Criminal Justice Act, 1994

Service outside State of process issued in State.

50.—(1) Process of the following descriptions, that is to say—

(a) a summons requiring a person charged with an offence to appear before a court in the State, and

(b) a summons or order requiring a person to attend before a court in the State for the purpose of giving evidence in criminal proceedings,

may be issued or made notwithstanding that the person in question is outside the State and may be served outside the State in accordance with arrangements made by the Minister for Foreign Affairs.

(2) Service of any process outside the State by virtue of this section shall not impose any obligation under the law of the State to comply with it and accordingly failure to do so shall not constitute contempt of any court or be a ground for issuing a warrant to secure the attendance of the person in question.

(3) Subsection (2) of this section shall operate without prejudice to the service of any process on the person in question if subsequently effected in the State.

(4) Where a person is in the State in compliance with a summons such as is referred to in subsection (1) (a) of this section which has been served on him by virtue of this section, that person shall not be proceeded against, sentenced, detained or otherwise restricted in his personal freedom in the State in respect of any offences committed before his arrival in the State other than the offences specified in the summons unless that person—

(a) having had for a period of 15 consecutive days from the date of his final discharge in respect of the offences specified in the summons an opportunity to leave the State, has not done so, or

(b) having left the State, has returned to it.

(5) Where a person is in the State in compliance with a summons such as is referred to in subsection (1) (b) of this section which has been served on him by virtue of this section, that person shall not be proceeded against, sentenced, detained or otherwise restricted in his personal freedom in the State in respect of any offences committed before his arrival in the State unless that person—

(a) having had for a period of 15 consecutive days from the date when his presence is no longer required as a witness in the proceedings concerned an opportunity to leave the State, has not done so, or

(b) having left the State, has returned to it.