Extradition (Amendment) Act, 1987

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Number 25 of 1987

EXTRADITION (AMENDMENT) ACT, 1987

ARRANGEMENT OF SECTIONS

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but for this section, proof would be required of the fact that a direction of the Attorney General under section 44A was revoked by him or that the revocation was in accordance with subsection (2) of that section or that the direction ought not to be revoked, it shall be presumed, until the contrary is proved, that the direction was revoked or that the revocation was in accordance with that subsection or that the direction ought not to be revoked, as the case may be.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.