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

Proceedings by virtue of section 5 .

6.—(1) Proceedings for an offence which is an offence by virtue of section 5 may be taken in any place in the State and the offence may for all incidental purposes be treated as having been committed in that place.

(2) Where a person is charged with an offence referred to in subsection (1), no further proceedings in the matter (other than any remand in custody or on bail) shall be taken except by or with the consent of the Director of Public Prosecutions.

(3) The Director of Public Prosecutions shall not take, or consent to the taking of, further proceedings such as are mentioned in subsection (2) in respect of an offence unless it appears to him that—

(a) a convention country in relation to which Part II of the Act of 1965 applies has made a request under that Part for the surrender of the person concerned for the purpose of trying him for an offence in respect of the act in question and the request has been finally refused (whether as the result of a decision of a court or otherwise), or

(b) a warrant has been issued by a judicial authority in a place in relation to which Part III of the Act of 1965 applies for the arrest of the person concerned for the purpose of trying him for an offence in respect of the act in question and it has been finally determined (whether as the result of a decision of a court or otherwise) that the warrant should not be endorsed for execution in the State under that Part or that the person concerned should not be delivered up in accordance with the warrant, or

(c) because of special circumstances (which may include the likelihood of a refusal such as is mentioned in paragraph (a) or of a determination such as is mentioned in paragraph (b)) it is expedient that proceedings should be taken against the person concerned for an offence under the law of the State in respect of the act in question.

(4) If a person would, but for this subsection, be required on conviction of an offence referred to in subsection (1) to be sentenced to death, he shall be sentenced to imprisonment for life.

(5) No proceedings shall be taken—

(a) under this section in respect of an act that constitutes an offence referred to in subsection (1) and also an offence under section 2 of the Criminal Law (Jurisdiction) Act, 1976 , or

(b) under section 38 of the Act of 1965 in respect of an act that constitutes an offence by virtue of that section and also an offence referred to in subsection (1).