2Restrictions on return of criminal under Extradition Act 1870, or to Republic of Ireland, in certain cases
(1)In relation to any requisition for the surrender of a fugitive criminal made as mentioned in section 1(3)(a) above in respect of an offence to which section 1 above applies, the [1870 c. 52.] Extradition Act 1870 shall have effect as if at the end of paragraph (1) of section 3 (which prohibits the surrender of a criminal if he proves as there mentioned that the requisition for his surrender has in fact been made with a view to try or punish him for an offence of a political character) there were added the words " or with a view to try or punish him on account of his race, religion, nationality, or political opinions, or that he might, if surrendered, be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality or political opinions: ".
(2)In relation to any warrant issued in the Republic of Ireland which specifies an offence to which section 1 above applies, being a warrant to which paragraph (c) of subsection (3) of that section applies as mentioned in that paragraph, the [1965 c. 45.] Backing of Warrants (Republic of Ireland) Act 1965 shall have effect as if at the end of section 2(2), as amended by the [1975 c. 59.] Criminal Jurisdiction Act 1975, (cases where warrant from Republic of Ireland is not to be executed) there were added the following words— “or
(e)that there are substantial grounds for believing—
(i)that the warrant was in fact issued in order to secure the return of the person named or described in it to the Republic for the purpose of prosecuting or punishing him on account of his race, religion, nationality or political opinions ; or
(ii)that he would, if returned there, be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality or political opinions.”.