Criminal Justice (Mutual Assistance) Act 2008
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General restriction on providing assistance. |
3.— (1) Assistance shall be refused— | |
(a) if the Minister considers that providing assistance would be likely to prejudice the sovereignty, security or other essential interests of the State or would be contrary to public policy (ordre public), | ||
(b) if there are reasonable grounds for believing— | ||
(i) that the request concerned was made for the purpose of prosecuting or punishing a person on account of his or her sex, race, religion, ethnic origin, nationality, language, political opinion or sexual orientation, | ||
(ii) that providing assistance— | ||
(I) may prejudice a person’s position for any of those reasons, or | ||
(II) may result in the person being subjected to torture or to any other contravention of the European Convention on Human Rights, | ||
(c) if the request is not in accordance with the relevant international instrument, or | ||
(d) if, and for as long as, the provision of assistance would prejudice a criminal investigation, or criminal proceedings, in the State, | ||
and may be refused on any other ground of refusal of assistance specified in the relevant international instrument. | ||
(2) In this section, “ torture” has the meaning given to it by the Criminal Justice (United Nations Convention against Torture) Act 2000 . |