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S.I. No. 275/1971 -- District Court (Extradition Act, 1965) Amending Rules, 1971.

S.I. No. 275/1971 -- District Court (Extradition Act, 1965) Amending Rules, 1971. 1971 275

S.I. No. 275/1971:

DISTRICT COURT (EXTRADITION ACT, 1965) AMENDING RULES, 1971.

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act, 1924 , section 72 of the Courts of Justice Act, 1936 , and section 17 of the Interpretation Act, 1937 (as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ), and section 34 of the Courts (Supplemental Provisions) Act, 1961 , do hereby, with the concurrence of the Minister for Justice, make the following Rules of Court:--

1. These Rules may be cited as the District Court (Extradition Act, 1965) Amending Rules, 1971.

2. The Forms annexed to these Rules shall be substituted for Forms 10, 12, 13, 15, 16, 17, 18 and 19 contained in the Schedule to the District Court (Extradition Act, 1965) Rules, 1968 ( S.I. No. 279 of 1968 ).

Form 10

EXTRADITION ACT, 1965

SECTIONS 46 (1) and 52 (1)

COMMITTAL WARRANT BY A PEACE COMMISSIONER

(remand to the District Court)

District Court Area of		District No.
WHEREAS	*(alias)
of
was this day before me, a Peace Commissioner acting in said
District, he having been arrested on the		day of
19	on foot of a warrant dated	day of
19	charging that †
which said warrant was issued by a Judicial Authority,
to wit, (a)
at (b)

in (c)

a place in relation to which Part III of the above Act applies, and which said warrant was duly endorsed pursuant to section 43 of the above Act;

AND WHEREAS the said			was remanded
by me to a sitting of the District Court at
on the	day of	19		at	.m.
(being the earliest practicable sitting of the District Court in said District within eight days
after the arrest):

THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the said in the (prison) (remand institution, he being not more than twenty-one years of age) at there to be detained by the
Governor person in charge	thereof until the said sitting when you shall have
him at such sitting to be further dealt with according to law; and it shall be lawful for you to lodge the said forthwith in the Garda Síochána station at in the custody of the member of the Garda Síochána in charge of such station to be there detained for a period not exceeding forty-eight hours;
And for this the present warrant shall be a sufficient authority to all whom it may concern.

Dated this	day of		19
		Signed ............................................................ .........
			Peace Commissioner

To the Superintendent of the Garda Síochána

at

*Consent to and conditions of release

I hereby consent to the said

being conditionally released on his entering into a recognizance himself in the sum of £ and one sufficient surety in the sum of £ or two sufficient sureties in the sum of £ each *(and I further consent that in lieu of such surety or sureties pounds be accepted).

Dated this	day of	19
	Signed............................................................ .........................
		Peace Commissioner

*Delete where inapplicable.

†Give particulars of conviction or state offence.

(a) State Judicial Authority.

(b) State place where warrant issued.

(c) State whether Northern Ireland, England and Wales, Scotland, the Isle of Man or the Channel Islands.

Form 12

EXTRADITION ACT, 1965

SECTION 46 (2)

WARRANT OF ARREST

(failure to appear at the District Court on remand by a Peace Commissioner)

District Court Area of		District No.
WHEREAS	*(alias)
of

was arrested on foot of a warrant dated		day of
19	charging that †
which said warrant was issued by a Judicial Authority,
to wit, (a)
at (b)

in (c)

a place in relation to which Part III of the above Act applies, and which said warrant was duly endorsed pursuant to section 43 of the above Act;

AND WHEREAS the said was admitted to bail by recognizance before a Peace Commissioner conditioned for his appearance at the sitting of the District Court at in said District on the day of 19 at .m. in connection with proceedings under section 47 of the above Act;

AND WHEREAS the said has failed to appear at the time and place as he was bound so to do by the condition of the said recognizance:

AND WHEREAS the said recognizance has been produced to me sitting at the Court before which the said was bound to appear:

THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said and bring him before a Justice of the District Court for the District in which he is arrested, if such Justice is immediately available and, if not, before a Peace Commissioner in that District to be dealt with according to law.

And for this the present warrant shall be a sufficient authority to all whom it may concern.

Dated this	day of	19
	Signed............................................................ .........................
		Justice of the District Court

To the Superintendent of the Garda Síochána

at

*Delete where inapplicable.

†Give particulars of conviction or state offence.

(a) State Judicial Authority.

(b) State place where warrant issued.

(c) State whether Northern Ireland, England and Wales, Scotland, the Isle of Man or the Channel Islands.

Form 13

EXTRADITION ACT, 1965

SECTION 47 (4)

COMMITTAL WARRANT

(remand)

District Court Area of			District No
WHEREAS	*(alias)
of
was this day before me, at a sitting of the District Court at

		in the Court Area and District aforesaid,
he being the person named or described in a warrant dated
day of	19	reciting that	†
which said warrant was issued by a Judicial Authority,
to wit, (a)
at (b)

in (c)

a place in relation to which Part III of the above Act applies, and which said warrant was duly endorsed pursuant to section 43 of the above Act;

AND WHEREAS the hearing of proceedings under section 47 of the above Act has been adjourned to the sitting of the District Court at in said District on the

day of

19

at

.m.:

THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the said in the (prison) (remand institution, he being not more than twenty-one years of age) at there to be detained by the
*Governor	thereof until the above time of adjournment
*person in charge

when you shall have him at the said sitting to be further dealt with according to law; and it shall be lawful for you to lodge the said forthwith in the Garda Síochána station at in the custody of the member of the Garda Síochána in charge of such station to be there detained for a period not exceeding forty-eight hours.

And for this the present warrant shall be a sufficient authority to all whom it may concern.

Dated this

day of

19

	Signed............................................................ .........
Justice of the District Court

To the Superintendent of the Garda Síochána

at

*Consent to and conditions of release

I hereby consent to the said

being conditionally released on his entering into a recognizance himself in the sum of £ and one sufficient surety in the sum of £ or two sufficient sureties in the sum of £ each *(and I further consent that in lieu of such surety or sureties pounds be accepted).

Dated this

day of

19

Signed.........................................................

Justice of the District Court

*Delete where inapplicable.

†Give particulars of conviction or state offence.

(a) State Judicial Authority.

(b) State place where warrant issued.

(c) State whether Northern Ireland, England and Wales, Scotland, the Isle of Man or the Channel Islands.

Form 15

EXTRADITION ACT, 1965

SECTIONS 47 AND 52

ORDER FOR DELIVERY AT POINT OF DEPARTURE

(committal warrant)

District Court Area of		District No.
WHEREAS	*(alias)
of

was this day before me, at a sitting of the District Court at in the Court Area and District aforesaid, he being the person named or described in a warrant dated

day of 19 reciting that†

which said warrant was issued by a Judicial Authority,

to wit, (a)

at (b)

in (c)

a place in relation to which Part III of the above Act applies, and which said warrant was duly endorsed pursuant to section 43 of the above Act;

AND WHEREAS it appears to me that the offence specified in the said warrant corresponds with an offence under the law of the State which is *(an indictable offence) *(punishable on summary conviction by imprisonment for a maximum period of at least six months), to wit, (d)

IT IS HEREBY ORDERED that you deliver the said
at‡

(being a convenient point of departure from the State) into the custody of a member of (e)

being the police force of the place where the said warrant was issued and which is situate in (c)

for conveyance to (b)

being the place where the said warrant was issued;

AND the said having been informed by the Court on the making of this Order that he would not be delivered up until the expiration of fifteen days from the date hereof except with his consent given before a Justice of the District Court or a Peace Commissioner and also of the right within the said period to have an application made by him or on his behalf for an order of habeas corpus or for his release under section 50 of the said Act and that in the event of such application being made that he would not be delivered up while such application is pending:

IT IS HEREBY FURTHER ORDERED that you lodge the said in the *(prison) *(remand institution, he being not more than twenty-one years of age) at there to be detained by the

*Governor	thereof for a period not less than fifteen days
*person in charge

from the date hereof (except in the meantime the said has consented to his being delivered up within the said period of fifteen days) until the date of his delivery as aforesaid and for any further period as may be necessary according to law;

and it shall be lawful for you to lodge the said

forthwith in the Garda Síochána station at

in the custody of the member of the Garda Síochána in charge of such station to be there detained for a period not exceeding forty-eight hours.

And for this the present warrant shall be a sufficient authority to all whom it may concern.

Dated this

day of

19

	Signed............................................................ ............................
	Justice of the District Court

To the Superintendent of the Garda Síochana

at

*Consent to and conditions of release

I hereby consent to the said being conditionally released on his entering into a recognizance conditioned in accordance with section 52 (3) of the above Act, himself in the sum of £ and one sufficient surety in the sum of £ or two sufficient sureties in the sum of £ each

*(and I further consent that in lieu of such surety or sureties pounds be accepted).

Dated this

day of

19

	Signed............................................................ .......................
	Justice of the District Court

*Delete where inapplicable.

†Give particulars of conviction or state offence.

(a) State Judicial Authority.

(b) State place where warrant issued.

(c) State whether Northern Ireland, England and Wales, Scotland, the Isle of Man or the Channel Islands.

(d) State corresponding offence under the law of the State.

(e) State official title of Police Force as in original warrant.

‡Give exact point of departure i.e., "Dublin Airport", "the Pier, Dún Laoghaire", etc.

Form 16

EXTRADITION ACT, 1965

SECTION 48 (1)

CONSENT TO ORDER FOR DELIVERY AT

POINT OF DEPARTURE

District Court Area of		District No.
1	*(alias)
of

the subject of an Order for my delivery from the State at a convenient point of departure into the custody of a member of (a)

being the police force of the place where the warrant was issued and which is situate in

(c)	for conveyance to
(b)		being the place

where the warrant was issued, having been informed by the Court upon the making of the said Order of my right to make an application for an order of habeas corpus or an application under section 50 of the above Act and having been further informed that I would not be delivered up during a period of fifteen days from the date of the said Order for delivery, except with my consent or while any such application is pending, DO NOW HEREBY CONSENT to be delivered up.

		Signed...............................................
Signed by the above-named
in my presence this	day of		19

	Signed................................................
	Justice of the District Court or Peace Commissioner

*Delete where inapplicable.

(a) State official title of Police Force as in original warrant.

(b) State place where warrant issued.

(c) State whether Northern Ireland, England and Wales, Scotland, the Isle of Man or the Channel Islands.

Form 17

EXTRADITION ACT, 1965

SECTION 49

INFORMATION

District Court Area of

District No.

The information of

on oath: --

who says

1. I am a member of the Garda Síochána not below the rank of Inspector.

2. I have reason to believe that a warrant has been issued by a Judicial Authority, to wit, (a)

at (b)

in (c)

a place in relation to which Part III of the above Act applies, for the arrest of *(alias) of *(accused) *(convicted) of an indictable offence under the law of that place, to wit, †

3. The said warrant has not yet come into my possession.

4. I have received a request made on the ground of urgency by or on behalf of (d)

at (b)

in (c)

for the issue in the State of a warrant for the arrest of the said

5. I have reason to believe that the said may be found in the State.

‡6. I have reason to believe that the requirements of subsection (3) of section 43 of the above Act have been satisfied.

I, therefore, apply for the issue of a warrant for the arrest of the said

	Signed............................................................
	Informant

Sworn before me this

day of

19

	Signed............................................................ .
	Justice of the District Court

(a) State Judicial Authority.

(b) State place where warrant issued.

(c) State whether Northern Ireland, England and Wales, Scotland, the Isle of Man or the Channel Islands.

(d) State official title of Police Force.

*Delete where inapplicable.

†Give particulars of conviction or state offence.

‡Delete where warrant is not for the arrest of a convicted person.

Form 18

EXTRADITION ACT, 1965

SECTION 49

PROVISIONAL WARRANT OF ARREST

District Court Area of

District No.

WHEREAS a sworn information has been made by a member of the Garda Síochána not below the rank of Inspector that:--

1. He has reason to believe that a warrant has been issued by a Judicial Authority, to wit, (a)

at (b)

in (c)

a place in relation to which Part III of the above Act applies,
for the arrest of	*(alias)
of
(accused) (convicted) of an indictable offence under the law of that place, to wit,†
but that the warrant is not yet in his possession.

2. He has received a request made on the ground of urgency by or on behalf of (d)

at (b)

in (c)

for the issue in the State of a warrant for the arrest of the said

3. He has reason to believe that the said may be found in the State.

‡4. He has reason to believe that the requirements of subsection (3) of section 43 of the above Act are satisfied.

THIS IS TO COMMAND any member of the Garda Síochána to arrest the said within five days from the date of this warrant and bring him before a Justice of the District Court for the District in which he is arrested, if such Justice is immediately available and, if not, before a Peace Commissioner in that District to be dealt with according to law.

And for this the present warrant shall be a sufficient authority to all whom it may concern.

Dated

this day of

19

	Signed..........................................................
Justice of the District Court

To the Superintendent of the Garda Síochána

at

(a) State Judicial Authority.

(b) State place where warrant issued.

(c) State whether Northern Ireland, England and Wales, Scotland, the Isle of Man or the Channel Islands.

(d) State official title of Police Force.

*Delete where inapplicable.

†Give particulars of conviction or state offence.

‡Delete where warrant is not for the arrest of a convicted person.

Form 19

EXTRADITION ACT, 1965

SECTION 49 (6), (7)

COMMITTAL WARRANT

(for not more than three days after arrest on provisional warrant)

District Court Area of		District No.
WHEREAS	*(alias)

of

was this day before me, at a sitting of the District Court at in the Court Area and District aforesaid, on foot of a provisional warrant of arrest dated day of

19 , issued pursuant to section 49 of the above Act, on the ground that there is reason to believe that a warrant has been issued by a Judicial Authority, to wit, (a)

at (b)

in (c)

a place in relation to which Part III of the above Act applies, for the arrest of the said *(accused) *(convicted) of an indictable offence under the law of that place, to wit, †

AND WHEREAS the last mentioned warrant endorsed in accordance with the provisions of Part III of the above Act was not produced to me;

AND WHEREAS I did remand the said

until the last mentioned warrant so endorsed be produced to the person having the custody of the said

or until the day of 19 (a day not more than three days from the date hereof) whichever is the earlier;

THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the said in the *(prison) *(remand) institution, he being not more than twenty-one years of age) at

there to be detained by the

*Governor	thereof until the said warrant endorsed in
*person in charge

accordance with the provisions of Part III of the above Act is produced to the said

*Governor	or until the aforesaid day of
*person in charge

19 , to be then released if the said warrant has not been produced as aforesaid; and it shall be lawful for you to lodge the said

forthwith in the Garda Síochána station at

in the custody of the member of the Garda Síochána in charge of such station, for forty-eight hours unless the said warrant endorsed in accordance with the provisions of section 43 of the above Act be sooner produced to the said member.

And for this the present warrant shall be a sufficient authority to all whom it may concern.

Dated this

day of

19

	Signed......................................................
Justice of the District Court

To the Superintendent of the Garda Síochána

at

*Consent to and conditions of release

I hereby consent to the said

being conditionally released on his entering into a recognizance conditioned in accordance with section 52 (3) of the above Act, himself in the sum of £ and one sufficient surety in the sum of £ or two sufficient sureties in the sum of £ each *(and I further consent that in lieu of such surety or sureties pounds be accepted).

Dated this

day of

19

	Signed......................................................
	Justice of the District Court

*Delete where inapplicable.

†Give particulars of conviction or state offence.

(a) State Judicial Authority.

(b) State place where warrant issued.

(c) State whether Northern Ireland, England and Wales, Scotland, the Isle of Man or the Channel Islands.

GIVEN this 7th day of September, 1971.

D. L. UA DONNCHADHA,

Chairman. (Pursuant to section 35 (3)

of the Courts (Supplemental

Provisions) Act, 1961).

John Carr

Richard Knight

Andrew Eddery

I concur in the making of the foregoing Rules.

Dated this 23rd day of September, 1971.

DESMOND O'MALLEY

Minister for Justice.

EXPLANATORY NOTE.

These Rules prescribe certain forms in substitution for forms prescribed in the District Court (Extradition Act, 1965) Rules, 1968.