Extradition (Amendment) Act, 1987

Amendment of Part III of Principal Act.

2.—(1) Part III of the Principal Act is hereby amended—

(a) by the insertion of the following sections after section 44:

“44A.—(1) A warrant for the arrest of a person accused of an offence under the law of a place in relation to which this Part applies shall not be endorsed for execution under this Part if the Attorney General so directs.

(2) A direction of the Attorney General under this section may be revoked by the Attorney General at any time if he becomes of the opinion referred to in section 44B.

44B.—A direction of the Attorney General under section 44A shall be given unless the Attorney General, having considered such information as he deems appropriate, is of opinion that—

(a) there is a clear intention to prosecute or, as the case may be, to continue the prosecution of, the person named or described in the warrant concerned for the offence specified therein in a place in relation to which this Part applies,

and

(b) such intention is founded on the existence of sufficient evidence.

44C.—(1) In any proceedings in which, but for this section, proof would be required of the fact that, in relation to a warrant referred to in section 44A, a direction of the Attorney General under that section was not given, it shall be presumed, until the contrary is proved, that such a direction was, in accordance with that section and section 44B, not given and not required to be given in relation to the warrant.

(2) In any proceedings in which, but for this section, proof would be required of the fact that a direction of the Attorney General under section 44A was revoked by him or that the revocation was in accordance with subsection (2) of that section or that the direction ought not to be revoked, it shall be presumed, until the contrary is proved, that the direction was revoked or that the revocation was in accordance with that subsection or that the direction ought not to be revoked, as the case may be.

(3) In any proceedings in which, but for this section, proof would be required of the fact that, in relation to a warrant referred to in section 44A or the person named or described in such a warrant, a direction of the Minister under this Part was not given, it shall be presumed, until the contrary is proved, that such a direction was, in accordance with this Part, not given and not required to be given in relation to the warrant or, as the case may be, the person.

44D.—Section 44A shall not apply to a warrant for the arrest of a person if or insofar as it relates to an offence for which he has been ordered by a judicial authority, following an examination of the evidence, to stand trial.”,

(b) by the insertion of the following paragraph in subsection (2) of section 50 after paragraph (bb) (inserted by the Extradition (European Convention on the Suppression of Terrorism) Act, 1987 ):

“(bbb) by reason of the lapse of time since the commission of the offence specified in the warrant or the conviction of the person named or described therein of that offence and other exceptional circumstances, it would, having regard to all the circumstances, be unjust, oppressive or invidious to deliver him up under section 47, or”,

and

(c) by the insertion of the following subsection in section 55 after subsection (2):

“(3) In any proceedings in the District Court in relation to a warrant referred to in section 44A, it shall not be necessary to prove that—

(a) a direction of the Attorney General was, in accordance with that section and section 44B, not given or not required to be given under section 44A in relation to the warrant, or

(b) a direction of the Attorney General under section 44A was revoked by him or that the revocation was in accordance with subsection (2) of that section, or

(c) a direction of the Minister was, in accordance with this Part, not given or not required to be given in relation to the warrant or the person named or described in the warrant.”.

(2) The amendments specified in subsection (1) of this section shall have effect as respects warrants referred to in section 44A (inserted by this section) of the Principal Act that have not been endorsed under section 43 of that Act before the passing of this Act.