Extradition (Amendment) Act, 1994

Extradition (Amendment) Act, 1994 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 1994 Extradition (Amendment) Act, 1994 Extradition (Amendment) Act, 1994 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 Print Full ActPriontáil an tAcht Iomlán Number 6 of 1994 EXTRADITION (AMENDMENT) ACT, 1994 ARRANGEMENT OF SECTIONS Section

Section 1

Interpretation.

Section 2

Amendment of Extradition (European Convention on the Suppression of Terrorism) Act, 1987.

Section 3

Amendment of section 3 of Principal Act.

Section 4

Proceedings before judge of District Court assigned to Dublin Metropolitan District.

Section 5

Admission to bail by High Court.

Section 6

Execution of certain warrants by members of Garda Síochána not in possession of the warrants.

Section 7

Amendment of section 26 of Principal Act.

Section 8

Amendment of section 27 of Principal Act.

Section 9

Amendment of section 29 of Principal Act.

Section 10

Amendment of section 43 of Principal Act.

Section 11

Amendment of section 44C of Principal Act.

Section 12

Amendment of section 47 of Principal Act.

Section 13

Amendment of section 49 of Principal Act.

Section 14

Amendment of section 55 of Principal Act.

Section 15

Time for making reports under section 6 of Extradition (Amendment) Act, 1987.

Section 16

Repeals.

Section 17

Short title, collective citation, construction and commencement.

FIRST SCHEDULE SECOND SCHEDULE Number 6 of 1994 EXTRADITION (AMENDMENT) ACT, 1994 AN ACT TO AMEND AND EXTEND THE EXTRADITION ACTS, 1965 TO 1987. [5th April, 1994] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

1.—(1) In this Act “the Principal Act” means the Extradition Act, 1965 .

Amendment of Extradition (European Convention on the Suppression of Terrorism) Act, 1987.

2.—Section 3 (certain offences not to be regarded as political offences) of the Extradition (European Convention on the Suppression of Terrorism) Act, 1987 , shall be amended— (a) in subsection (3) (a), by the substitution of the following subparagraphs for subparagraph (vi): “(vi) any serious offence (other than an offence to which subparagraphs (i) to (v) apply)— (I) involving an act of violence against the life, physical integrity or liberty of a person, or (II) involving an act against property if the act created a collective danger for persons, and (vii) any offence of attempting or conspiring to commit any of the foregoing offences.”, and (b) by the insertion of the following subsection after subsection (3): “(3A) Without prejudice to subsection (3), this section applies to any offence which, if the act constituting the offence took place in the State, would be an offence specified in the First Schedule to the Extradition (Amendment) Act, 1994.”.

Amendment of section 3 of Principal Act.

3.—Section 3 (interpretation) of the Principal Act shall be amended— (a) by the substitution of the following definitions for the definitions of “political offence” and “revenue offence”: “‘political offence’ does not include the taking or attempted taking of the life of a Head of State or a member of his family 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; ‘revenue offence’, in relation to any country or place outside the State, means an offence in connection with taxes, duties 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;”, and (b) by the insertion of the following definition before the definition of “the Minister”: “‘judge of the District Court assigned to the Dublin Metropolitan District’ means the President of the District Court and any other judge of the District Court assigned to the Dublin Metropolitan District nominated for the purposes of this Act by the President of the District Court;”.

Proceedings before judge of District Court assigned to Dublin Metropolitan District.

4.—(1) For the purpose of requiring certain proceedings under the Principal Act to be heard before a judge of the District Court assigned to the Dublin Metropolitan District, the Principal Act shall be amended as follows: (a) the following section shall be substituted for section 31: “Lapse of time before surrender.

Admission to bail by High Court.

5.—The Principal Act shall be amended by the insertion of the following section after section 7: “7A.—A person arrested under Part II or III of this Act shall not be admitted to bail except by order of the High Court.”.

Execution of certain warrants by members of Garda Síochána not in possession of the warrants.

6.—For the purpose of enabling certain warrants issued or endorsed under the Principal Act to be executed by a member of the Garda Síochána notwithstanding that he is not in possession of the warrants, the Principal Act shall be amended as follows: (a) in section 26 (warrant of arrest), the following subsection shall be substituted for subsection (2): “(2) A warrant issued under this section may be executed by any member of the Garda Síochána in any part of the State and may be so executed notwithstanding that it is not in the possession of the member at the time; and the warrant shall be shown to, and a copy of same given to, the person arrested at the time of such arrest or, if the warrant is not then in the possession of the member, within 24 hours thereafter.”, (b) in section 27 (provisional arrest), the following subsection shall be substituted for subsection (4): “(4) A warrant issued under this section may be executed by any member of the Garda Síochána in any part of the State and may be so executed notwithstanding that it is not in the possession of the member at the time; and the warrant shall be shown to, and a copy of same given to, the person arrested at the time of such arrest or, if the warrant is not then in the possession of the member, within 24 hours thereafter.”, and (c) in section 45 (execution of warrants), the following subsection shall be substituted for subsection (1): “(1) A warrant endorsed under section 43 may be executed by any member of the Garda Síochána in any part of the State and may be so executed notwithstanding that it is not in the possession of the member at the time; and the warrant shall be shown to, and a copy of same given to, the person arrested at the time of such arrest or, if the warrant is not then in the possession of the member, within 24 hours thereafter.”.

Amendment of section 26 of Principal Act.

7.—Section 26 (warrant of arrest) of the Principal Act shall be amended— (a) by the substitution of the following subsection for subsection (1): “(1) (a) If the Minister receives a request made in accordance with this Part for the extradition of any person, he shall, subject to the provisions of this section, certify that the request has been made. (b) On production to a judge of the District Court assigned to the Dublin Metropolitan District of a certificate of the Minister under paragraph (a) stating that a request referred to in that paragraph has been made, the judge shall issue a warrant for the arrest of the person concerned unless a warrant for his arrest has been issued under section 27.”, and (b) by the substitution of the following subsections for subsection (5): “(5) A person arrested under a warrant issued under this section shall be brought as soon as may be before a judge of the District Court assigned to the Dublin Metropolitan District.

Amendment of section 27 of Principal Act.

8.—Section 27 (provisional arrest) of the Principal Act shall be amended— (a) by the substitution of the following subsection for subsection (1): “(1) A judge of the District Court may, without a certificate of the Minister under section 26 (1) (a), issue a warrant for the arrest of any person on the sworn information of a member of the Garda Síochána not below the rank of inspector that a request for the provisional arrest of that person has been made, on the ground of urgency, on behalf of a country in relation to which this Part applies and on being satisfied that the request complies with the requirements of this section.”, (b) by the substitution of the following subsections for subsections (6) and (7): “(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 District Court assigned to the Dublin Metropolitan District and the judge shall remand the said person in custody pending the production of a certificate of the Minister under section 26 (1) (a) stating that the request for extradition has been duly made or the release of that person under section 35, and for this purpose, subject to section 7A (inserted by the Extradition (Amendment) Act, 1994), the judge shall have the same powers of remand as if that person were brought before him charged with an indictable offence.

Amendment of section 29 of Principal Act.

9.—Section 29 (committal or discharge of a person whose extradition is requested) is hereby amended by the substitution of the following subsection for subsection (2): “(2) Subject to section 7A (inserted by the Extradition (Amendment) Act, 1994), the Court shall have the same powers of adjournment and remand as if the person concerned were brought before the court charged with an indictable offence.”.

Amendment of section 43 of Principal Act.

10.—Section 43 (endorsement of warrants) of the Principal Act shall be amended by the substitution of the following paragraph for paragraph (b) of subsection (1): “(b) on production of the warrant to the Commissioner of the Garda Síochána it appears to the Commissioner that the person named or described therein may be found in the State or may intend to enter the State,”.

Amendment of section 44C of Principal Act.

11.—Section 44C (presumption in relation to direction of Attorney General) (inserted by the Extradition (Amendment) Act, 1987 ) of the Principal Act shall be amended by the substitution of the following subsection for subsection (3): “(3) In any proceedings in which, but for this section, proof would be required of the fact that, in relation to a warrant issued by a judicial authority in a place in relation to which this Part applies or the person named or described in such a warrant, a direction of the Minister under this Part was not given, it shall be presumed, until the contrary is proved, that such a direction was, in accordance with this Part, not given and not required to be given in relation to the warrant or, as the case may be, the person.”.

Amendment of section 47 of Principal Act.

12.—Section 47 (proceedings before District Court) shall be amended— (a) by the substitution of the following subsections for subsection (1): “(1) Where a person named or described in a warrant is before the District Court in pursuance of this Part, that Court shall, subject to the provisions of this Part, make an order for his delivery into the custody of a member of a police force of the place in which the warrant was issued, for conveyance to that place, and remand him until so delivered. (1A) Subject to the provisions of this Part, a person in whose case an order is made under subsection (1) shall be brought by the Garda Síochána as soon as may be to a point of departure from the State and there delivered into the custody of a member of the police force of the place in which the warrant concerned was issued for conveyance to that place.”, and (b) by the substitution of the following subsection for subsection (4): “(4) Subject to section 7A (inserted by the Extradition (Amendment) Act, 1994), the Court shall have the same powers of adjournment and remand as if the person concerned were brought before the Court charged with an indictable offence.”.

Amendment of section 49 of Principal Act.

13.—Section 49 (provisional warrants) of the Principal Act shall be amended as follows: (a) the following paragraph shall be substituted for paragraph (c) of subsection (1): “(c) that he has reason to believe that the person may be found in the State or may intend to enter the State,”, and (b) the following subsections shall be substituted for subsections (5), (6) and (8): “(5) If there is produced to the judge of the District Court assigned to the Dublin Metropolitan District the warrant issued for his arrest in a place in relation to which this Part applies, endorsed in accordance with section 43, the judge shall proceed as if he had been arrested at that time under that warrant.

Amendment of section 55 of Principal Act.

14.—Section 55 (evidence in proceedings) of the Principal Act shall be amended by the substitution of the following subsection for subsection (3) (inserted by the Extradition (Amendment) Act, 1987 ): “(3) In any proceedings in the District Court in relation to a warrant issued by a judicial authority in a place in relation to which this Part applies, it shall not be necessary to prove that— (a) a direction of the Attorney General was, in accordance with sections 44A and 44B, not given or not required to be given under section 44A in relation to the warrant, or (b) a direction of the Attorney General under section 44A was revoked by him or that the revocation was in accordance with subsection (2) of that section, or (c) a direction of the Minister was, in accordance with this Part, not given or not required to be given in relation to the warrant or the person named or described in the warrant.”.

Time for making reports under section 6 Extradition (Amendment) Act, 1987.

15.—The report under section 6 of the Extradition (Amendment) Act, 1987 , in relation to any year beginning with the year 1993 shall be made not later than the 31st day of December in the following year.

Repeals.

16.—The enactments specified in the Second Schedule to this Act are hereby repealed to the extent specified in column (3) of that Schedule.

Short title, collective citation, construction and commencement.

17.—(1) This Act may be cited as the Extradition (Amendment) Act, 1994.

FIRST SCHEDULE Offences to which section 3 of Extradition (European Convention on the Suppression of Terrorism) Act, 1987, applies

Section 2

.

Common law offences 1. Murder.

Offences against the person 6. Any offence under the following provisions of the Offences against the Person Act, 1861 — (a) section 18 (wounding with intent to cause grievous bodily harm); (b) section 20 (causing grievous bodily harm).

Explosives 7. Any offence under the following provisions of the Explosive Substances Act, 1883 — (a) section 2 (causing explosion likely to endanger life or damage property); (b) section 3 (possession etc. of explosive substances); (c) section 4 (making or possessing explosives in suspicious circumstances).

Firearms 8. Any offence under section 15 of the Firearms Act, 1925 (possessing firearm or ammunition with intent to endanger life or cause serious injury to property).

Robbery and burglary 10. Any offence under the following provisions of the Larceny Act, 1916 — (a) section 23 (robbery); (b) section 23B (aggravated burglary).

Criminal damage 11. Any offence under section 2 (2) (damaging property with intent to endanger life or being reckless as to danger to life) of the Criminal Damage Act, 1991 .

Offences in relation to aircraft and vehicles 12. Any offence under section 11 of the Air Navigation and Transport Act, 1973 (unlawful seizure of aircraft).

Accomplices 15. References in this Schedule to an offence include references to participation as an accomplice of a person who commits the offence.

Attempts and conspiracy 16. An offence of attempting or conspiring to commit any offence mentioned in a preceding paragraph of this Schedule.

SECOND SCHEDULE Enactments Repealed Number and Year Short Title Extent of Repeal

(1)

(2)

Extradition Act, 1965.

Section 28

; Subsection (3) of section 45 ;

Section 46; Subsection (4) of section 49;

Subsections (2), (2A) (inserted by the Criminal Procedure Act, 1967 ), (3), (4) and (5) of section 52.

No. 1 of 1987.

Extradition (European Convention on the Suppression of Terrorism) Act, 1987 .

In section 3

Section 4

;

In section 11, the words “or section 4”.

Acts Referred to Extradition Act, 1870 1870, c.52 Extradition Act, 1873 1873, c.60 Extradition Act, 1965 1965, No. 17 Extradition (Amendment) Act, 1987 1987, No. 25 Extradition (European Convention on the Suppression of Terrorism) Act, 1987 1987, No. 1 Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais