Extradition (Amendment) Act, 1987

In short

This law amends the Extradition Act, 1965, and the Extradition (European Convention on the Suppression of Terrorism) Act, 1987, primarily by introducing new conditions and procedures for extradition requests.

What it regulates

The conditions under which a warrant for arrest can be endorsed for execution in extradition cases.
The circumstances in which the Attorney General can direct against or revoke a direction against the endorsement of an arrest warrant.
The application of rules regarding specialty and re-extradition for persons delivered under Part III of the Principal Act.
Prohibits certain communications intended to influence decisions made by the Attorney General regarding extradition.

Who it concerns

The Attorney General and the Director of Public Prosecutions.
Persons accused of offences for whom an extradition warrant has been issued.
The Government, which must report annually to the Houses of Oireachtas.

Key points

A warrant for arrest will not be endorsed for execution if the Attorney General directs against it (Section 44A).
The Attorney General must give such a direction unless there is a clear intention to prosecute based on sufficient evidence (Section 44B).
It is unlawful to communicate with certain persons to influence a decision to give a direction under Section 44A, except for proper communication of relevant information (Section 4).
The Act has a duration of 12 months from its passing, unless extended by a resolution from each House of the Oireachtas (Section 7(4)).

Legal text

Extradition (Amendment) Act, 1987 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.

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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 1987 Extradition (Amendment) Act, 1987 Extradition (Amendment) Act, 1987 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 25 of 1987 EXTRADITION (AMENDMENT) ACT, 1987 ARRANGEMENT OF SECTIONS Section 1. “the Principal Act”. 2. Amendment of Part III of Principal Act. 3. Rule of specialty and re-extradition for purposes of Part III of Principal Act. 4. Prohibition of certain communications in relation to decisions under section 44A of Principal Act. 5. Performance of certain functions of Attorney General. 6. Annual report to Houses of Oireachtas. 7. Short title, collective citation, construction and duration. Acts Referred to Extradition Act, 1965 1965, No. 17 Extradition Acts, 1965 and 1987 Extradition (European Convention on the Suppression of Terrorism) Act, 1987 1987, No. 1 Prosecution of Offences Act, 1974 1974, No. 22 Number 25 of 1987 EXTRADITION (AMENDMENT) ACT, 1987 AN ACT TO AMEND THE EXTRADITION ACTS, 1965 AND 1987. [14th December, 1987] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: “the Principal Act”. 1.—In this Act “the Principal Act” means the Extradition Act, 1965 . Amendment of Part III of Principal Act. 2.—

(1)Part III of the Principal Act is hereby amended— (a) by the insertion of the following sections after section 44: “44A.—

(1)A warrant for the arrest of a person accused of an offence under the law of a place in relation to which this Part applies shall not be endorsed for execution under this Part if the Attorney General so directs.

(2)A direction of the Attorney General under this section may be revoked by the Attorney General at any time if he becomes of the opinion referred to in section 44B. 44B.—A direction of the Attorney General under section 44A shall be given unless the Attorney General, having considered such information as he deems appropriate, is of opinion that— (

a)there is a clear intention to prosecute or, as the case may be, to continue the prosecution of, the person named or described in the warrant concerned for the offence specified therein in a place in relation to which this Part applies, and (
b)such intention is founded on the existence of sufficient evidence. 44C.—

(1)In any proceedings in which, but for this section, proof would be required of the fact that, in relation to a warrant referred to in section 44A, a direction of the Attorney General under that section was not given, it shall be presumed, until the contrary is proved, that such a direction was, in accordance with that section and section 44B, not given and not required to be given in relation to the warrant.

(2)In any proceedings in which, but for this section, proof would be required of the fact that 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 that the direction ought not to be revoked, it shall be presumed, until the contrary is proved, that the direction was revoked or that the revocation was in accordance with that subsection or that the direction ought not to be revoked, as the case may be.

(3)In any proceedings in which, but for this section, proof would be required of the fact that, in relation to a warrant referred to in section 44A 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. 44D.—Section 44A shall not apply to a warrant for the arrest of a person if or insofar as it relates to an offence for which he has been ordered by a judicial authority, following an examination of the evidence, to stand trial.”, (b) by the insertion of the following paragraph in subsection

(2)of section 50 after paragraph (

bb)(inserted by the Extradition (European Convention on the Suppression of Terrorism) Act, 1987 ): “(bbb) by reason of the lapse of time since the commission of the offence specified in the warrant or the conviction of the person named or described therein of that offence and other exceptional circumstances, it would, having regard to all the circumstances, be unjust, oppressive or invidious to deliver him up under section 47, or”, and (
c)by the insertion of the following subsection in section 55 after subsection

(2): “

(3)In any proceedings in the District Court in relation to a warrant referred to in section 44A, it shall not be necessary to prove that— (

a)a direction of the Attorney General was, in accordance with that section and section 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.”.

(2)The amendments specified in subsection

(1)of this section shall have effect as respects warrants referred to in section 44A (inserted by this section) of the Principal Act that have not been endorsed under section 43 of that Act before the passing of this Act. Rule of specialty and re-extradition for purposes of Part III of Principal Act. 3.—

(1)The Minister may, with such adaptations and modifications as he considers necessary or expedient, by order apply the provisions of section 20 and subsections

(1)and

(2)of section 21 of the Principal Act (which provide that extradition shall not be granted under Part II of the Principal Act unless provision for certain matters is made by the law of the requesting country or by the extradition agreement in question) in relation to the delivery of a person under Part III of the Principal Act into the custody of a member of a police force of a place in relation to which that Part applies.

(2)The Minister may, with such adaptations and modifications as he considers necessary or expedient, by order apply the provisions of sections 21

(3)and 39 of the Principal Act (which provide that, subject to certain exceptions, a person who has been extradited to the State by a requested country shall not be proceeded against, sentenced or imprisoned for any offence committed prior to his surrender other than the offence for which he was surrendered, and shall not be extradited to a third country for any offence committed prior to his surrender) in relation to a person who has been surrendered to the State under a law corresponding to Part III of the Principal Act.

(3)The Minister may by order amend or revoke an order under this section including an order under this subsection.

(4)Every order made by the Minister under this section 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 has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. Prohibition of certain communications in relation to decisions under section 44A of Principal Act. 4.—

(1)(

a)Subject to paragraph (
b)of this subsection, it shall not be lawful to communicate with a person referred to in section 6

(1)of the Prosecution of Offences Act, 1974 , for the purpose of influencing the making of a decision to give a direction under section 44A (inserted by this Act) of the Principal Act. (

b)Paragraph (
a)of this subsection does not apply to the proper communication of information relevant, for the purposes of paragraphs (
a)and (
b)of section 44B (inserted by this Act) of the Principal Act, to the giving of a direction under the said section 44A.

(2)If a person referred to in subsection

(1)of this section becomes of opinion that a communication is in breach of that subsection, it shall be the duty of the person not to entertain the communication further. Performance of certain functions of Attorney General. 5.—

(1)The Attorney General may direct the Director of Public Prosecutions or an officer (being either a barrister or a solicitor) of the Attorney General designated by him to perform his functions under sections 44A and 44B (inserted by this Act) of the Principal Act during a period of illness or absence of the Attorney General.

(2)The Attorney General may, without prejudice to anything previously done thereunder, revoke a direction under this section at any time.

(3)Subsection

(1)of section 4 of the Prosecution of Offences Act, 1974 , shall not apply to the functions of the Attorney General under the said sections 44A and 44B but the reference in subsection

(3)of the said section 4 to subsection

(1)of that section shall include a reference to subsection

(1)of this section.

(4)References to the Attorney General in the Principal Act shall be construed in accordance with any direction for the time being in force under this section. Annual report to Houses of Oireachtas. 6.—The Government shall, as soon as may be after the 1st day of January in each year beginning with the year 1989, make a report to each House of the Oireachtas on the operation in the preceding year of Part III of the Principal Act. Short title, collective citation, construction and duration. 7.—

(1)This Act may be cited as the Extradition (Amendment) Act, 1987.

(2)The Extradition Acts, 1965 and 1987, and this Act may be cited together as the Extradition Acts, 1965 to 1987.

(3)The Extradition Acts, 1965 and 1987, and this Act shall be construed together as one.

(4)This Act shall expire on the day that is 12 months after the date of its passing unless a resolution is passed by each House of the Oireachtas before that day declaring that it should continue in operation after that day. 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

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