Countries outside the European Union may make a request for extradition to seek the return of a person who is wanted in one of those countries in relation to a crime and who is now living in Ireland. The request may seek the return of the person to:
- stand trial
- face sentencing after conviction
- serve a sentence already handed down by a court in that country
Relevant Irish Law
Provisions in relation to extradition are contained in:
- Part II of the Extradition Act 1965
- the Extradition (European Convention on the Suppression of Terrorism) Act 1987
- the Extradition (Amendment) Act 1994
- the Extradition (European Union Conventions) Act 2001
(You can view these Acts on the Irish Statute Book web site.)
These Acts make provision for obligations under the European Convention of Extradition 1957. Ireland also has bilateral extradition treaties with other countries.
Delivery of Requests
The request for extradition must be sent through the diplomatic channel and should be handed over by a diplomatic officer attached to the requesting country’s embassy in Ireland to an officer in the Legal Division of the Department of Foreign Affairs. A Third Party Note or Note Verbale from the requesting country’s embassy in Ireland, signed by the Ambassador or the Chargé d’Affaires, must accompany the request.
Format of the Formal Request
An extradition request is made up of collection of documents (a dossier), accompanied by a Third Party Note or Note Verbale signed by an ambassador or a Chargé d’Affaires. This note should state clearly that the request is made on behalf of the requesting country, and should set out the name of the person, the location in Ireland, the details of the offence, the warrant of arrest or details of the conviction and sentence. It should specify the time and place where the offence is alleged to have taken place.
A Third Party Note or Note Verbale, signed by the Ambassador or the Chargé d’Affaires,
accompanied by a letter from the Justice Ministry or Public Prosecutor setting out the request, as outlined above, may be submitted as an alternative.
Anybody reading either of these documents should be able to get all the facts and details on the extradition request from it.
Countries with which Ireland has Extradition Treaties
Ireland currently has bilateral extradition treaties with:
- United States of America
For further details, see Extradition – A Guide to Procedures in Ireland (MS Word - 188KB)