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Discontinuance of proceedings at international tribunal's request.
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28.—(1) The Minister shall transmit to the High Court any request made to him or her by an international tribunal, in accordance with its statute and rules, that any court in the State or any military tribunal defer to the international tribunal's competence by discontinuing proceedings commenced in that court or military tribunal.
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(2) After receiving the request, the High Court may order the discontinuance of the proceedings if it is satisfied—
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(a) that the request relates to proceedings under the Extradition Acts, 1965 to 1994,
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(b) that the request relates to proceedings commenced in a court in the State under the State's extra-territorial jurisdiction in connection with an indictable offence of which the accused has not yet been convicted and that the conduct constituting the indictable offence also constitutes an international tribunal crime, or
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(c) that the request relates to proceedings commenced in a military tribunal under the State's extra-territorial jurisdiction in connection with an offence of which the accused has not yet been convicted and that the conduct constituting the offence also constitutes an international tribunal crime.
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(3) Where it orders that proceedings be discontinued, the High Court may make such other orders as are appropriate to give effect to the request, including the revocation of any warrant of arrest issued in connection with the proceedings.
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(4) For the purpose of considering a request received under this section, the High Court may order the adjournment of the proceedings for such period or periods, and on such conditions, as it thinks fit.
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(5) The discontinuance of any proceedings under this section shall not of itself prevent—
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(a) the commencement of fresh proceedings in a court in the State, or a military tribunal, for the same offence, or
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(b) the re-commencement of proceedings under the Extradition Acts, 1965 to 1994, for the same offence.
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