Extradition to and from Ireland

Extradition is the transfer of a person from one country to another so they can be prosecuted or punished for an offence they have been convicted of.

Extradition is usually only possible if there is an extradition agreement between the two countries in question.

So, Ireland must have an agreement with the other country before someone can be extradited to or from Ireland.

Each country has specific rules about extradition. For example, Ireland does not allow extradition for the purposes of investigation of a criminal offence only.

Since 2004, extradition between EU member states has been governed by the European Arrest Warrant Framework Decision. This has been implemented in Ireland by the European Arrest Warrant Act 2003 and 2012 and 2024.

Extradition to other countries from Ireland is governed by the Extradition Act 1965 as amended.

You may be extradited from Ireland to countries if Ireland has extradition agreements where certain conditions are met including:

• Dual criminality: You are charged with an offence that is punishable by imprisonment in Ireland and also in the other country for at least a year. Or, you are convicted of such an offence, and a sentence of at least four months has been imposed. So, the offence must be the same in the two countries. You may not be extradited if you are going to be held in custody for the purpose of investigation.
• Not a political offence or one connected with a political offence. The definition of political offence was initially quite wide but has now been narrowed considerably. In general, it does not include terrorist type offences.
• The death penalty does not apply to the offence.

Process of extradition

The other country that is looking for your extradition from Ireland must apply for your extradition to the Minister for Justice. All extradition proceedings are then dealt with by the High Court. The usual rules in relation to criminal trials apply to extradition proceedings.

If you are an Irish national, you cannot be extradited unless the specific extradition treaty or arrangement says otherwise. For example, treaties with the United States and with Australia apply to Irish citizens or nationals.

Further information on extradition from Ireland to non-EU countries is available on the Department of Justice’s website.

When the United Kingdom left the European Union, this meant some of the laws that were used for extradition between the UK and Ireland stopped applying.

If you were validly arrested under a European Arrest Warrant before 11pm on 31 December 2020, the European Arrest Warrant regime applies to your extradition to the UK.

If you have been arrested for extradition since 11pm on 31 December 2020, the EU-UK Trade and Cooperation Agreement continues to allow extradition to Ireland from the UK and vice versa. This agreement contains similar extradition rules and procedures to the European Arrest Warrant regime. This also applies to pre-31 December 2020 requests for extradition when the person had not been arrested at that time.

Since 1 January 2004, a European Arrest Warrant (EAW) valid throughout the EU has replaced extradition procedures between EU member states.

If you are extradited to or from another EU country, a European Arrest Warrant may be issued by a national judicial authority if you are accused of an offence for which the maximum penalty is at least a year in prison or if you have been sentenced to a prison term of at least four months. The European Arrest Warrant Procedure also applies to Norway and Iceland, even though they are not EU member states.

You can only be extradited from Ireland to another EU country for the purposes of:

• Being tried for an offence
• Serving a custodial sentence or detention order

You cannot be extradited from Ireland to another EU country to be kept in custody simply for investigation purposes.

Dual criminality for European Arrest Warrants

Dual criminality is when there are similar offences under the laws of both states. Until January 2004, dual criminality was required for all offences if you were to be extradited.

Since January 2024, dual criminality is not needed for extradition between EU member states if you have committed certain major offences which are listed in the European Arrest Warrants Act 2003 including:

• Participation in a criminal organisation
• Terrorism
• Trafficking in human beings
• Sexual exploitation of children and child pornography
• Trafficking in arms
• Ammunition and explosives
• Corruption, fraud, money laundering and counterfeiting of money.

If the offence is serious enough and punishable by at least 3 years' imprisonment in the member state that has issued the warrant, then the arresting state must execute the European Arrest Warrant for the above listed crimes even if the definition of the offence is not the same.

The dual criminality requirement remains for all other offences.

Timeframe for European Arrest Warrants

Usually, the state will decide whether or not to extradite you within 60 days of your arrest or, if this is not possible, within 90 days. These are not legally binding limits but are examples of the time scales involved.

Who manages the European Arrest Warrant in Ireland?

In Ireland, the Department of Justice manages the European Arrest Warrant process as the nominated central authority.

The Director of Public Prosecutions may apply to the High Court for a European Arrest Warrant when somebody is in another member state and faces charges or must serve a sentence in Ireland.

Part II of the Extradition Act 1965 provides for extradition between Ireland and countries other than the UK. This legislation is modelled on the 1957 Council of Europe Convention on Extradition to which Ireland is a party.

Ireland is also a party to a number of international conventions which provide special extradition arrangements in relation to specific offences - for example, in the aviation field. The 1965 Act has been amended on a number of occasions. In fact, Part III of the 1965 Act dealing with extradition between Ireland and the UK was repealed by the European Arrest Warrant Act 2003.

The Extradition (European Union Conventions) Act 2001 provided for the implementation of the 1995 and 1996 Conventions on Simplified Extradition Procedure between the member states of the European Union. The Act also provides that all extradition proceedings are to be heard in the High Court.

Political offences and extradition 

The Extradition (European Convention on the Suppression of Terrorism) Act 1987 is based on the European Convention on the Suppression of Terrorism. This legislation restricts the circumstances in which a person can avoid extradition on the grounds that the offence in question is a political offence or an offence connected with a political offence.

The underlying principle of the terrorism convention was that perpetrators of acts of terrorism should not be immune from extradition, by pleading that the act they had committed was a political offence.

The Extradition (Amendment) Act 1994 extended the range of offences that could not be regarded as political for extradition purposes.