EXTRADITION ACT : CHAPTER 94

to amend and consolidate the law relating to extradition to and from foreign and Commonwealth countries; to provide for the reciprocal backing of warrants; to repeal the Extradition and Fugitive Offenders Act and the Fugitive Offenders (Interim Provision) Act; and also to repeal the Fugitive Offenders Act, 1881, and the Extradition Acts, 1870 to 1906, of the United Kingdom, in their application to the Republic; and to provide for matters connected with and related to the foregoing.

[Parts I and IX-25th October, 1968*]

PART I
PRELIMINARY

1. Short title

This Act may be cited as the Extradition Act.*

2. Interpretation

(1) In this Act, unless the context otherwise requires-

"act" includes omission;

"authenticated", when used in relation to any document submitted by a foreign or Commonwealth country for purposes of any request or application made by such country pursuant to this Act or for the purpose of any proceedings under this Act, has the meaning attributed to it by sub-section (3) of section 54;

"conviction" and "convicted" do not include or refer to a conviction which under the law of some other country is a conviction for contumacy, but the term "accused person" includes a person convicted of contumacy;

"date of commencement", in relation to Parts I and IX, means the 25th October, 1968, and, in relation to Parts II to VIII and Part X, respectively, means the date appointed by the Attorney-General in respect of each such Part pursuant to sub-section (2) of section 1;

"declared Commonwealth country" means a country declared by an order made under section 16 to be a Commonwealth country in relation to which Part III applies;

"detention order", in relation to another country, means any order involving deprivation of liberty which has been made by a criminal court in that country in addition to or instead of a prison sentence;

"diplomatic agent" means an ambassador extraordinary and plenipotentiary, envoy extraordinary and minister plenipotentiary or charge d'affaires and includes a consular representative of a country for which no ambassador, envoy, minister or charge d'affaires has been accredited to the Republic;

"external warrant" means a judicial or other document issued under the law of, or of a part of, a country other than the Republic and authorising the apprehension of a person, and includes a warrant referred to in section 46;

"extraditable crime" means an offence against the law of the Republic for which extradition may be sought by the Republic-

(a) from any foreign country under any extradition agreement or under reciprocal facilities pursuant to Part II; or

(b) from any declared Commonwealth country pursuant to Part III;

"extraditable offence" means-

(a) an offence against the law of any foreign country for which extradition may be sought from the Republic under any extradition agreement or under reciprocal facilities pursuant to Part II; or

(b) an offence that is described in the First Schedule and for which extradition may be granted to a declared Commonwealth country pursuant to Part III;

"extradition" means the surrender of a person under the provisions of Part II or of Part III to or by a country in relation to which one of such Parts respectively applies;

"extradition agreement" has the meaning assigned to it by sub-section (1) of section 3;

"extradition provisions" means the provisions of an extradition agreement or of an order under section 3 applying Part II otherwise than in pursuance of an extradition agreement; or of an order under section 16 applying Part III in relation to a declared Commonwealth country;

"foreign country" means any State outside the Republic other than a Commonwealth country, and includes every constituent part, colony or dependency of such State;

"habeas corpus" means the writ of habeas corpus ad subjiciendum;

"imprisonment" includes deprivation of liberty under a detention order;

"magistrate", except in sub-section (3), means a senior resident magistrate or a resident magistrate;

"magistrate's court" means a subordinate court of the first class presided over by a senior resident magistrate or a resident magistrate;

"person claimed" means a person whose extradition is requested under Part II or III;

"prescribed country" means a country to which Part V applies by virtue of an order made pursuant to section 45;

"prison" includes a gaol, lock-up or other place of detention;

"requested country" means a country which, under Part II or III, as the case may be, is requested to surrender a person to the Republic for prosecution or punishment for an offence;

"sentence" includes detention under a detention order or restriction under a restriction order.

(2) This Act applies, except where otherwise provided, in relation to an offence whether committed or alleged to have been committed before or after the commencement of this Act.

(3) Where a person, who has been arrested in pursuance of the provisions of this Act, is brought before a magistrate who has no power to exercise jurisdiction under this Act, that magistrate shall have power to order such person to be brought before some magistrate having such jurisdiction and to remand or admit such person to bail, and effect shall be given to any such order.

PART II
EXTRADITION TO AND FROM FOREIGN COUNTRIES

A - APPLICATION OF THIS PART

3. Application of Part II

(1) Where by any international agreement or convention to which the Republic is a party an arrangement (in this Act referred to as an "extradition agreement") is made with a foreign country for the surrender by each country to the other of persons wanted for prosecution or punishment or where the President is satisfied that reciprocal facilities to that effect will be afforded by a foreign country, the President may, by statutory order, apply this Part in relation to that country.

(2) Where the Republic is a party to an arrangement amending an extradition agreement, the President may, by statutory order, so declare and the extradition agreement shall thereupon have effect as so amended.

(3) An order relating to an extradition agreement or an amendment thereof shall recite or embody the terms of the agreement or amendment and shall be evidence of the making of the agreement or amendment and of its terms.

(4) An order applying this Part in relation to any country otherwise than in pursuance of an extradition agreement may be made subject to such conditions, exceptions and qualifications as to its application as may be specified in the order.

(5) Every extradition agreement and every order applying this Part otherwise than in pursuance of an extradition agreement shall, subject to the provisions of this Part and of Part IV, have the force of law in accordance with its terms.

(6) The President may, by statutory order, revoke or amend any order made under this section.

(7) On the revocation of an order applying this Part in relation to any country, this Part shall cease to apply in relation to that country.

(8) Every order made under this section shall be laid before the National Assembly as soon as may be after the making thereof.

4. Extraditable offences

(1) Subject to sub-section (2), extradition under this Part shall be granted only in respect of an offence which is punishable under the laws of the requesting country and of the Republic by imprisonment for a maximum period of not less than one year or by a more severe penalty or for which, if there has been a conviction and sentence in the requesting country, imprisonment for a period of not less than four months or a more severe penalty has been imposed.

(2) If a request is made for extradition in respect of an offence to which sub-section (1) applies and the request includes also any other offence which is punishable under the laws of the requesting country and of the Republic but does not comply with the conditions as to the period of imprisonment which may be, or has been, imposed, then extradition may, subject to the provisions of this Part, be granted also in respect of the latter offence.

(3) In this section, any reference to an offence punishable under the laws of the Republic shall be construed as including references to an act which, if it had been committed in the Republic, would constitute such an offence.

B - EXTRADITION TO FOREIGN COUNTRIES

5. Obligation to extradite

Where a country in relation to which this Part applies duly requests the surrender of a person who is being proceeded against in that country for an offence or who is wanted by that country for the carrying out of a sentence, that person shall, subject to and in accordance with the provisions of this Part and of Part IV, be surrendered to that country.

6. Request for extradition

(1) A request for the extradition of any person under this Part shall be made in writing to the Attorney-General and shall be communicated by-

(a) a diplomatic agent of the requesting country, accredited to the Republic; or

(b) any other means provided in the relevant extradition provisions.

[S 6 renumbered as s 6(1) by s 2(a) of Act 15 of 2020.]

(2) The Attorney-General may apply simplified extradition measures where the person sought by a requesting State consents before a Magistrate to be surrendered to that State.

[S 6(2) ins by s 2(b) of Act 15 of 2020.]

(3) The Attorney-General may, by statutory instrument, prescribe measures for simplified extradition and for monitoring the execution of a request made under this section.

[S 6(3) ins by s 2(b) of Act 15 of 2020.]

7. Documents to support request

A request for extradition under this Part shall be accompanied by the following documents-

(a) the original or an authenticated copy of the conviction and sentence immediately enforceable or, as the case may be, of the external warrant or other order having the same effect and issued in accordance with the procedure laid down in the law of the requesting country;

(b) a statement of each offence for which extradition is requested specifying, as accurately as possible, the time and place of commission, its legal description and a reference to the relevant provisions of the law of the requesting country;

(c) a copy of the relevant enactments of the requesting country or, where this is not possible, a statement of the relevant law; and

(d) as accurate a description as possible of the person claimed, together with any other information which will help to establish his identity and nationality.

8. Warrant of arrest

(1) If the Attorney-General receives a request made in accordance with this Part for the extradition of any person he shall, subject to the provisions of this section, signify to a magistrate that the request has been made and order the magistrate to issue a warrant for the arrest of that person and the magistrate shall issue a warrant accordingly.

(2) A warrant issued under this section may be executed in any part of the Republic and it shall not be necessary to have it endorsed by a magistrate exercising jurisdiction in the place where it is to be executed.

(3) If the Attorney-General is of opinion that the information communicated to him in pursuance of section 7 is insufficient, he may request the requesting country to furnish such further information as he thinks proper and may fix a time limit for the receipt thereof.

(4) The Attorney-General shall refuse extradition if he is of opinion that the case is one in which extradition is prohibited under any provision of this Part or of Part IV or under the relevant extradition provisions.

(5) A person arrested under a warrant issued under this section shall be informed, in a language that he understands, of the reasons for his arrest and detention and shall be brought before a magistrate as soon as practicable.

(6) The provisions of section 29 pertaining to the seizure and handing over of property of the person claimed shall apply to the execution of a warrant under this section.

9. Provisional warrant

(1) A magistrate, if he so thinks proper, may, without an order of the Attorney-General under section 8, issue a provisional warrant for the arrest of any person on the sworn information of a police officer not below the rank of Assistant Superintendent that a request for the provisional arrest of that person has been made, on the ground of urgency, on behalf of a country in relation to which this Part applies and on being satisfied that the request complies with the requirements of this section.

(2) A request for the provisional arrest of any person shall-

(a) state that one of the documents mentioned in paragraph (a) of section 7 exists in respect of that person and that it is intended to send a request for his extradition;

(b) specify the nature of the offence and the time at which and the place where the offence is alleged to have been committed; and

(3) A request for provisional arrest may be transmitted by post or telegraph or by any other means affording evidence in writing of the making of such request.

(4) Where a magistrate issues a warrant under sub-section (1) he shall forthwith inform the Attorney-General of the issue of the warrant and the Attorney-General may, if he is of opinion that the case is one in which extradition is prohibited under the provisions of this Part or of Part IV or of the relevant extradition provisions, order the warrant to be cancelled and the person arrested thereunder to be discharged.

(5) A warrant issued under this section may be executed in any part of the Republic and it shall not be necessary to have it endorsed by a magistrate exercising jurisdiction in the place where it is to be executed.

(6) A person arrested under a warrant issued under this section shall be informed, in a language that he understands, of the reasons for his arrest and detention and shall, unless the warrant is cancelled under sub-section (4), be brought, as soon as practicable, before a magistrate, and the magistrate shall remand the said person, either in custody or on bail, pending the receipt from the Attorney-General of a notice or order signifying that the request for extradition has been duly received, or ordering the release of that person under section 30, and for this purpose the magistrate shall have the same powers of remand as if that person were brought before him on a preliminary inquiry.

(7) If, within the period of 18 days after such person's arrest, no such notice or order, as is referred to in sub-section (6), is received, he shall be released.

(8) The release of any person under sub-section (4) or (7) shall not prejudice his re-arrest and extradition if a request for his extradition is afterwards made.

10. Committal or discharge of person whose extradition is requested

(1) Where a person claimed is before a magistrate pursuant to section 8 or 9 and-

(a) there is adduced before such magistrate-

(i) in the case of a person who is accused of an extraditable offence, such evidence as would, in the opinion of the magistrate, according to the law, justify the committal for trial of the person if the act constituting that offence had taken place in the Republic; or

(ii) in the case of a person who is alleged to have been convicted of an extraditable offence, sufficient evidence to satisfy the magistrate that the person had been convicted of that offence and is unlawfully at large; and

(b) the magistrate is satisfied, after hearing any evidence tendered by the person, that-

(i) the extradition of that person has been duly requested; and

(ii) this Part applies in relation to the requesting country; and

(iii) extradition of the person claimed is not prohibited by this Part or Part IV or by the relevant extradition provisions; and

(iv) the documents required to accompany a request for extradition under section 7 have been produced;

the magistrate shall make an order committing that person to a prison there to await the warrant of the Attorney-General for his surrender to the requesting country and shall forward a copy of such committal order to the Attorney-General.

(2) The magistrate may, if of opinion that the information communicated under section 7 is insufficient to enable a decision to be made, adjourn the hearing for such period as the magistrate thinks proper to enable information to be produced and, pending consideration of the case, the magistrate shall have the same powers of adjournment and remand as if the person claimed were brought before him on a preliminary inquiry.

(3) If after hearing the evidence adduced the magistrate is not satisfied that extradition should be granted under this Act in the case of the person claimed, he shall order that the person claimed be discharged and shall forthwith notify the Attorney-General in writing of the making of such order and of his reasons therefor.

11. Lapse of time before surrender

A person committed under section 10 shall not, except with his consent, given before a magistrate, be surrendered to the requesting country until the expiration of 15 days from the date of his committal or until the conclusion of any habeas corpus proceedings brought by him or on his behalf or the determination of any request made pursuant to an application under sub-section (2) of section 31, whichever is the later.

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