General Principles Generally, criminal law does not extend beyond international state boundaries. Persons are usually charged only with crimes committed within the state either in terms of the cause or effect. Certain exemptions and exceptions exist by statute. Certain crimes committed in Northern Ireland may be tried in Ireland under the Criminal Law (Jurisdiction) Act 1976. There are other examples, such as under the Child […]
Conditions for Arrest The European Arrest Warrant takes effect pursuant to an EU decision to establish the common framework for the enforcement of arrest warrants. The High Court is the relevant court in respect of a European Arrest Warrant. The general principle is that once an EU judicial authority issues a European Arrest Warrant in respect of a person against whom it is intended to […]
Background Extradition is the process by which a person is removed from one state to another in order to face trial or punishment. It generally applies to those who are tried for an offence but may also apply to those convicted, who have escaped custody or who have been convicted in their absence. The general principle of criminal law is that it applies only to […]
Initiation A European Arrest Warrant procedure or extradition proceedings are initiated by a foreign EU State or Treaty State, making a request for extradition through the designated channels. An application is made on behalf of the Minister for Justice or Attorney General to the High Court, seeking authority to arrest the person, in order to enable him to the requesting State. There is provision for […]
Political Exception Surrender arrangements have commonly provided exceptions for political offences. The Geneva Convention protects persons who are persecuted for political opinion. The rationale behind the political exception which dates back to the commencement of extradition, is readily apparent. States are not willing to extradite their citizens to face prosecution for essentially political activity, which may be criminalised as treason or sedition. The position is […]