Proceedings before magistrates’ court.
2
1
So soon as is practicable after a person is arrested under a warrant endorsed in accordance with section 1 of this Act, he shall be brought before a magistrates’ court and the court shall, subject to the following provisions of this section, order him to be delivered at some convenient point of departure from the United Kingdom into the custody of a member of the police force (Garda Síochána) of the Republic, and remand him until so delivered.
2
An order shall not be made under subsection (1) of this section if it appears to the court that the offence specified in the warrant does not correspond with any offence under the law of the part of the United Kingdom in which the court acts which is an indictable offence or is punishable on summary conviction with imprisonment for six months; nor shall such an order be made if it is shown to the satisfaction of the court—
a
that the offence specified in the warrant is an offence of a political character, or an offence under military law which is not also an offence under the general criminal law, [ or an offence under an enactment relating to taxes, duties or exchange control]; or
b
that there are substantial grounds for believing that the person named or described in the warrant will, if taken to the Republic, be prosecuted or detained for another offence, being an offence of a political character or an offence under military law which is not also an offence under the general criminal law.
or
c
that the warrant is for the arrest of a person accused of an offence committed in Northern Ireland which constitutes an extra-territorial offence under the law of the Republic of Ireland as defined in section 3 of the
Criminal Jurisdiction Act 1975; or
d
that the person named or described in the warrant has been acquitted or convicted in a trial in Northern Ireland for an extra-territorial offence as defined in section 1 of the said Act of 1975 in respect of the same act or omission as that in respect of which the warrant is issued.
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.
3
In any case where the court does not make an order under subsection (1) of this section, the court shall order the person named or described in the warrant to be discharged.
4
The provisions of the Schedule to this Act shall apply in relation to proceedings under this section.
5
The Secretary of State may by order provide that an order may not be made under subsection (1) of this section if it is shown to the satisfaction of the court that no provision is made in the law of the Republic, in respect of a person delivered up to the Republic by the United Kingdom, corresponding to the provision made by or under sections 6A and 6B of this Act in respect of a person delivered up to the United Kingdom by the Republic.
Act repealed (1.1.2004) by Extradition Act 2003 (c. 41), ss. 218(a), 220, 221, Sch. 4; S.I. 2003/3103, art. 2 (subject to savings in arts. 3-5 for extraditions made on or before 31.12.2003) (as amended by S.I. 2003/3312, art. 2 and S.I. 2003/3258, art. 2); and which Act in so far as it is still in force is amended (1.9.2004 for specified purposes and 1.4.2005 otherwise) by Courts Act 2003 (c. 39), s. 109(1), Sch. 8 paras. 119-123; S.I. 2004/2066, art. 2 (subject to art. 3); S.I. 2005/910, art. 3; and further amended (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 40(4), Sch. 9 para. 14; S.I. 2009/1604, art. 2; and further amended (18.6.2012 for specified purposes, 5.11.2012 for specified purposes and 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), ss. 41, 336(3)(4), Sch. 3 para. 41, Sch. 37 Pt. 4; S.I. 2012/1320, art. 4 (with art. 5); S.I. 2012/2574, art. 2, Sch. (with arts. 3, 4) (as amended by S.I. 2012/2761, art. 2); S.I. 2013/1103, art. 2 (with arts. 3, 4)
Words in s. 2(2)(a) repealed (20.3.2002 ) by 1994 c. 33, ss. 159(3), 168(3), Sch.11; S.I. 2002/447
S. 2(2)(c)(d) added by Criminal Jurisdiction Act 1975 (c. 59), Sch. 3 para. 1
1975 c. 59.
Words added by Suppression of Terrorism Act 1978 (c. 26), s. 2(2) in relation to any warrant issued in the Republic of Ireland which specifies an offence to which s. 1 of that Act applies, being a warrant to which ibid. s. 1(3)(c) applies as mentioned in that paragraph
S. 2(5) added (22.8.1994) by 1993 c. 36, s. 72(2); S.I. 1994/1951, art. 2.