adequate for the information of the arrested person for the purpose of applying Articles 6 and 7 and for the competent authority referred to in Article 5 (2): (a) the identity of the person sought; (b) the authority requesting the arrest; (c) the existence of an arrest warrant or other document having the same legal effect or of an enforceable judgment; (d) the nature and legal description of the offence; (e) a description of the circumstances in which the offence was committed, including the time, place and degree of involvement of the person sought; (f) in so far as possible, the consequences of the offence. 2. Notwithstanding paragraph 1, further information may be requested if the information provided for in the said paragraph is insufficient to allow the competent authority of the requested State to give agreement to the surrender. Article 5 Consent and agreement 1. The consent of the arrested person shall be given in accordance with Articles 6 and 7. 2. The competent authority of the requested State shall give its agreement in accordance with its national procedures. Article 6 Information to be given to the person Where a person wanted for the purpose of extradition is arrested on the territory of another Member State, the competent authority shall inform that person, in accordance with its national law, of the request relating to him and of the possibility of his consent to his surrender to the requesting State under the simplified procedure. Article 7 Establishing consent 1. The consent of the arrested person and, if appropriate, his express renunciation of entitlement to the speciality rule, shall be given before a competent judicial authority of the requested State in accordance with the national law of that State. 2. Each Member State shall adopt the measures necessary to ensure that consent and, where appropriate, renunciation, as referred to in paragraph 1, are established in such a way as to show that the person concerned has expressed them voluntarily and in full awareness of the consequences. To that end, the arrested person shall have the right to legal counsel. 3. Consent and, where appropriate, renunciation, as referred to in paragraph 1, shall be recorded; the recording procedure shall be in accordance with the national law of the requested State. 4. Consent and, where appropriate, renunciation, as referred to in paragraph 1, may not be revoked. Upon deposit of their instruments of ratification, acceptance, approval or accession, Member States may indicate, in a declaration, that consent and, where appropriate, renunciation may be revoked, in accordance with the rules applicable under national law. In this case, the period between the notification of consent and that of its revocation shall not be taken into consideration in establishing the periods provided for in Article 16 (4) of the European Convention on Extradition. Article 8 Notification of consent 1. The requested State shall immediately notify the requesting State of the consent of the person. So that the requesting State may submit, where applicable, a request for extradition, the requested State shall notify it, no later than 10 days after provisional arrest, whether or not the person has given his consent. 2. Notification referred to in paragraph 1 shall be made directly between the competent authorities. Article 9 Renunciation of entitlement to the speciality rule Each Member State may declare, upon deposit of its instrument of ratification, acceptance, approval or accession, or at any other time, that the rules laid down in Article 14 of the European Convention on Extradition do not apply where the person, in accordance with Article 7 of the present Convention: (a) consents to extradition; or (b) consents to extradition and expressly renounces his entitlement to the speciality rule. Article 10 Notification of the extradition decision 1. Notwithstanding the rules laid down in Article 18 (1) of the European Convention on Extradition, the extradition decision taken pursuant to the simplified procedure and the information concerning the simplified extradition procedure shall be notified directly between the competent authority of the requested State and the authority of the requesting State which has requested provisional arrest. 2. The decision referred to in paragraph 1 shall be notified at the latest within 20 days of the date on which the person consented. Article 11 Deadline for surrender 1. Surrender shall take place within 20 days of the date on which the extradition decision was notified under the conditions laid down in Article 10 (2). 2. After the deadline laid down in paragraph 1, if the person is being held, he shall be released on the territory of the requested State. 3. Should surrender of the person within the deadline laid down in paragraph 1 be prevented by circumstances beyond its control, the authority concerned referred to in Article 10 (1) shall so inform the other authority. The two authorities shall agree on a new surrender date. In that event, surrender will take place within 20 days of the new date thus agreed. If the person in question is still being held after expiry of this period, he shall be released. 4. Paragraphs 1, 2 and 3 of this Article shall not apply in cases where the requested State wishes to make use of Article 19 of the European Convention on Extradition. Article 12 Consent given after expiry of the deadline laid down in Article 8 or in other circumstances 1. Where an arrested person has given his consent after expiry of the deadline of 10 days laid down in Article 8, the requested State: —  shall implement the simplified procedure as provided for in this Convention if a request for extradition within the meaning of Article 12 of the European Convention on Extradition has not yet been received by it, —  may use this simplified procedure if a request for extradition within the meaning of Article 12 of the European Convention on Extradition has reached it in the meantime. 2. Where no request for provisional arrest has been made, and where consent has been given after receipt of a request for extradition, the requested State may avail itself of the simplified procedure as provided for in this Convention. 3. Upon deposit of its instrument of ratification, acceptance, approval or accession, each Member State shall state whether it intends to apply paragraph 1, second indent, and paragraph 2 and, if so, under what conditions. Article 13 Re-extradition to another Member State Where the speciality rule has not been applied to the person extradited, in accordance with the declaration of the Member State provided for in Article 9 of this Convention, Article 15 of the European Convention on Extradition shall not apply to the re-extradition of this person to another Member State, unless the aforementioned declaration provides otherwise. Article 14 Transit In the event of transit under the conditions laid down in Article 21 of the European Convention on Extradition, where extradition under the simplified procedure is concerned, the following provisions shall apply: (a) in an emergency, an application containing the information required in Article 4 may be made to the State of transit by any method which leaves a written record. The State of transit may make its decision known using the same method; (b) the information referred to in Article 4 must be sufficient to enable the competent authority of the State of transit to ascertain whether extradition is under the simplified extradition procedure and to take the constraint measures needed for execution of the transit vis-à-vis the extradited person. Article 15 Determining the competent authorities Upon deposit of its instrument of ratification, acceptance, approval or accession, each Member State shall indicate in a statement which authorities are competent within the meaning of Articles 4 to 8, 10 and 14. Article 16 Entry into force 1. This Convention shall be subject to ratification, acceptance or approval. The instruments of ratification, acceptance or approval shall be deposited with the General Secretariat of the Council of the European Union. The Secretary-General of the Council shall notify all Member States of such deposit. 2. This Convention shall enter into force 90 days after the date of deposit of the instrument of ratification, acceptance or approval by the last Member State to carry out this formality. 3. Until this Convention enters into force, any Member State may, when depositing its instrument of ratification, acceptance or approval, or at any other date, declare that the Convention shall apply to it in its relations with Member States that have made the same declaration 90 days after the date of deposit of its declaration. 4. Any declaration made pursuant to Article 9 shall take effect 30 days after deposit thereof, but no earlier than the date of the entry into force of this Convention or of the application thereof of the Member State concerned. 5. This Convention shall apply only to requests submitted after the date on which it enters into force or is applied between the requested State and the requesting State. Article 17 Accession 1. This Convention shall be open to accession by any State that becomes a member of the European Union. 2. The text of this Convention in the language of the acceding State, drawn up by the General Secretariat of the Council of the European Union and approved by all the Member States, shall be equally authentic with the other authentic texts. The Secretary-General shall transmit a certified true copy of the text to each Member State. 3. The instruments of accession shall be deposited with the General Secretariat of the Council of the European Union. 4. This Convention shall enter into force with respect to any State that accedes to it 90 days after the deposit of its instrument of accession or the date of entry into force of the Convention if it has not already entered into force at the time of expiry of the said period of 90 days. 5. Where this Convention is not yet in force at the time of the deposit of their instrument of accession, Article 16 (3) shall apply to acceding Member States. 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 (COINBHINSIÚN) arna tharraingt suas ar bhonn Airteagal K.3 den Chonradh ar an Aontas Eorpach maidir le nós imeachta simplithe eiseachadta idir Bhallstáit an Aontais Eorpaigh TÁ NA hARDPHÁIRTITHE CONARTHACHA sa Choinbhinsiún seo, Ballstáit an Aontais Eorpaigh, AG TAGAIRT DÓIBH do Ghníomh ón gComhairle an 9 Márta 1995, ÓS É A MIANGAS an comhar breithiúnach in ábhair choiriúla idir na Ballstáit a fheabhsú a mhéad a bhaineann le himeachtaí agus le forghníomhú pianbhreitheanna, Á AITHINT DÓIBH a thábhachtaí atá an t-eiseachadadh i réimse an chomhair bhreithiúnaigh d'fhonn na cuspóirí sin a ghnóthú, AR BHEITH DEIMHIN DÓIBH gur gá na nósanna imeachta eiseachadta a shimpliú, a mhéad atá sin ag luí lena mbunphrionsabail dlí, lena n-áirítear prionsabail an Choinbhinsiúin Eorpaigh chun Cearta an Duine agus Saoirsí Bunúsacha a Chosaint, AG TABHAIRT DÁ nAIRE gurb amhlaidh, i mórchuid nósanna imeachta eiseachadta, go dtoilíonn an duine a mbaineann an iarraidh leis lena thabhairt suas, AG TABHAIRT DÁ nAIRE gurb inmhianta an t-am is gá don eiseachadadh agus gach tréimhse choinneála chun críocha eiseachadta a laghdú a mhéad is féidir sna cásanna sin, DE BHRÍ nach foláir dá thoradh sin cur i bhfeidhm Choinbhinsiún Eorpach an 13 Nollaig 1957 um Eiseachadadh a éascú trí na nósanna imeachta Eiseachadta a shimpliú agus a fheabhsú, DE BHRÍ go leanann forálacha an Choinbhinsiúin Eorpaigh um Eiseachadadh de bheith infheidhme ar gach ábhar nach ndéileáiltear leis sa Choinbhinsiún seo, TAR ÉIS COMHAONTÚ MAR A LEANAS: Airteagal 1 Forálacha ginearálta 1. Is é aidhm an Choinbhinsiúin seo cur i bhfeidhm an Choinbhinsiúin Eorpaigh um Eiseachadadh idir Bhallstáit an Aontais Eorpaigh a éascú trína chuid forálacha a fhorl …