(LRC Revised)

Number 17 of 1965

EXTRADITION ACT 1965

REVISED

Updated to 18 May 2025

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Extradition Act 1965

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including the

Finance (Provision of Access to Cash Infrastructure) Act 2025

(4/2025), enacted 20 May 2025, and all statutory instruments up to and including

the

Extradition (United Arab Emirates) Order 2025

(S.I. No. 205 of 2025), made 13 May 2025, were considered in the preparation of this

Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

17

of

1965.

EXTRADITION ACT 1965

REVISED

Updated to 18 May 2025

ARRANGEMENT OF SECTIONS

Part I

Preliminary

Section

1.

Short title.

2.

Commencement.

3.

Interpretation.

4.

Laying of orders before Houses of Oireachtas.

5.

Expenses.

6.

Repeals.

7.

Transitory provisions.

7A.

Admission to bail by High Court.

7B.

Evidence by affidavit.

(Repealed)

Part II

Extradition Generally

8.

Application of Part II.

9.

Obligation to extradite.

10.

Extraditable offences.

11.

Political offences.

12.

Military offences.

13.

Revenue offences.

14.

Irish citizens.

15.

Proceedings in State for same offence.

16.

Persons convicted

in absentia

.

17.

Non bis in idem

.

18.

Lapse of time.

18A.

Pardon or amnesty.

19.

Capital punishment.

20.

Rule of specialty.

20A.

Waiver of rule of specialty.

21.

Re-extradition to a third country.

22.

Evidence of commission of offence by person claimed.

23.

Request for extradition.

23A.

Facsimile transmission of documents.

24.

Conflicting requests.

25.

Documents to support request.

26.

Warrant of arrest.

27.

Provisional arrest.

28.

Power of adjournment and remand.

29.

Committal or discharge of person whose extradition is requested.

29A.

Consent to surrender.

30.

Removal of committed person to hospital or other place.

31.

Lapse of time before surrender.

32.

Postponement of surrender.

33.

Surrender of prisoner under order of Minister.

33A.

Surrender.

34.

Discharge of prisoner if not conveyed out of State.

35.

General power of Minister to release.

36.

Seizure and handing over of property.

36A.

Identification procedures.

37.

Evidence of documents.

38.

Offences committed abroad by Irish citizens.

39.

Rule of specialty as applied by the State.

40.

Transit.

Part III

Endorsement and Execution of Certain Warrants

41.

Places in relation to which Part III applies.

(Repealed)

42.

Definitions.

(Repealed)

43.

Endorsement of warrants.

(Repealed)

44.

Restrictions on endorsement.

(Repealed)

44A.

Power of AG to direct refusal of endorsement of warrant

(Repealed)

44B.

Power of AG to revoke a direction

(Repealed)

44C.

Proof.

(Repealed)

44D.

Section 44A restricted.

(Repealed)

45.

Execution of warrants.

(Repealed)

46.

Remand of arrested person to High Court.

(Repealed)

47.

Proceedings before High Court.

(Repealed)

48.

Lapse of time before delivery of arrested person.

(Repealed)

49.

Provisional warrants.

(Repealed)

50.

Release of persons arrested.

(Repealed)

51.

Special provisions for summary offences.

(Repealed)

52.

Remand.

(Repealed)

53.

Discharge of persons not taken out of State.

(Repealed)

54.

Acceptance of documents by Commissioner of Garda Síochána.

(Repealed)

55.

Evidence in proceedings.

(Repealed)

SCHEDULE

Repeals

Acts Referred to

Criminal Justice Act, 1960

1960, No. 27

Extradition Act, 1870

1870, c. 52

Number

17

of

1965.

EXTRADITION ACT 1965

REVISED

Updated to 18 May 2025

AN ACT TO AMEND THE LAW RELATING TO EXTRADITION. [19

th July

, 1965.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS :—

Annotations

Modifications (not altering text)

C1

Application of collectively cited

Extradition Acts

restricted (31.10.2006) by

International Criminal Court Act 2006

(30/2006), s. 18(6), commenced on enactment.

Conflicting requests.

18.

— (1) In this section “surrender proceedings” means proceedings before the High Court for the surrender of a person to another

state following receipt of—

(a) a request under the Extradition Acts for his or her extradition to another state,

or

(b) a European arrest warrant (within the meaning of the European Arrest Warrant Act

2003) in respect of the person.

(2) Where the Minister receives a request from the International Criminal Court for

the arrest and surrender of a person under Article 89 and—

(a) surrender proceedings in respect of the person have been instituted but have not

been determined, or

(b) the person is awaiting surrender to another state under the Extradition Acts or

the European Arrest Warrant Act 2003, then, pending a decision by the Minister in

accordance with Article 90 on whether priority should be given to the request—

(i) the Minister shall notify the High Court of the request, and, on receipt of the

notification, the Court may adjourn the proceedings for such period or periods as

it thinks fit and remand the person in custody or, subject to section 26 (2), on bail,

or

(ii) as the case may be, the person shall not be so surrendered.

(3) If the Minister decides in accordance with Article 90 that priority should be

given to the request from the International Criminal Court and—

(a) the surrender proceedings have been so adjourned, the Minister shall cause the

High Court to be notified of his or her decision, and, on receipt of the notification,

the Court may order that the proceedings be discontinued and that the person concerned

be brought before it to be dealt with in accordance with section 25, or

(b) the person is awaiting surrender to another state, the person shall not be so

surrendered, and sections 19, 20, 23 and 25 shall have effect in relation to the case.

(4) If, having consulted the International Criminal Court, the Minister decides in

accordance with Article 90 that priority should not be given to the Court’s request—

(a) the Minister shall cause the High Court to be notified accordingly, or

(b) if the person is awaiting surrender to another state, subsection (2)(ii) shall

cease to have effect in relation to the person concerned.

(5) A discontinuance of surrender proceedings under subsection (3)(a) in respect of

an offence is not a bar to instituting fresh such proceedings for it.

(6) This section has effect notwithstanding anything in the Extradition Acts and is

without prejudice to section 30(3) of the European Arrest Warrant Act 2003.

C2

Term “extradition provisions” construed (20.03.2002) by

Extradition (European Union Conventions) Act 2001

(49/2001), s. 20(2), S.I. No. 85 of 2002, subject to transitional provision in subs.

(3).

Proceedings under Principal Act to be heard before High Court.

20.

— ...

(2) For the avoidance of doubt, references in the Principal Act to extradition provisions

shall include references to the Convention of 1995 and the Convention of 1996.

Editorial Notes

E1

Proceedings under Act are relevant proceedings under

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020

, Part 4 as provided (21.08.2020) by

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020

(13/2020), s. 22, S.I. No. 306 of 2020.

E2

Previous affecting provision: application of Act restricted (18.12.1973) by

Genocide Act 1973

(28/1973), s. 3(2), commenced on enactment; substituted (15.11.1996) by

Criminal Justice Act 1994

(15/1994), s. 51(8), S.I. No. 333 of 1996; repealed (31.10.2006) by

International Criminal Court Act 2006

(30/2006), s. 7(2), commenced on enactment.

Annotations

Modifications (not altering text)

C1

Application of collectively cited

Extradition Acts

restricted (31.10.2006) by

International Criminal Court Act 2006

(30/2006), s. 18(6), commenced on enactment.

Conflicting requests.

18.

— (1) In this section “surrender proceedings” means proceedings before the High Court for the surrender of a person to another

state following receipt of—

(a) a request under the Extradition Acts for his or her extradition to another state,

or

(b) a European arrest warrant (within the meaning of the European Arrest Warrant Act

2003) in respect of the person.

(2) Where the Minister receives a request from the International Criminal Court for

the arrest and surrender of a person under Article 89 and—

(a) surrender proceedings in respect of the person have been instituted but have not

been determined, or

(b) the person is awaiting surrender to another state under the Extradition Acts or

the European Arrest Warrant Act 2003, then, pending a decision by the Minister in

accordance with Article 90 on whether priority should be given to the request—

(i) the Minister shall notify the High Court of the request, and, on receipt of the

notification, the Court may adjourn the proceedings for such period or periods as

it thinks fit and remand the person in custody or, subject to section 26 (2), on bail,

or

(ii) as the case may be, the person shall not be so surrendered.

(3) If the Minister decides in accordance with Article 90 that priority should be

given to the request from the International Criminal Court and—

(a) the surrender proceedings have been so adjourned, the Minister shall cause the

High Court to be notified of his or her decision, and, on receipt of the notification,

the Court may order that the proceedings be discontinued and that the person concerned

be brought before it to be dealt with in accordance with section 25, or

(b) the person is awaiting surrender to another state, the person shall not be so

surrendered, and sections 19, 20, 23 and 25 shall have effect in relation to the case.

(4) If, having consulted the International Criminal Court, the Minister decides in

accordance with Article 90 that priority should not be given to the Court’s request—

(a) the Minister shall cause the High Court to be notified accordingly, or

(b) if the person is awaiting surrender to another state, subsection (2)(ii) shall

cease to have effect in relation to the person concerned.

(5) A discontinuance of surrender proceedings under subsection (3)(a) in respect of

an offence is not a bar to instituting fresh such proceedings for it.

(6) This section has effect notwithstanding anything in the Extradition Acts and is

without prejudice to section 30(3) of the European Arrest Warrant Act 2003.

C2

Term “extradition provisions” construed (20.03.2002) by

Extradition (European Union Conventions) Act 2001

(49/2001), s. 20(2), S.I. No. 85 of 2002, subject to transitional provision in subs.

(3).

Proceedings under Principal Act to be heard before High Court.

20.

— ...

(2) For the avoidance of doubt, references in the Principal Act to extradition provisions

shall include references to the Convention of 1995 and the Convention of 1996.

Editorial Notes

E1

Proceedings under Act are relevant proceedings under

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020

, Part 4 as provided (21.08.2020) by

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020

(13/2020), s. 22, S.I. No. 306 of 2020.

E2

Previous affecting provision: application of Act restricted (18.12.1973) by

Genocide Act 1973

(28/1973), s. 3(2), commenced on enactment; substituted (15.11.1996) by

Criminal Justice Act 1994

(15/1994), s. 51(8), S.I. No. 333 of 1996; repealed (31.10.2006) by

International Criminal Court Act 2006

(30/2006), s. 7(2), commenced on enactment.

Part I

Preliminary

Section

1.

Short title.

2.

Commencement.

3.

Interpretation.

4.

Laying of orders before Houses of Oireachtas.

5.

Expenses.

6.

Repeals.

7.

Transitory provisions.

7A.

Admission to bail by High Court.

7B.

Evidence by affidavit.

(Repealed)

Part II

Extradition Generally

8.

Application of Part II.

9.

Obligation to extradite.

10.

Extraditable offences.

11.

Political offences.

12.

Military offences.

13.

Revenue offences.

14.

Irish citizens.

15.

Proceedings in State for same offence.

16.

Persons convicted

in absentia

.

17.

Non bis in idem

.

18.

Lapse of time.

18A.

Pardon or amnesty.

19.

Capital punishment.

20.

Rule of specialty.

20A.

Waiver of rule of specialty.

21.

Re-extradition to a third country.

22.

Evidence of commission of offence by person claimed.

23.

Request for extradition.

23A.

Facsimile transmission of documents.

24.

Conflicting requests.

25.

Documents to support request.

26.

Warrant of arrest.

27.

Provisional arrest.

28.

Power of adjournment and remand.

29.

Committal or discharge of person whose extradition is requested.

29A.

Consent to surrender.

30.

Removal of committed person to hospital or other place.

31.

Lapse of time before surrender.

32.

Postponement of surrender.

33.

Surrender of prisoner under order of Minister.

33A.

Surrender.

34.

Discharge of prisoner if not conveyed out of State.

35.

General power of Minister to release.

36.

Seizure and handing over of property.

36A.

Identification procedures.

37.

Evidence of documents.

38.

Offences committed abroad by Irish citizens.

39.

Rule of specialty as applied by the State.

40.

Transit.

Part III

Endorsement and Execution of Certain Warrants

41.

Places in relation to which Part III applies.

(Repealed)

42.

Definitions.

(Repealed)

43.

Endorsement of warrants.

(Repealed)

44.

Restrictions on endorsement.

(Repealed)

44A.

Power of AG to direct refusal of endorsement of warrant

(Repealed)

44B.

Power of AG to revoke a direction

(Repealed)

44C.

Proof.

(Repealed)

44D.

Section 44A restricted.

(Repealed)

45.

Execution of warrants.

(Repealed)

46.

Remand of arrested person to High Court.

(Repealed)

47.

Proceedings before High Court.

(Repealed)

48.

Lapse of time before delivery of arrested person.

(Repealed)

49.

Provisional warrants.

(Repealed)

50.

Release of persons arrested.

(Repealed)

51.

Special provisions for summary offences.

(Repealed)

52.

Remand.

(Repealed)

53.

Discharge of persons not taken out of State.

(Repealed)

54.

Acceptance of documents by Commissioner of Garda Síochána.

(Repealed)

55.

Evidence in proceedings.

(Repealed)

SCHEDULE

Repeals

Number

17

of

1965.