Extradition Act

Chapter 78

This is the latest version of this Act.
Citation
Chapter 78
Date
Language
English
Type
Act
Related documents
Seychelles

Extradition Act

Chapter 78

  • Commenced on 1 July 1995
  • [This is the version of this document from 5 March 2021.]
  • [Note: The original publication document is not available and this content could not be verified.]
  1. [Amended by Extradition (Amendment) Act, 2021 (Act 4 of 2021) on 5 March 2021]
[Act 16 of 1991; S.I. 45 of 1995]

Part I – Preliminary

1. Short title and commencement

This Act may be cited as the Extradition Act.

2. Interpretation

In this Act—"authority to proceed" means an authority to proceed under section 7;"designated Commonwealth country" means a Commonwealth country, other than the Republic, in respect of which an order has been made under section 3;"designated foreign state" means a foreign country, other than a designated Commonwealth country, in respect of which an order has been made under section 3;"extraditable offence" means an offence described in section 4;"fugitive offender" means a person who is accused or has been convicted of an extraditable offence committed within the jurisdiction of, or part of, the Republic or a designated Commonwealth country or foreign state, as the case may be, and is or suspected of being in the Republic or a designated Commonwealth country or foreign state, as the case may be;"Interpol" means the International Criminal Police Organisation;“Minister” means the Minister responsible for legal affairs;[definition of “Minister” inserted by section 2(a)(i) of Act 4 of 2021]"person committed" means a person committed to custody to await extradition;“terrorist financing activities” shall have the meaning assigned to it in section 2 of the Anti-Money Laundering and Countering the Financing of Terrorism Act, 2020 (Act 5 of 2020);[definition of “terrorist financing activities” inserted by section 2(a)(ii) of Act 4 of 2021]"treaty" means any agreement, arrangement or treaty from time to time in force between the Republic and a foreign state for the extradition of fugitive offenders which is in conformity with this Act and includes—"extraditable offence" means an offence described in section 4;"fugitive offender" means a person who is accused or has been convicted of an extraditable offence committed within the jurisdiction of, or part of, the Republic or a designated Commonwealth country or foreign state, as the case may be, and is or suspected of being in the Republic or a designated Commonwealth country or foreign state, as the case may be;"Interpol" means the International Criminal Police Organisation;"person committed" means a person committed to custody to await extradition;"treaty" means any agreement, arrangement or treaty from time to time in force between the Republic and a foreign state for the extradition of fugitive offenders which is in conformity with this Act and includes—(a)any treaty between the United Kingdom and a foreign state relating to the extradition of fugitive offenders prior to the 29th June, 1976 which was extended to the Republic, and which continues to bind the Republic after the 29th June, 1976 and was in force immediately before the commencement of this Act; and(b)any treaty between the Republic and any foreign state relating to extradition of fugitive offenders in force prior to the commencement of this Act;"warrant of arrest" includes, unless otherwise specified, a provisional warrant of arrest.

Part II – Designated countries and states, extraditable offences and extraditable persons

3. Designated Commonwealth country and foreign state

(1)The Minister may, by Order published in the Gazette declare that this Act shall apply, subject to such modification, limitation or condition as may be specfied in the Order, in respect of—
(a)a Commonwealth country,
(b)where there is a treaty between the Republic and a foreign state, the foreign state,
specified in the Order.
(2)An Order made under subsection (1) in respect of a foreign state shall recite or embody the terms of the treaty and shall be coterminous with the treaty.
(3)Where an Order is made under subsection (1) in respect of a foreign state, the treaty between the Republic and the foreign state shall be read subject to this Act.
(4)Where an Order is made under subsection (1)—
(a)the Order shall be conclusive evidence that this Act applies in relation to the designated Commonwealth country or foreign state named in the Order; and
(b)the validity of the Order shall not be questioned in any legal proceedings whatsoever.
(5)For the purposes of this section a treaty entered into between the United Kingdom and a foreign state prior to the 29th June, 1976 relating to extradition of fugitive offenders which was extended to the Republic and which continues to bind the Republic after the 29th June, 1976 and was in force immediately before the commencement of this Act shall be deemed to be a treaty between the foreign state and the Republic.

4. Extraditable offences

(1)For the purposes of this Act, an offence of which a person is accused or was convicted in a designated Commonwealth country or foreign state is an extraditable offence if—
(a)it is an offence against the law of the Commonwealth country or foreign state which, however described in the law, falls within any description set out in the First Schedule and is punishable under the law of the Commonwealth country or foreign state, as the case may be, with death or imprisonment for a term of not less than twelve months; and
(b)the facts constituting the offence would constitute, in the Republic, an offence falling within any description set out in the First Schedule under a written law.
(2)In determining for the purposes of this section whether an offence against the law of a designated Commonwealth country or foreign state falls within any description set out in the First Schedule, any special intent or state of mind or special circumstances of aggravation which may be necessary to constitute the offence under the law of the Commonwealth country or foreign state shall be disregarded.
(3)The description of each of the offences set out in the First Schedule includes the offences of attempting or conspiring to commit, of assisting, counselling or procuring the commission of or being accessory before or after the fact to the offence, and of impeding the apprehension or prosecution of a person guilty of the offence.
(4)Reference in this section to the law of a designated Commonwealth country or foreign state includes reference to the law of any part of the Commonwealth country or foreign state.
(5)Notwithstanding any other law in force,—
(a)the offence of money laundering under section 3 of the Anti-Money Laundering and Countering the Financing of Terrorism Act, 2020 (Act 5 of 2020);
(b)an offence relating to terrorist financing activities as defined under section 2 of the Anti-Money Laundering and Countering the Financing of Terrorism Act, 2020 (Act 5 of 2020);
(c)an offence relating to terrorist financing activities under section 5 of the Prevention of Terrorism Act (Cap. 179),
shall be extraditable offences for the purposes of this Act.[subsection (5) added by section 2(a)(iii) of Act 4 of 2021]

5. Persons liable to be extradited from Seychelles

(1)Subject to this Act, a person found in the Republic—
(a)who is accused of an extraditable offence; or
(b)who is alleged to be unlawfully at large after conviction of an extraditable offence,
in a designated Commonwealth country or foreign state may be arrested and returned to the designated Commonwealth country or foreign state by or on behalf of which the request for extrdition was made.
(2)Subsection (1) applies whether or not the extraditable offence of which a person is accused or was convicted was committed before or after the commencement of this Act.

6. Restrictions on extradition

(1)A person shall not be extradited, or committed or kept in custody for the purpose of extradition, from the Republic if it appears to the Attorney-General, the Magistrates' court in proceedings under section 11 or the Second Schedule, the Supreme Court on a review under section 13 or an application for habeas corpus or the Court of Appeal on an appeal under section 14—
(a)that the offence of which the person is accused or was convicted is an offence of a political character;
(b)that the request for extradition, though purporting to be made on account of an extraditable offence, is in fact made for the purpose of prosecuting or punishing the person on account of his race, religion, nationality or political opinion; or
(c)that he might, if extradited, be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality or political opinion.
(2)A person accused of an offence shall not, unless he consents in accordance with section 10, be extradited, or committed to or kept in custody for the purpose of his extradition, from the Republic if it appears, as provided in subsection (1), that if charged with that offence in the Republic he would be entitled to be discharged under any written law relating to previous acquittal or conviction.
(3)A person shall not be extradited, or committed to or kept in custody for the purposes of his extradition, from the Republic unless under the law of the designated Commonwealth country or foreign state, or the treaty between the Republic and the designated foreign state, to which he is to be extradited provides that he will not, until he has left or has had an opportunity to leave the country or state—
(a)be arrested, detained, remanded or otherwise dealt with in the country or state for or in respect of an offence committed before his extradition from the Republic under this Act other than—
(i)the extraditable offence in respect of which he has been extradited from the Republic;
(ii)any lesser offence proved by the facts proved before the Magistrates' court in proceedings under section 11 or the Second Schedule; or
(iii)any other extraditable offence which the Attorney-General may consent to his being so arrested, detained, remanded or dealt with; or
(b)be extradited to any other country to be arrested, detained, remanded or otherwise dealt with for any offence committed before his extradition from the Republic under this Act without the consent of the Attorney-General.
(4)The Attorney-General shall not give his consent—
(a)in the case of a request under subsection (3)(a)(iii) if—
(i)extradition from the Republic for the offence to which the request for consent relates is prohibited under this Act; or
(ii)he has reasonable ground to believe that if due diligence had been exercised that a request for extradition in respect of the offence could have been made at the time when the request for extradition of the person from the Republic was made;
(b)in the case of a request under subsection (3)(b), if the extradition from the Republic for the offence to which the request for consent relates is prohibited under this Act.
(5)The reference in this section to an offence of a political character does not include—
(a)an offence against the life or person of the Head of State or a Minister of a designated Commonwealth country or foreign state,
(b)an offence under a multilateral international convention or agreement to which the designated Commonwealth country or foreign state concerned and the Republic are parties and which offence is declared by the convention or agreement not to be of a political character for the purposes of extradition in the Commonwealth country or foreign state and the Republic.
(6)For the purposes of this Act, an offence against a law of a designated Commonwealth country or foreign state may be regarded as being an offence of a political character notwithstanding that there are no competing political parties in the country or state.

Part III – Procedures for extradition

7. Request for extradition

(1)Subject to this Act, a person shall not be arrested, detained, or otherwise dealt with under this Act except in pursuance of an authority to proceed issued by the Attorney-General, after he has obtained the written consent of the President, in pursuance of a request made to the Attorney-General—
(a)by the Commissioner of Police; or
(b)by or on behalf of the Government of a designated Commonwealth country or foreign state in which the person to be extradited is accused or was convicted.
(2)A request by the Commissioner of Police under subsection (1)(a) shall give—
(a)the particulars of the person whose extradition is being sought;
(b)the particulars of the extraditable offence of which the person is accused or is alleged to have been convicted;
(c)the name of the designated Commonwealth country or foreign state where the extraditable offence has been committed or where the person concerned was convicted; and
(d)information relating to the person's whereabouts, and
shall be accompanied by the document, if any, purporting to be issued by Interpol in relation to that person.
(3)A request for extradition made for the purpose of subsection (1)(b) shall be accompanied by—
(a)in the case of a person accused of an extraditable offence, a warrant for his arrest issued in the designated Commonwealth country or foreign state; or
(b)in the case of a person unlawfully at large after conviction of an extraditable offence, a certificate of the conviction and sentence in the designated Commonwealth country or foreign state and a statement of the amount, if any, of that sentence which has been served,
together, in each case, with particulars of the person whose extradition is being requested, and the facts upon which and the law under which he is accused or was convicted, and the evidence sufficient to justify the issue of a warrant for his arrest under section 8.
(4)Subject to subsection (5), on receipt of a request under subsection (1) the Attorney-General may, unless it appears to him that an Order of extradition of the person concerned could not be made or would not in fact be made, in accordance with this Act, issue, after he has obtained the written consent of the President,—
(a)in the case of a request by the Commissioner of Police, an authority to proceed for the purpose of issuing a provisional warrant for the arrest of the person under section 8; or
(b)in the case of a request by a designated Commonwealth country or foreign state, an authority to proceed for the purpose of—
(i)issuing a warrant for the arrest of; and
(ii)dealing with,
(iii)the person under this Act.
(5)The Attorney-General may, before issuing an authority to proceed under subsection (4), call for any further information which he deems necessary for the purpose of making a decision under this section and may refuse to proceed further with a request until he receives the information called for.

8. Arrest

(1)A warrant for the arrest of a person accused of, or alleged to be unlawfully at large after conviction of, an extraditable offence may be issued by a magistrate on receipt of an authority to proceed.
(2)Where the Attorney-General has issued an authority to proceed under section 7(4)(a), a magistrate may only issue a provisional warrant for the arrest of the person named in the authority to proceed.
(3)Subject to subsection (4), a warrant of arrest under this section may be issued upon such evidence as would, in the opinion of the magistrate, justify the issue of a warrant for the arrest of a person accused of, or alleged to be unlawfully at large after conviction of, a corresponding offence in the Republic under a written law.
(4)For the purpose of issuing a provisional warrant of arrest under subsection (2), a magistrate may receive in evidence any document which purports to bear the seal of or be issued by, Interpol.
(5)A warrant of arrest issued under this section may be executed by any person to whom it is directed or by a police officer.
(6)Where a magistrate issues a warrant of arrest under this section, the magistrate may also, where he is satisfied that there is anything in any place, vehicle or vessel in the Republic by or in respect of which the extraditable offence concerned was committed, or necessary for the conduct of the investigation into the extraditable offence concerned, issue a warrant of search of the place, vehicle or vessel.

9. Person arrested to be brought before magistrate

(1)A person arrested in pursuance of a warrant of arrest issued under section 8 shall be brought as soon as practicable before a magistrate.
(2)Where a person is arrested under a provisional warrant of arrest under section 8 and the Attorney-General has not issued an authority to proceed under section 7(4)(b) in his respect, the magistrate, before whom the person is brought, shall—
(a)fix a reasonable period, not exceeding 30 days, for the purpose of allowing the Attorney-Genral to issue an authority to proceed under section 7(4)(b);
(b)notify the Attorney-General of the period fixed under paragraph (a), and
(c)remand the person arrested for the period fixed under paragraph (a).
(3)A person remanded under subsection (2) shall be discharged from custody if the Attorney-General does not issue an authority to proceed under section 7(4)(b) within the time fixed by the magistrate under subsection (1).
(4)Where a person is arrested under a warrant under section 8 and the Attorney-General has issued an authority to proceed under section 7(4)(b) in his respect, the magistrate shall remand the person pending the holding of committal proceeding in his respect.

10. Person arrested may consent to be extradited

Where a person has been arrested under a warrant issued under section 8 and the Attorney-General has issued an authority to proceed under section 7(4)(b) in his respect, the person may at any time consent to the magistrate before whom he is brought making an order of committal to await his extradition and the magistrate may, if he is satisfied that the person understands the significance of the giving of the consent, make the order of committal without proceeding, or proceeding further, under section 11 or the Second Schedule.

11. Proceeding for committal

(1)Subject to sections 10 and 12, where an authority to proceed under section 7(4)(b) has been issued in respect of a person arrested under a warrant of arrest under section 8 and the magistrate before whom the person is brought, after considering the evidence tendered in support of the request for extradition of the person or on behalf of the person, is satisfied that the offence to which the authority to proceed relates is an extraditable offence and—
(a)where the person is accused of the offence, that the evidence would be sufficient to warrant his trial for that offence if it had been committed in Seychelles; or
(b)where that person is alleged to be unlawfully at large after the conviction of the offence, that he was so convicted and appears to be at large,
the magistrate shall commit the person to custody to await extradition; but if the magistrate is not so satisfied or if the committal of the person is prohibited under this Act, the magistrate shall discharge the person from custody.
(2)On committing a person under subsection (1) the magistrate shall inform him of his right to apply to the Supreme Court under section 13 for review of the order of committal or for habeas corpus.
(3)Where a magistrate discharges a person under this section and the designated Commonwealth country or foreign state which has requested his extradition gives notice forthwith to the magistrate of its intention to apply for review under section 13, the magistrate shall stay the order of discharge for a period of 7 days beginning with the day on which the order of discharge was made and, if an application for review under section 13 is made within that period, until the determination of the application.
(4)For the purposes of proceedings under this section a magistrate shall have the like jurisdiction and powers, as nearly as may be, including power to remand or admit on bail, as a magistrate conducting a preliminary inquiry under the Criminal Procedure Code.

12. Proceeding for committal (Special provision)

(1)Where there is an arrangement between the Republic and a designated Comonwealth country or foreign state providing for the replacement of the committal proceeding under section 11 by the provisions of the Second Schedule, notwithstanding any other written law, the Second Schedule shall have effect, subject to this section, for the purpose of the proceeding for committing a person in conection with his extradition under this Act.
(2)Except as provided in the Second Schedule, for the purpose of proceedings under the Second Schedule a magistrate shall have the like jurisdiction and powers, as nearly as may be, including power to remand or admit on bail, as a magistrate conducting a preliminary inquiry under the Criminal Code of Procedure.
(3)On committing a person under the Second Schedule, the magistrate shall inform the person of his right to apply to the Supreme Court under section 13 for review of the order of committal or for habeas corpus.
(4)Where a magistrate discharges a person under the Second Schedule and the designated Commonwealth country or foreign state which has requested his extradition gives notice to the magistrate of its intention to apply for review under section 13, the magistrate shall stay the order of discharge for a period of 7 days beginning with the day on which the order of discharge was made and, if an application for review under section 13 is made within that period, until the determination of the application.
(5)A certificate under the hand of the Attorney-General that an arrangment referred to in subsection (1) exists between the Republic and a designated Commonwealth country or foreign state shall be conclusive evidence of the existence of such arrangement.
(6)Notwithstanding any other written law, this section and the Second Schedule shall have effect on a review by the Supreme Court under section 13 of an order made under the Second Schedule or on an appeal by the Court of Appeal under section 14.

13. Review of decision of magistrate by Supreme Court

(1)Subject to subsection (7), a person committed to await extradition under section 11 or the Second Schedule or, where an order of discharge has been make under section 11 or the Second Schedule, the designated Commonwealth country or foreign state may, within 15 days of the making of the order of committal or discharge, apply to the Supreme Court for a review of the order upon a question of fact and law.
(2)The Supreme Court may, on an application under subsection (1)—
(a)in the case of an application for review by a person committed—
(i)reverse the order of committal made by the magistrate and order the discharge of the person;
(ii)order the magistrate to inquire further into the case; or
(iii)confirm the order of committal; and
(b)in the case of an application for review by a designated Commomwealth country or foreign state—
(i)reverse the order of discharge and direct the magistrate to make further inquiry into the case;
(ii)reverse the order of discharge and commit the person discharged to custody to await extradition and, if the person is not in custody, issue a warrant for his arrest.
(3)Without prejudice to any other jurisdiction of the Supreme Court, the Supreme Court may discharge a person committed if it appears to it that by reason of—
(a)the trivial nature of the extraditable offence of which the person is accused or was convicted;
(b)the passage of time since the person alleged to have committed the extraditable offence or to have become unlawfully at large;
(c)any other sufficient cause proved before the Supreme Court,
it would, having regard to all the circumstances, be unjust or oppressive to extradite the person.
(4)On an application under subsection (1) the Supreme court may receive additional evidence.
(5)Where the Supreme Court discharges a person under this section and the designated Commonwealth country or foreign state which has requested his extradition gives notice forthwith to the Supreme Court of its intention to appeal to the Court of Appeal under section 14 against the decision, the Supreme Court shall stay its decision to discharge the person for a period of 15 days beginning with the day on which the order was made and, if an appeal is made within that period, until the determination of the appeal.

14. Appeal to the Court of Appeal

A designated Commonwealth country or foreign state or a person committed or aggrieved by the decision of the Supreme Court on a review under section 13 may, within 15 days beginning with the day the Supreme Court has given its decision, appeal against the decision to the Court of Appeal on a question of law.

15. No extradition pending review

(1)A person committed shall not be extradited under this Act—
(a)in any case, until the expiration of the period of 15 days beginning on the day on which the order for his committal was made; or
(b)in the case where an application for review under section 13(1) or habeas corpus has been made to the Supreme Court, so long as proceedings on the application are pending.
(2)For the purpose of this section, proceedings on an application shall be treated as pending until any appeal in those proceedings is disposed of; and an appeal shall be treated as disposed of at the expiration of the time within which the appeal may be brought if the appeal is not brought within that time.

16. Order of extradition

(1)Subject to this Act, where a person is committed to custody to await extradition, the Attorney General, after he has obtained the written consent of the President, may, by warrant, order him to be extradited to the designated Commonwealth country or foreign state by or on behalf of which the request for his extradition was made.
(2)The Attorney-General shall not make an order under subsection (1) in the case of a person who is serving a sentence of imprisonment, or is detained under any written law, or is charged with an offence, in the Republic—
(a)in the case of a person serving a sentence, until the sentence has been served;
(b)in the case of a person who is detained, until the release of that person from detention; or
(c)in the case of a person charged with an offence, until the charge is disposed of or withdrawn and, if it results in a sentence of imprisonment, until the sentence has been served.
(3)The Attorney-General shall not make an order under subsection (1) if it appears to him on any grounds set out in paragraphs (a) to (c) of section 13(3) that it would be unjust or oppressive to return the person committed.
(4)The Attorney General may refuse to make an order under subsection (1) if—
(a)the person committed is accused or has been convicted of an extraditable offence which is not punishable with death in the Republic; and
(b)the person could be or has been sentenced to death for the extraditable offence in the designated Commonwealth country or foreign state which has requested his extradition,
unless the Commonwealth country or foreign state satisfies the Attorney-General that the sentence of death will not be carried into effect.
(5)The Attorney-General may refuse to make an order under subsection (1) if he has received a request for the extradition of the person committed from another designated Commonwealth country or foreign state and it appears to the Attorney-General, having regard to all the circumstances of the case, and in particular,
(a)the relative seriousness of the extraditable offences in question;
(b)the date on which each request for extradition was made;
(c)the nationality or citizenship of the person committed and his ordinary residence, that preference should be given to the request of the other designated Commonwealth country or foreign state.
(6)Notice of the issue of a warrant under subsection (1) shall forthwith be given to the person to be extradited under the warrant.

17. Discharge in case of delay in extradition

(1)The Attorney-General may, where he has issued a warrant under section 16, cancel the warrant and discharge the person to be extradited under the warrant if the person is still in custody in the Republic after the expiration of 30 days from the date on which the warrant was issued.
(2)If a person committed is in the Republic after—
(a)in any case, the period of 60 days beginning with the first day on which, having regard to section 15, he could have been extradited;
(b)in the case where a warrant for his extradition has been issued under section 16, a period of 30 days beginning with the day on which the warrant was issued,
the person may apply to the Supreme Court for his discharge.
(3)If upon an application under subsection (2) the Supreme Court is contrary, by order, direct the applicant to be discharged from custody and, if a warrant for satisfied that reasonable notice of the proposed application has been given to the Attorney-General, the Supreme Court may, unless sufficient cause is shown to the his extradition has been issued under section 16, quash the warrant.
(4)The Attorney General shall maintain a case management system in manual and electronic form to be known as “Register of Extradition Cases".[subsection (4) added by section 2(a)(iv) of Act 4 of 2021]

18. Custody

(1)A person remanded or committed to custody under section 9 or section 11 or the Second Schedule shall be remanded or committed to the like institution as a person charged with an offence before a Magistrates' court or the Supreme Court.
(2)If a person who is in custody by virtue of a warrant under this Act escapes from custody he may be retaken in any part of the Republic in like manner as a person escaping from legal custody in the Republic.
(3)Where a person who is in lawful custody under this Act or otherwise in any part of the Republic is required to be removed to another part of the Republic, he shall be deemed to continue to be in lawful custody until he reaches the place to which he is required to be removed.
(4)A warrant under section 16(1) for the extradition of any person to any designated Commonwealth country or foreign state shall be sufficient authority for all persons to whom it is directed and all police officers to receive that person, keep him in custody and convey him into the jurisdiction of the designated Commonwealth country or foreign state.

19. Evidence

(1)Notwithstanding any other written law, in any proceedings under this Act—
(a)a document, duly authenticated, which purports to set out evidence given on oath or affirmation in a designated Commonwealth country or foreign state shall be admissible as evidence of the matters stated in the document;
(b)a document, duly authenticated, which purports to have been received in evidence, or to be a copy of a document received in evidence, in any proceeding in a designated Commonwealth country or foreign state is admissible in evidence;
(c)a document, duly authenticated, which certifies that a person was convicted on a date specified in the document of an offence against the law of, or part of, a designated Commonwealth country or foreign state is admissible in evidence of the fact and date of the conviction.
(2)A document is deemed to be duly authenticated for the purposes of subsection (1)—
(a)in the case of a document referred to in sub-section (1)(a), if the document purports to be certified by a judge or magistrate or officer in or of the designated Commonwealth country or foreign state in question to be the original document containing or recording that evidence or a true copy of such document;
(b)in the case of a document referred to in subsection (1)(b) or to be a copy of a document received in evidence, if the document purports to be certified by a judge or magistrate or officer in or of the designated Commonwealth country or foreign state in question to have been, or to be a true copy of a document which has been, so received.
(c)in the case of a document referred to in subsection (1)(c), if the document purports to be certified by a judge or magistrate or officer in or of the designated Commonwealth country or foreign state,
and, in any such case, the document is authenticated either by the oath of a witness or by the official seal of the Governor, Minister or officer administering a department of the Government, of the designated Commonwealth country or foreign state.
(3)Everything found in the possession of a person at the time of his arrest which may be material as evidence in proving the extraditable offence may be delivered up with the person being extradited, subject to the right, if any, of any other person in respect thereto.

Part IV – Extradition to the Republic

20. Extradition to the Republic from any country

Subject to section 21, where a person accused or convicted of an offence under the laws of the Republic is, or is suspected to be, in any jurisdiction of any country or state, the Attorney-General may make a request to the country or state for the extradition of that person.

21. Restriction in relation to a fugitive offender extradited from a designated Commonwealth country or foreign state

(1)This section applies to a fugitive offender who is extradited to the Republic from a designated Commonwealth country or foreign state.
(2)A fugitive offender referred to in subsection (1) shall not, during the period referred to in subsection (3), be arrested, detained or otherwise dealt with in the Republic for or in respect of any offence committed before he was extradited to the Republic other than—
(a)the offence in respect of which he was extradited;
(b)any lesser offence proved by the facts proved for the purposes of securing his extradition;
(c)any other offence in respect of which the Government of the designated Commonwealth country or foreign state from which he was extradited may consent to his being arrested, detained or otherwise dealt with.
(3)The period referred to in subsection (2) is the period beginning with the day of the arrival of the fugitive offender in the Republic on his extradition from the designated Commonwealth country or foreign state and ending 45 days after the first subsequent day on which he has the opportunity to leave the Republic.
(4)A fugitive offender referred to in subsection (1) shall not be extradited from the Republic to any other country or jurisdiction for the purposes of being arrested, detained or otherwise dealt with in that country or jurisdiction unless the Government of the country or jurisdiction which has extradited the fugitive offender to the Republic consents to his being extradited.

22. Restoration of person extradited after acquittal

Where—
(a)proceedings against a fugitive offender referred to in section 21(1) for the offence for which he was extradited are not begun within the period of 6 months beginning with the day of the arrival of the fugitive offender in the Republic; or
(b)on the trial of a fugitive offender referred to in section 21(1) for the offence for which he was extradited, the fugitive offender is acquitted,
the Attorney General may, if he thinks fit, on the request of the fugitive offender, arrange for him to be sent back free of charge and with as little delay as possible to the designated Commonwealth country or foreign state from which he was extradited.

Part V – Miscellaneous

23. Regulations

(1)The Minister may make regulations for carrying into effect the purposes and provisions of this Act.
(2)Without prejudice to the generality of subsection (1) the Minister may, by regulations—
(a)amend the Schedules;
(b)prescribe any form for the purposes of this Act.

24. Repeal etc, saving and transitional

(1)Subject to subsections (2) and (3), the Extradition Act and the Extradition (Commonwealth Countries) Act, 1979 are repealed and the Extradition Acts 1870 to 1935, and the Fugitive Offenders Act, 1967, of the United Kingdom as extended to the Republic shall cease to have effect as part of the laws of the Republic.
(2)Notwithstanding subsection (1), any order, other than an order extending the Extradition Acts 1870 to 1935, and the Fugitive Offenders Act 1967, of the United Kingdom to the Republic, made under—
(a)the Extradition Acts 1870 to 1935, or
(b)the Fugitive Offenders Act, 1967,
of the United Kingdom and having effect as part of the laws of the Republic and in force immediately before the commencement of this Act shall continue to be in force, and shall be construed, as if made under this Act until repealed under this Act.
(3)Notwithstanding subsection (1), where, before the application of this Act in relation to any country or jurisdiction any proceedings have been commenced or any request has been made for the extradition of a fugitive offender to the country or jurisdiction under the Extradition Acts 1870 to 1935 or the Fugitive Offenders Act 1967 of the United Kingdom so far as the Extradition Acts 1870 to 1935 or the Fugitive Offenders Act 1967 had effect as part of the laws of the Republic, any arrest, detention of the fugitive offender lawfully arising out of the proceedings shall be deemed to have been lawfully procured under and for the purposes of this Act, and such further proceedings as may be necessary for the extradition of the fugitive offender may be taken under and in accordance with this Act.

First Schedule (Section 4)

Description of extraditable offences

1.Murder.
2.Manslaughter.
3.An offence against the law relating to abortion.
4.Malicously or wilfully wounding or inflicting grievous bodily harm.
5.Assault occasioning actual bodily harm.
6.Rape.
7.Unlawful sexual intercourse.
8.Indecent assault.
9.Procuring, or trafficking in person for immoral purposes.
10.Bigamy.
11.Kidnapping, abduction or false imprisonment or dealing in slaves.
12.Stealing, abandoning or exposing or unlawfully detaining a child.
13.Bribery.
14.Perjury or subornation of perjury or conspiring to obstruct or defeat the course of justice.
15.Arson.
16.An offence concerning counterfeit currency.
17.An offence against the law relating to forgery.
18.Stealing, embezzlement, fraudulent conversion, fraudulent false accounting, obtaining property or credit by false pretences, receiving stolen property or any other offence in respect of property involving fraud.
19.Burglary, housebreaking or any similar offence.
20.Robbery.
21.Blackmail or extortion by means of threats or by abuse of authority.
22.An offence against bankruptcy or company law.
23.Malicious or wilful damage to property.
24.Acts done with the intention of endangering vehicles, vessels or aircraft.
25.An offence against the law relating to dangerous drugs or narcotics.
26.Piracy.
27.Revolt against authority of the master of a ship or the commander of an aircraft.
28.An offence relating to pollution of or endangering or damaging the environment.
29.Offences established under international conventions or agreement to which the requesting country or state or requested country or state and the Republic are parties.
30.Offence of money laundering under section 3 of the Anti-Money Laundering and Countering the Financing of Terrorism Act, 2020 (Act 5 of 2020) and an offence relating to terrorist financing activities under section 5 of the Prevention of Terrorism Act (Cap. 179).[serial number 30 added by section 2(b) of Act 4 of 2021]

Second Schedule (Section 12)

Proceeding for committal (special provision)

1.Where an authority to proceed under section 7(4)(b) has been issued in respect of a person arrested under a warrant under section 8, the magistrate before whom the person is brought shall commit the person to custody to await extradition if—
(a)in the case of a person accused of an extraditable offence, the magistrate is satisfied that the contents of the record of the case, whether or not admissible in evidence under the laws of the Republic, and any other evidence would be sufficient to warrant his trial for that offence, or
(b)in the case of a person who is alleged to be unlawfully at large after conviction of an extraditable offence, if the magistrate is satisfied that he was so convicted and appears to be at large;
but the magistrate shall discharge the person from custody if he is not so satisfied or if the committal of the person is prohibited under this Act.
2.For the purpose of this Schedule the record of a case shall contain—
(a)the particulars of the description, identity, nationality and, to the extent available, the whereabouts of the person sought;
(b)the particulars of each offence or conduct in respect of which the extradition is being sought, specifying the date and place of commission, the legal definition of the offence and a copy, certified by the Minister of Justice or the Attorney-General of the designated Commonwealth country or foreign state, of the relevant provisions in the law in the designated Commonwealth country or foreign state which has requested extradition;
(c)the original or a copy, in both cases certified by the Minister of Justice or Attorney-General of the designated Commonwealth country or foreign state, of any document of process issued in the designated Commonwealth country or foreign state against the person whose extradition is being sought;
(d)a recital of the evidence obtained to support the request for extradition of the person;
(e)a copy, reproduction or photograph, all certified by the Minister of Justice or Attorney-General of the designated Commonwealth country or foreign state, of exhibits or documentary evidence;and shall be accompanied by—
(i)an affidavit of the officer who has investigated the case or is in charge of the investigation of the case that the record of the case was prepared by or under the direction of the officer and the evidence in respect of the case has been preserved for use in court; and
(ii)a certificate of the Minister of Justice or Attorney General of the designated Commonwealth country or foreign state that in his opinion the record of the case discloses the existence of evidence under the law of the designated Commonwealth country or foreign state requesting extradition sufficient to justify a prosecution.
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History of this document

05 March 2021 this version
01 December 2014
Consolidation
Read this version
01 July 1995
Commenced

Cited documents 1

Act 1
1. Anti-Money Laundering and Countering the Financing of Terrorism Act, 2020 27 citations

Documents citing this one 1

Act 1
1. Cybercrimes and other Related Crimes Act, 2021 2 citations

Subsidiary legislation

Title
Date
Extradition (Designated Foreign State Belgium) Order Statutory Instrument 14 of 2012 1 December 2014
Extradition (Designation of Commonwealth Countries) Order Statutory Instrument 72 of 1996 1 December 2014