Anglo-Irish Extradition

AuthorColin Warbrick
Published date01 November 1988
Date01 November 1988
DOIhttp://doi.org/10.1177/002201838805200407
Subject MatterArticle
ANGLO-IRISH
EXTRADITION
Colin Warbrick*
The
United Kingdom has recently completed the reform of its
extradition law.1Provision is made for the incorporation in the
future of arrangements with the Republic of Ireland within the
general scheme- but, for the present, extradition between the UK
and Ireland willcontinue to be governed by a special regime based
on parallel (but by no means identical) legislation in each State.
In the UK, this is the Backing of Warrants (Republic of Ireland)
Act 1965.3In the Republic, it is Part III of the Extradition Act
1965, as amended by the Extradition Acts 1987.4There is no
extradition treaty between the UK and Ireland, although both
States are parties to the European Convention on the Suppression
of Terrorism, which each has given effect to in its domestic law."
The arrangements under the 1965 legislation are very informal,
warrants issued in one jurisdication simply requiring endorsement
for enforcement in the other.6Aperson arrested on an endorsed
warrant may challenge his removal in the courts on various
grounds, e.g. that the offence for which he is wanted is not an
Department of Law, University of Durham.
1Criminal Justice Act 1988, Part I and Sched. 1.
2The Republic is not a "foreign state" for the purposes of the Act, s.1(4)(d),
but, as a party to the European Convention on Extradition 1957, may be treated
as a foreign state, i.e. the Convention may provide the basis for extradition between
Ireland and the UK, if and when the UK becomes a party, the Republic already
being a party. Schedule 1 makes amendment to the existing arrangements by
providing a right of appeal to the police in the UK if an application to the courts
results in an order to discharge a warrant under s.2 of the Backing of Warrants
(Republic of Ireland) Act 1965and provision for the detention or release on bail
of a fugitive while the appeal is heard.
3See Hartley Booth, British Extradition Law and Procedure, Vol. 1(1980), ch.
XI.
4See Forde, Extradition Law in Ireland (1988), ch. II.
sU.K.T.S. (1978) No. 93, Cmnd. 7390. In UK, Suppression of Terrorism Act
1978; in the Republic, Extradition (European Convention on the Suppression of
Terrorism) Act 1987.
6In the UK, the warrant must be backed by a magistrate, s.(2); in the Republic,
it must be endorsed by the Commissioner of the Garda, s.43(1)(b).
414

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