The Gazette 1989

GAZETTE

APRIL 1989

An Outline of Extradition Law

Part 2

EXTRADITION TO COUNTRIES

OTHER THAN

THE UNITED KINGDOM

(Part III)

Extradition to the UK is directly

dependent on statutory provisions.

Outside the UK, Part II of the Act

is only brought into force by the

State entering into an agreement,

or reciprocal arrangement, with a

foreign state for extradition. Under

section 8 of the Act, the

Government, by statutory instru-

ment, then applies the provision of

Part II to that country

and recites

the terms of the agreement in its

order. The treaty then becomes

part of the domestic law of the

State.

Cases are brought before

the District Court. As distinct from

Part III, under Part II, the case

before that Court is not largely

formal but is a full hearing of the

proofs and, unlike UK cases, the

District Justice must consider any

defence

to extradition which the

prisoner raises. The proofs were

succinctly put by Barrington J. in

State (Gilliland) -v- Governor of

Mountjoy Prison.

"Under Part II the substantial

hearing on the merits of

whether to extradite or not to

extradite takes place in the

District Court in accordance

with the provisions of

section 29 of the Act. In the

course of his deliberations,

the learned District Justice

will have to be satisfied that

Part II of the Act applies in

relation to the requesting

country and that the extra-

dition of the person before the

Court has been duly request-

ed. In the course of doing this

he will have to consider the

original or an authentic copy

of the conviction or warrant

of arrest; a statement of each

offence in respect of which

extradition is sought; the

relevant enactments of the re-

questing

country;

the

description furnished of the

person claimed and any other

document

evidence

required under the relevant

Extradition

Treaty.

For

instance, Article 8 of the

Treaty between Ireland and

the United States requires

that a request for extradition

shall contain,

inter alia, 'a

statement of the pertinent

facts of the case indicating as

accurately as possible the

time and place of commission

of the offence' and, indeed, it

is difficult to see how the

learned District Justice could

satisfy himself as to what, if

any, is the corresponding

offence in Irish law in the

absence of such a state-

ment."

We will now shortly consider these

proofs.

Peter Cha r l e t on,

B . A . ( Mod ),

Bar r i s t er - a t -Law

That Part II Applies

The proof of this is the making of

an order pursuant to section 8 of

the Act. The order will either recite

that the Government is satisfied

that reciprocal facilities for extra-

dition will be granted

or will recite

the terms of the agreement.

The

Statutory Instrument is handed into

Court.

The Request

The request for extradition can only

be made in respect of an offence

which is punishable, both in Ireland

and in the requesting State, by a

maximum of at least one year's

imprisonment.

When the Minister

receives a request for extradition

he signifies this fact by order, and

the District Justice will issue a

warrant of arrest for the requested

person.

The writer presumes that

such an order is construed as proof

of the request as, other than that,

no presumption that a request has

been made is contained in the Act

and no exception to the rule against

hearsay is made in respect of it.

The warrant is executed in the

same way as under Part III.

Its

validity depends on Irish law. An

invalid arrest will have the same

consequences under Part II as

under Part III.

Identity

Identity is as central a proof to

Part II as it is to Part III and has

already been considered.

Documents Supporting the

Request

For admission under Part II,

documents need merely "purport"

to be signed or certified by a judge

or magistrate of the requesting

state and to be authenticated by

the oath of some witness or by

being sealed with the official seal

of a Minister of State.

For the

purpose of the Act, judicial notice

is taken of all such official seals.

The following documents are

required:

1. Proof of the request by

production of the Minister's

order to the District Court to

issue a warrant for arrest.

2. An original or authenticated

copy order, in the case of

conviction, sentence or

detention, or an original or

authenticated warrant of

arrest or its equivalent.

3. A statement of the offence

alleged giving its time and

place of commission, its legal

description and referring to

relevant legal enactments in

w "

Sff

Peter Charleton.

161