Extradition (European Union Conventions) Act, 2001

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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.”.