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Extradition is a process whereby a State requests the transfer of a person from Ireland to the requesting State for the purposes of being tried for an offence or for serving a sentence that has already been imposed. Extraditions requests most commonly arise by way of European Arrest Warrants issued by other European Union member states. States outside of the European Union may also seek the extradition of a person from Ireland by way of various bilateral agreements which have been put in place pursuant to the Extradition Act, 1965.
What happens if you are the subject of a European Arrest Warrant / Extradition Request?
Generally you will only become aware of an European Arrest Warrant or Extradition request when Gardai arrest you. When you are arrested, Gardai must bring you before the next available sitting of the Extradition List at the High Court in Dublin. Generally, there is a Judge assigned to hear extradition matters every day, with the exception of weekends.
Your matter will not be finalised on the first day you are brought before the Court. Your matter will be adjourned in order to enable you to meet your legal team and receive advice. Your matter may be listed before the Court on several occasions before being finalised.
Generally, extradition matters can take anywhere from three to six months to finalise and in certain circumstances, even longer.
You are entitled as of right to legal representation throughout the process. If you cannot afford to pay for a solicitor, you are entitled to free legal aid under the Attorney General Scheme. We will discuss this with you in more detail.
If you require the assistance of an interpreter, you are entitled to have one present throughout the entire process. If you cannot afford to pay for an interpreter, you are entitled to free legal aid under the Attorney General Scheme. We will discuss this with you in more detail.
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