There are provisions in much of the relevant law for these procedures to be amended in cases of particular urgency, but I won’t go into that here. The fugitive will then be surrendered to the requesting country after fifteen days, during which additional habeas corpus proceedings may be heard.
The extradition hearing in the High Court is not concerned with the guilt or innocence of the person the judge must issue the extradition order once she is satisfied that Ireland has an extradition agreement or treaty with the requesting country and that the request is made in keeping with the 1965 Act and such an agreement.
The Gardaí apprehend the fugitive and bring him/her before the High Court. The Attorney General then presents the certificate to the High Court, where an arrest warrant will be issued. Once the Attorney General confirms that the request for extradition is in keeping with the 1965 Act and any other relevant agreements, the Minister for Justice signs a certificate for extradition. of Justice request that the Gardaí investigate his/her whereabouts. A request for extradition must be made by the Ambassador or other diplomatic official to the Department of Foreign Affairs, who then forward the request to the Dept. The process to be followed by countries seeking the extradition of a fugitive living in Ireland is laid out in a set of guidelines available from the Department of Justice. Where a country in relation to which this Part applies duly requests the surrender of a person who is being proceeded against in that country for an offence or who is wanted by that country for the carrying out of a sentence, that person shall, subject to and in accordance with the provisions of this Part, be surrendered to that country. The basis for all this is the Extradition Act 1965, s 9 of which provides: The Irish system of extradition is governed by a number of domestic statutes, international agreements and, more recently, EU measures. In this post, I would like to share with you what I learned and how this relates to the case of Michael Lynn.Įxtradition is the official means of transferring a person living in one country to another where he is wanted for a crime. I thought the writing a blog post on a topical legal issue to be an ideal opportunity to explore the mechanics of extradition in greater detail. Like most people, I had heard of extradition and had a rough idea of its meaning and purpose, but never really understood the system’s inner workings. Recent high profile extradition cases, in particular the case of solicitor Michael Lynn, have got me thinking about what is a hugely important, yet little-important legal process.
0 kommentar(er)
