Extradition (European Convention on the Suppression of Terrorism) Act, 1987

Certain offences not to be regarded as political offences.

3.—(1) For the purposes mentioned in subsection (2)—

(a) no offence to which this section applies and of which a person is accused or has been convicted outside the State shall be regarded as a political offence or as an offence connected with a political offence, and

(b) no proceedings outside the State in respect of an offence to which this section applies shall be regarded as a criminal matter of a political character.

(2) The purposes referred to in subsection (1) are—

(a) the purposes of Part II of the Act of 1965 in relation to any request for the surrender of a person made after the commencement of this Act by any convention country in relation to which that Part applies;

(b) the purposes of Part III of the Act of 1965 in relation to any warrant for the arrest of a person issued after the commencement of this Act in a place in relation to which that Part applies;

(c) the purposes of section 24 of the Extradition Act, 1870, and section 5 of the Extradition Act, 1873, in relation to the obtaining of evidence in the State for use in criminal proceedings instituted in a convention country after the commencement of this Act.

(3) (a) This section applies to—

[See 1973 (No. 29) s.11 ]

(i) an offence within the scope of the Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague on the 16th day of December, 1970,

[See 1975 (No. 9) s.3 ]

(ii) an offence within the scope of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on the 23rd day of September, 1971,

(iii) a serious offence involving an attack against the life, physical integrity or liberty of an internationally protected person,

(iv) an offence involving kidnapping, the taking of a hostage or serious false imprisonment,

(v) an offence involving the use of an explosive or an automatic firearm, if such use endangers persons, and

(vi) any offence of attempting to commit any of the foregoing offences.

(b) References in this subsection to an offence include references to participation as an accomplice of a person who commits the offence.

(4) For the purposes of subsection (3)(a):

(a) in subparagraph (iii) thereof, “an internationally protected person” has the meaning assigned to it by subsection (5),

(b) in subparagraph (iv) thereof—

“an offence involving”, in relation to kidnapping, the taking of a hostage or serious false imprisonment, includes any offence committed in the course thereof or in conjunction therewith;

“serious false imprisonment” means any false imprisonment involving danger, or prolonged or substantial hardship or inconvenience, for the person detained,

(c) in subparagraph (v) thereof—

“automatic firearm” means a firearm which is so designed or adapted that, if pressure is applied to the trigger, missiles continue to be discharged until pressure is removed from the trigger or the magazine containing the missiles is empty;

“explosive” means any article manufactured for the purpose of producing a practical effect by explosion or intended by the person using it for that purpose;

“an offence involving”, in relation to the use of an explosive or an automatic firearm, includes any offence committed by means of the explosive or firearm.

(5) (a) In this section “an internationally protected person” means, in relation to any such offence as is mentioned in subsection (3)(a)(iii), any of the following:—

(i) a person who at the time of the commission of the offence is a Head of State, a member of a body which performs the functions of Head of State under the constitution of a state, a head of government or a minister for foreign affairs and is outside the territory of the state in which he holds office,

(ii) a person who at the time of the commission of the offence is a representative or an official of a state or an official or agent of an international organisation of an inter-governmental character, is entitled under international law to special protection from attack on his person, freedom or dignity and does not fall within subparagraph (i),

(iii) a person who at the time of the commission of the offence is a member of the family of a person mentioned in subparagraph (i) or (ii) and—

(I) if the other person is mentioned in subparagraph (i), is accompanying him, or

(II) if the other person is mentioned in subparagraph (ii), is a member of his household.

(b) (i) If in any proceedings a question arises as to whether a person was at the relevant time an internationally protected person, a certificate signed by, or by a person authorised by, the Minister for Foreign Affairs and stating any fact relating to the question shall be evidence of that fact.

(ii) A document purporting to be a certificate described in subparagraph (i) shall be deemed to be such a certificate, and to be signed by the person purporting to have signed it (and, in the case of such a document purporting to have been signed by a person authorised by the Minister for Foreign Affairs, to have been signed in accordance with the authorisation), unless the contrary is shown.