S.I. No. 279/1968 - District Court (Extradition Act, 1965) Rules, 1968.

S.I. No. 279 of 1968.

DISTRICT COURT (EXTRADITION ACT, 1965) RULES, 1968.

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 , section 17 of the Interpretation Act, 1937 , and section 48 of the Courts (Supplemental Provisions) Act, 1961 , and with the concurrence of the Minister for Justice, do hereby make the following rules:—

1. These Rules may be cited as the District Court (Extradition Act, 1965) Rules, 1968.

2. These Rules shall come into operation on the 1st day of January, 1969, and shall be read together with all other District Court Rules for the time being in force.

3. In these Rules—

"the Act" means the Extradition Act, 1965 (No. 17 of 1965).

4. The provisions of the District Court Rules, 1948 (S.R. & O. 1947, No. 431) applicable to warrants in proceedings as to offences shall apply to warrants issued under the Act with the exception that warrants issued under sections 26, 27 or 49 of the Act may be addressed to any member of the Garda Síochána in any part of the State and executed by any member of the Garda Síochána in any part of the State.

5. The forms contained in the Schedule to these Rules or such modification of same as may be suitable shall be the forms to be used in proceedings under the Act.

CONTENTS

SCHEDULE

FORMS

General heading to be used for all forms:—

AN CHÚIRT DÚICHE THE DISTRICT COURT

FORM 1

EXTRADITION ACT, 1965

section 26

WARRANT OF ARREST

To the Superintendent of the Garda Síochána

at

^*delete where inapplicable.

†state conviction or offence.

FORM 2

EXTRADITION ACT, 1965

section 27

INFORMATION

(provisional arrest)

^*delete where inapplicable.

FORM 3

EXTRADITION ACT, 1965

section 27

PROVISIONAL WARRANT OF ARREST

To the Superintendent of the Garda Síochána

at

^*delete where inapplicable.

†state nature of offence and time at which and place where alleged to have been committed.

FORM 4

EXTRADITION ACT, 1965

section 27 (5)

TO THE MINISTER FOR JUSTICE

I wish to inform you that a provisional warrant of arrest, copy of which is attached, has this day been issued by me.

FORM 5

EXTRADITION ACT, 1965

section 27

COMMITTAL WARRANT

(REMAND to the District Court pending order of the Minister)

To the Superintendent of the Garda Síochána

at

*Consent to and conditions of release

^*delete where inapplicable.

†state nature of offence and time at which and place where alleged to have been committed.

FORM 6

EXTRADITION ACT, 1965

section 29 (2)

COMMITTAL WARRANT

(remand to the District Court for production of further information)

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

To the Superintendent of the Garda Síochána,

  at

*Consent to and conditions of release

^*delete where inapplicable.

†state nature of offence and time at which and place where alleged to have been committed.

FORM 7

EXTRADITION ACT, 1965

section 29 (1)

COMMITTAL WARRANT

(to await order of the Minister)

AND THE COURT BEING SATISFIED that:—

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

To the Superintendent of the Garda Síochána

at

^*delete where inapplicable.

†state nature of offence and time at which and place where alleged to have been committed.

FORM 8

EXTRADITION ACT, 1965

section 29 (3) (b)

CERTIFICATE OF COMMITTAL

(to the Minister for Justice)

I wish to inform you that a committal warrant, copy of which is attached, has this day been made by me.

FORM 9

EXTRADITION ACT, 1965

section 31

CONSENT TO SURRENDER

^*delete where inapplicable.

FORM 10

EXTRADITION ACT, 1965

sections 46 (1) and 52 (1)

COMMITTAL WARRANT BY A PEACE COMMISSIONER

(remand to the District Court)

which said warrant was issued by a Judicial Authority in †Northern Ireland †England and Wales †Scotland †the Isle of Man †the Channel Islands, 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;

(being the earliest practicable sitting of the District Court in said District within eight days after the arrest) ;

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

To the Superintendent of the Garda Síochána

at

*Consent to and conditions of release

^*delete where inapplicable.

‡give particulars of conviction or state offence.

†delete places not relevant.

^*delete where napplicable.

FORM 11

EXTRADITION ACT, 1965

section 46

RECOGNISANCE TAKEN BY A PEACE COMMISSIONER

*give particulars of conviction or state offence.

FORM 12

EXTRADITION ACT, 1965

section 46 (2)

WARRANT OF ARREST

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

To the Superintendent of the Garda Síochána

at

* delete where inapplicable.

_‡give particulars of conviction or state offence.

_†delete places not relevant.

FORM 13

EXTRADITION ACT, 1965

section 47 (4)

COMMITTAL WARRANT

(remand)

which said warrant was issued by a Judicial Authority in †Northern Ireland †England and Wales †Scotland †the Isle of Man †the Channel Islands, a place in relation to which Part III of the above Act applies ;

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

To the Superintendent of the Garda Síochána

at

*Consent to and conditions of release

*delete where inapplicable.

‡give particulars of conviction or state offence.

†delete places not relevant.

FORM 14

EXTRADITION ACT, 1965

section 47 (4)

RECOGNISANCE

*give particulars of conviction or state offence.

FORM 15

EXTRADITION ACT, 1965

sections 47 and 52

ORDER FOR DELIVERY AT POINT OF DEPARTURE

(committal warrant)

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 in †Northern Ireland †England and Wales †Scotland †the Isle of Man †the Channel Islands, a place in relation to which Part III of the above Act applies;

AND WHEREAS I am satisfied that the endorsement of the said warrant is in accordance with the provisions of Part III of the above Act;

IT IS HEREBY ORDERED that you deliver the said ........................................................ at § ........................................................(being a convenient point of departure from this State) into the custody of a duly authorised member of a Police Force of †Northern Ireland †England and Wales †Scotland †the Isle of Man †the Channel Islands, being the place where the said warrant was issued, for conveyance to †Northern Ireland †England and Wales †Scotland †the Isle of Man †the Channel Islands;

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 thereof for a period not less than fifteen days 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 sufficient authority to all whom it may concern.

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 recognisance 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).

*delete where inapplicable.

‡give particulars of conviction or state offence.

†delete places not relevant.

§ 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

*delete where inapplicable.

†delete places not relevant.

FORM 17

EXTRADITION ACT, 1965

section 49

INFORMATION

The information of ............................................................ .................. who says on oath:—

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 in †Northern Ireland †England and Wales †Scotland †the Isle of Man †the Channel Islands, 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 a Police Force of † Northern Ireland † England and Wales † Scotland † the Isle of Man † the Channel Islands 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 .........……………………

†delete places not relevant.

*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

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

(a) he has reason to believe that a warrant has been issued by a Judicial Authority in † Northern Ireland † England and Wales † Scotland † the Isle of Man † the Channel Islands, 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.

(b) he has received a request made on the ground of urgency by or on behalf of a Police Force of that place for the issue in the State of a warrant for the arrest of the said .....................................................

(c) he has reason to believe that the said ................................................... may be found in the State.

§(d) 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

To the Superintendent of the Garda Síochána

at

†delete places not relevant.

*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)

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 the ............ 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 in †Northern Ireland †England and Wales †Scotland †the Isle of Man †the Channel Islands, 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 thereof until the said warrant endorsed in accordance with the provisions of Part III of the above Act is produced to the said or until the aforesaid ............. day of .................................... 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.

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 recognisance 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).

*delete where inapplicable.

*delete where inapplicable

†delete places not relevant.

‡state offence or give particulars of conviction.

FORM 20

EXTRADITION ACT, 1965

sections 47 (1), 49 (6), 52 (2A), 52 (3), 52 (4) and 52 (5)

RECOGNISANCE

The condition of this recognisance is that the said ........................................................ will surrender himself to the member of the Garda Síochána in charge of the Garda Síochána station at ................................................ at the time mentioned in a notice in writing to be served on him by or on behalf of that member, then the said recognisance to be void, or else to stand in full force and effect.

FORM 21

EXTRADITION ACT, 1965

section 52 (3)

NOTICE TO SURRENDER

To ............................................................ 

of ...........................................................

*delete where inapplicable.

FORM 22

EXTRADITION ACT, 1965

sections 47 (1), 49 (6) and 52 (5)

INFORMATION

The information of ......................................................... who says on oath:—

1. On the ...................... day of .................................... 19 ..........., ............................................................ .. *(alias) ..............................................………………….. of ......………………………………………… entered into a recognisance, which I now produce, conditioned for his surrender to the member of the Garda Síochána in charge of the Garda Síochána station at ................................................ at the time mentioned in a notice in writing to be served on him by or on behalf of that member.

2. A notice in writing was duly served on the said .................................................. by or on behalf of the said member on the ................. day of .................................... 19 ......., requiring the said ..................................................... to surrender himself to the said member at the Garda Síochána station at ......................................................... on the ............ day of .................................... 19 ....., not later than ...... m.

3. The said ...................................................... has failed to surrender himself at the time and place named in the said notice.

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

*delete where inapplicable.

FORM 23

EXTRADITION ACT, 1965

sections 47 (1), 49 (6) and 52 (5)

WARRANT OF ARREST

WHEREAS .................................................... *(alias) ........................................................ of ............................................................ ............................................................ ............. was admitted to bail by recognisance conditioned for his surrender to the member of the Garda Síochána in charge of the Garda Síochána station at ............................................................ .................................. at the time mentioned in a notice in writing to be served on him by or on behalf of that member;

AND WHEREAS a notice in writing was duly served on the said ............................................................  by or on behalf of the said member on the ............ day of ................................... 19......., requiring the said ........ ................................................to surrender himself to the said member of the Garda Síochána at ...................................................... on the ............ day of ................................... 19......., not later than ....... m.;

AND WHEREAS the said ...................................................... has failed to surrender himself at the time and place named in the said notice;

THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said ............................................................ ............................................................ ...............................

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

To the Superintendent of the Garda Síochána

at

*delete where inapplicable.

GIVEN this 19th day of December, 1968.

I concur in the making of the foregoing Rules.

Dated this 19th day of December, 1968.

Micheál Ó Móráin

Minister for Justice.

EXPLANATORY NOTE

These Rules, which come into operation on 1st January, 1969, prescribe the Forms to be used in District Court proceedings under the Extradition Act, 1965.