Extradition Act, 1965

Release of persons arrested.

50.—(1) A person arrested under this Part shall be released if the High Court or the Minister so directs in accordance with this section.

(2) A direction under this section may be given by the High Court where the Court is of opinion that—

(a) the offence to which the warrant relates is—

(i) a political offence or an offence connected with a political offence, or

(ii) an offence under military law which is not an offence under ordinary criminal law, or

(iii) a revenue offence, or

(b) there are substantial reasons for believing that the person named or described in the warrant will, if removed from the State under this Part, be prosecuted or detained for a political offence or an offence connected with a political offence or an offence under military law which is not an offence under ordinary criminal law, or

(c) the offence specified in the warrant does not correspond with any offence under the law of the State which is an indictable offence or is punishable on summary conviction by imprisonment for a maximum period of at least six months.

(3) A direction of the Court under this section may be given either on application made by or on behalf of the person concerned or on the question being referred to the Court by the Minister.

(4) A direction under this section may be given by the Minister on any of the grounds set out in paragraph (a) or (b) of subsection (2).