S.I. No. 266/1994 - District Court (Extradition) Rules, 1994.

S.I. No. 266 of 1994.

DISTRICT COURT (EXTRADITION) RULES, 1994.

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 (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 ..

1. These Rules may be cited as the District Court (Extradition) Rules, 1994.

2 ..

2. These Rules shall come into operation on the 24th day of August, 1994 and shall be read together with all other District Court Rules for the time being in force.

3 ..

3. In these Rules—

"the Act of 1994" means the Extradition (Amendment) Act, 1994 (No. 6 of 1994);

"Form" means a form set out in the schedule to these Rules or such modification of the form as may be appropriate in the circumstances;

"judge of the District Court assigned to the Dublin Metropolitan District" means the President of the District Court and any other judge of the District Court assigned to the Dublin Metropolitan District nominated for the purposes of the Principal Act by the President of the District Court;

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

4 Part II Warrant of arrest (sec. 26)

4. Where, on production to a judge of the District Court assigned to the Dublin Metropolitan District of a certificate of the Minister for Justice under section 26 (1) (a) of the Principal Act (as substituted by section 7 of the Act of 1994) certifying that a request has been made in accordance with Part II of the Principal Act for the extradition of a person, the judge issues a warrant under section 26 (1) (b) of the Principal Act (as substituted by the said section 7) for the arrest of that person, such warrant shall be in the Form 1.

5 Provisional arrest (sec. 27)

5. (1) An application for the issue of a warrant under section 27 (1) of the Principal Act (as substituted by section 8 of the Act of 1994) for the arrest of a person shall be made by the information on oath and in writing, in the Form 2, of a member of the Garda Síochána not below the rank of inspector.

(2) Where, on foot of such information and without a certificate of the Minister for Justice under section 26 (1) (a) of the Principal Act, the judge issues a warrant for the arrest of the person, such warrant (for provisional arrest) shall be in the Form 3.

(3) Where a judge issues a warrant under section 27 (1) of the Principal Act, the Clerk shall forthwith send to the Minister for Justice a notice in the Form 4 informing the Minister of the issue of the warrant.

(4) Where a person arrested under a warrant issued under the said section 27 (1) is before a judge of the District Court assigned to the Dublin Metropolitan District and the judge remands the said person in custody pending the production of a certificate of the Minister for Justice under section 26 (1) (a) of the Principal Act, the committal warrant in such case shall be in the Form 5.

6 Committal of person whose extradition is requested (sec. 29)

6. (1) Where a person is before the Court under section 26 or 27 of the Principal Act and the Court makes an order under section 29 (1) of that Act committing that person to a prison or, as the case may be, a remand institution,there to await the order of the Minister for Justice for his or her extradition, such order of the Court shall be in the Form 6.

(2) Upon the making of such an order by the Court, the Clerk shall forthwith send to the Minister, under subsection (3) (b) of the said section 29, a certificate of the committal in the Form 7.

7 Consent to surrender.

7. The consent to be surrendered given, by a person committed under section 29 of the Principal Act, before a judge of the District Court assigned to the Dublin Metropolitan District under section 31 of that Act (as substituted by section 4 of the Act of 1994) shall be in writing in the Form 8.

8 Part III Proceedings before the Court (sec. 47)

8. (1) Where a person named or described in a warrant is before the District Court in pursuance of Part III of the Principal Act, and the Court makes an order under section 47 (1) of that Act (as substituted by section 12 of the Act of 1994) for the delivery of that person into the custody of a member of a police force of the place in which the warrant was issued for conveyance to that place, and remands him or her in custody until so delivered, the order of the court in such case shall be in the Form 9.

(2) If in any such case the Court adjourns the proceedings and remands that person in custody under section 47 (4) of the Principal Act (as substituted by section 12 of the Act of 1994), the committal warrant shall be in the Form 10.

9 Consent to being delivered up (sec. 48)

9. The consent of a person to whom an order under section 47 (1) of the Principal Act relates to be delivered up under the order, given before a judge of the District Court assigned to the Dublin Metropolitan District under section 48 (1) of the Principal Act (as substituted by section 4 of the Act of 1994) shall be in writing in the Form 11.

10 Provisional warrant (sec. 49)

10. (1) An application to a judge of the District Court for the issue of a provisional warrant for the arrest of a person under section 49 (1) of the Principal Act shall be made by the information on oath and in writing, in the Form 12, of a member of the Garda Síochána not below the rank of inspector.

(2) When on foot of such information the judge issues a provisional warrant for the arrest of that person, such warrant shall be in the Form 13.

(3) Where a judge of the District Court assigned to the Dublin Metropolitan District remands a person in custody for not more than seven days under section 49 (6) of the Principal Act (as substituted by section 13 of the Act of 1994), the committal warrant in such case shall be in the Form 14.

11 Form of recognisance (sec. 7a).

11. Where a person arrested under Part II or III of the Principal Act is admitted to bail by order of the High Court under section 7A of that Act (as inserted by section 5 of the Act of 1994) and the order directs that a recognisance be entered into before a judge of the District Court or before the Governor or Deputy Governor of a prison or a remand institution, such recognisance may be in the Form 15 or any modification thereof which may be necessary to comply with the terms and conditions of the said order of the High Court.

12 Provisions applicable to warrants.

12. (1) Subject to the provisions of paragraphs (2) and (3) of this rule, the provisions of the District Court Rules, 1948 (S.R. and 0. 1947, No. 431) applicable to warrants in proceedings as to offences shall apply to warrants issued under the Principal Act.

(2) A warrant of arrest issued under section 26, 27 or 49 of the Principal Act may be addressed to any member of the Garda Síochána in any part of the State.

(3) A warrant to which paragraph (2) hereof relates may be executed by any member of the Garda Síochána in any part of the State, and may be so executed notwithstanding that it is not in the possession of the member at the time; and the warrant shall be shown to, and a copy of same given to, the person arrested at the time of such arrest or, if the warrant is not then in the possession of the member, within twenty-four hours thereafter.

13 Evidence by affidavit.

13. In any proceedings brought before the Court under the Extradition Acts, 1965 to 1994 (other than an application for the issue of a warrant of arrest) the Court may at any time, for such reason as it thinks fit and on such conditions as it thinks reasonable, permit the evidence of any witness to be given by affidavit and permit the affidavit of such witness to be read at the hearing. The Court shall not, however, grant such permission when it appears that any party to the proceedings bona fide requires the production of the witness for cross-examination and that such witness can be produced.

14 ..

14. The District Court (Extradition Act, 1965) Rules, 1968 ( S.I. No. 279 of 1968 ) and the District Court (Extradition Act, 1965) Amending Rules, 1971 ( S.I. No. 275 of 1971 ) are hereby annulled.

SCHEDULE

Dublin Metropolitan District

EXTRADITION ACT, 1965

Section 26 (1) (b)

WARRANT OF ARREST

*Delete if not applicable.

WHEREAS there has been produced to me, a judge of the District Court assigned to the Dublin Metropolitan District, a certificate of the Minister for Justice under section 26 (1) (a) of the above-mentioned Act (as substituted by section 7 of the Extradition (Amendment) Act, 1994 ) slating that a request has been made in accordance with Part II of the said Act of 1965 for the extradition of ............................................................ .....*(alias)

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

............................................................ ....................

*(who has been convicted)

*(for whom a warrant of arrest or other order having the same effect has been issued)

† State conviction or offence.

for that he/she did †

THIS IS TO COMMAND any member of the Garda Síochána to arrest the said............................................................ ........................................... and, in accordance with the provisions of section 26 (5) of the said Act of 1965 (as substituted by section 7 of the said Act of 1994), to bring him/her as soon as may be before a judge of the District Court assigned to the Dublin Metropolitan District.

Dated this   day of   19

To the Superintendent of the

Garda Síochána,

at............................................................ ...............

EXTRADITION ACT, 1965

section 27 (1)

INFORMATION (provisional arrest)

THE INFORMATION OF ............................................................ ..................................,

OF............................................................ ............................................................ ..................................................,

who says on oath:—

*Delete if not applicable.

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

A request, which I now produce, for the provisional arrest of............................................................ ..................

............................................................ ......................................*(alias)............................................................ ........

of............................................................ ............................................................ ....................................................,

has been made on the ground of urgency on behalf of............................................................ ............, a country in relation to which Part II of the above-mentioned Act applies.

I therefore apply under section 27 (1) of the said Act (as substituted by section 8 of the Extradition (Amendment) Act, 1994 ) for the issue of a warrant for the arrest of the said

............................................................ ......................................

SWORN before me at ............................................................ .....

this        day of      19  .

EXTRADITION ACT, 1965

Section 27 (1)

WARRANT OF ARREST

(provisional arrest)

*Delete if not applicable.

WHEREAS an information on oath and in writing has on this day been sworn before me, a judge of the District Court, under section 27 (1) of the above-mentioned Act (as substituted by section 8 of the Extradition (Amendment) Act, 1994 )

by............................................................ ................................of............................................................ ...............,

a member of the Garda Síochána not below the rank of inspector, stating that a request for the provisional arrest of............................................................ ............................................................ ..........................................

*(alias)............................................................ ................................................, of..................................................

has been made on the ground of urgency on behalf of............................................................ ..............................,

a country in relation to which Part II of the said Act of 1965 applies,

AND WHEREAS no certificate of the Minister for Justice under section 26 (1) (a) of the said Act of 1965 (as substituted by section 7 of the said Act of 1994) has been produced to me,

AND WHEREAS the said request for provisional arrest, which has been produced to me by the said member, states that the original or an authenticated copy of

*(a conviction and sentence or detention order immediately enforceable)

*(a warrant of arrest or other order having the same effect and issued in accordance with the procedure laid down in the law of the requesting country)

exists in respect of the said ............................................................ ......................................and that it is intended to send a request for his/her extradition for that he/she did†

†State nature, time and place of alleged offence.

AND WHEREAS I am satisfied that the said request for provisional arrest complies with the requirements of section 27 of the said Act of 1965,

THIS IS TO COMMAND any member of the Garda Síochána to arrest the said ................................................... .................................................... of......................... and, in accordance with the provisions of section 27 (6) of the said Act of 1965 (as substituted by section 8 of the Act of 1994), to bring him/her as soon as may be before a judge of the District Court assigned to the Dublin Metropolitan District.

Dated this     day of    19    .

To the Superintendent of the Garda Síochána,

at............................................................ ............................

EXTRADITION ACT, 1965

Section 27 (5)

TO THE MINISTER FOR JUSTICE

I wish to inform you that a warrant of arrest (provisional arrest) under section 27 (1) of the above-mentioned Act (as substituted by section 8 of the Extradition (Amendment) Act, 1994 ) has on this day been issued by me for............................................................ ............................................................ .........................................

(alias) ............................................................ .................................................... of............................................

A copy of the warrant is attached hereto.

Dated this    day of       19 .

To The Minister for Justice,

Department of Justice,

72/76 St. Stephen's Green,

Dublin 2.

Dublin Metropolitan District

EXTRADITION ACT, 1965

Section 27 (6)

COMMITTAL WARRANT

(remand to District Court pending production of certificate of the Minister)

*Delete if not applicable.

WHEREAS a person named ............................................................  *(alias).........................................................,

of............................................................ .......................... was this day before me, a judge of the District Court assigned to the Dublin Metropolitan District, at a sitting of the Court for that district, he/she having been arrested on a warrant dated the    day of     19  and issued under section 27 (1) of the above-mentioned Act (as substituted by section 8 of the Extradition (Amendment) Act, 1994 ) in consequence of a request made on the ground of urgency on behalf of............................................................ ....., a country in relation to which Part II of the said Act of 1965 applies, stating that

*(a conviction and sentence or detention order)

*(a warrant of arrest or other order having the same effect)

exists in respect of the said ............................................................ ............................................................ .........

for that he/she did†

†State nature, time and place of alleged offence.

AND WHEREAS I did remand the said......................................................... in custody under section 27 (6) of the said Act of 1965 (as substituted by section 8 of the Act of 1994)—

to the sitting of the District Court to be held at..................................................... in the said district on the    day of     19    at a.m./p.m. (being a time within the period of eighteen days after his/her arrest and not exceeding eight days from the date hereof)

pending the production of a certificate of the Minister for Justice under section 26 (1) (a) of the said Act of 1965 (as substituted by section 7 of the Act of 1994) stating that the request for extradition has been duly made or the release of that person under section 35 of the said Act of 1965,

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

............................................................ ............................................ in the *(prison) *(remand institution he/she being not more than twenty-one years of age) at............................................................ ............. there to be detained by the *(governor) *(person in charge) thereof until the date of the said sitting when you shall have him/her at such sitting to be further dealt with according to law.

Dated this    day of     19  .

To the Superintendent of the

Garda Síochána,

at............................................................ ...............

Dublin Metropolitan District

EXTRADITION ACT, 1965

Section 29 (1)

COMMITTAL WARRANT

(to await order of the Minister)

*Delete if not applicable.

WHEREAS a person named ...........................................................*(alias)...................................

of............................................................ ............................ was this day before me, a judge of the District Court assigned to the Dublin Metropolitan District, at a sitting of the Court for that district, he/she having been arrested on a warrant dated the     day of     19   issued under *(section 26) *(section 27) of the above-mentioned Act,

AND THE COURT BEING SATISFIED that—

( a ) the extradition of that person has been duly requested by.............................. a country in relation to which Part II of the said Act applies,

( b ) *(a conviction and sentence or detention order)

*(a warrant of arrest or other order having the same effect) exists in respect of the said............................................................ ............................................................ ..............................

........................................ for that he/she did †

†State nature, time and place of alleged offence.

( c ) the extradition of that person is not prohibited by Part II of the said Act or by the relevant extradition provisions, and

( d ) the documents required to support a request for extradition under section 25 of that Act have been produced to the Court,

AND the said ............................................................ ...... having been informed by the Court on the making of this order that he/she would not be surrendered, except with his/her consent, until after the expiration of fifteen days from the date of his/her committal, and also of the provisions of section 4.2° of Article 40 of the Constitution (which relates to the making of a complaint to the High Court by or on behalf of any person alleging that that person is unlawfully detained),

IT IS HEREBY ORDERED that you lodge the said............................................................ ....................... in the *(prison) *(remand institution, he/she being not more than twenty-one years of age,)

at............................................................ ...................................................... , there to be detained by the *(governor) *(person in charge) thereof until the Minister for Justice shall otherwise order in accordance with Part II of the said Act or until the High Court or the Supreme Court shall order his/her release.

Dated this  day of   19.

To the Superintendent of the

Garda Síochána,

at............................................................ ................

Dublin Metropolitan District

EXTRADITION ACT, 1965

Section 29 (3) (b)

CERTIFICATE OF COMMITTAL

(to the Minister for Justice)

*Delete if not applicable.

I hereby certify that at a sitting of the Court for the above-mentioned district held to-day a committal warrant (to await the order of the Minister) was made by me under section 29 (1) of the above-mentioned Act in respect of. ............................................................ ......*(alias)............................................................ .............. of ............................................................ ............................................................ ...................... who was before the Court on a warrant issued under *(section 26) *(section 27) of that Act.

A copy of the said committal warrant is attached.

Dated this  day of   19.

To the Minister for Justice,

Department of Justice,

72/76 St. Stephen's Green,

Dublin 2.

Dublin Metropolitan District

EXTRADITION ACT, 1965

Section 31

CONSENT TO BE SURRENDERED

*Delete if not applicable.

I,............................................................ ..............................*(alias)............................................................ ............

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

HAVING BEEN COMMITTED to *(prison)*(a remand institution) by order of the District Court under section 29 (1) of the above-mentioned Act made at a sitting of the Court for the said District on the  day of     19    , and

HAVING BEEN INFORMED by the Court on the making of the said order that I would not be surrendered, except with my consent, until the expiration of fifteen days from the date of my committal,

AND HAVING ALSO BEEN INFORMED of the provisions of section 4.2° of Article 40 of the Constitution,

DO NOW HEREBY CONSENT TO BE SURRENDERED.

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

The above consent was given before me

at............................................................ ................................

this    day of    19 

Dublin Metropolitan District

EXTRADITION ACT, 1965

Section 47 (1)

ORDER FOR DELIVERY INTO THE CUSTODY OF A MEMBER OF A POLICE FORCE

(committal warrant)

*Delete if not applicable.

WHEREAS a person named ............................................................ ........ *(alias).................................................

of............................................................ ............. was this day before me, a judge of the District Court assigned to the Dublin Metropolitan District, at a sitting of the Court for that district, in pursuance of Part III of the above-mentioned Act, he/she being the person named or described in a warrant dated the day of

19 reciting that he/she did†

†Give particulars of conviction or state offence.

which said warrant was issued by a judicial authority, namely,

 ^(a)............................................................ ............................................................ .................................................

at^(b)............................................................ ............................................................ ................................................

in ^(c)............................................................ ............................................................ ...............................................

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

AND WHEREAS it appears to the Court that the offence specified in the warrant corresponds with an office 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), namely,^(d)

IT IS HEREBY ORDERED pursuant to section 47 (1) of the said Act (as substituted by section 12 of the Extradition (Amendment) Act, 1994 that you deliver the said ...................................... into custody of a member of ^(e)............................................................ ........................, being the police force of the place in which the warrant was issued and which is situated in ^(c)......................................... for conveyance to ^(b)..............................., being the place in which the said warrant was issued,

AND the said ............................................................ .................. having been informed by the Court on the making of this order that he/she would not be delivered up until the expiration of fifteen days from the date hereof, except with his/her consent given before a judge of the District Court assigned to the Dublin Metropolitan District, AND also of the right within the said period to have an application made by him/her or on his/her behalf for an order of habeas corpus or for his/her release under section 50 of the said Act of 1965, and that in the event of such application being made, that he/she would not be delivered up while the application was pending,

^(a) Name the judicial authority.

^(b) State place in which the warrant was issued.

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

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

^(e) State the official title of the Police Force as set out in the original warrant.

IT IS HEREBY FURTHER ORDERED that you lodge the said

............................................................ ............................................................ ..........................

in the * (prison) * (remand institution, he/she being not more than twenty-one years of age) at............................................................ ................................., there to be detained by the *(governor)*(person in charge) thereof for a period of not less than fifteen days from the date hereof (except in the meantime the said............................................................ .................................. has consented to his/her being delivered up within that period) until the date of his/her delivery as aforesaid and for any further period as may be necessary according to law,

AND is shall be lawful for you to lodge the said ............................................................ ......................................

fortwith in the Garda Síochána station at

............................................................ ..................................in 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.

Dated this day of 19 .

To the Superintendent of the

Garda Síochána,

at............................................................ .........

Dublin Metropolitan District

EXTRADITION ACT, 1965

Section 47 (4)

COMMITTAL WARRANT

(remand)

*Delete if not applicable.

WHEREAS a person named ............................................................ . *(alias) .............................

of............................................................ ..............................was before me, a judge of the District Court assigned to the Dublin Metropolitan District, at a sitting of the Court for that district, in pursuance of Part III of the above-mentioned Act, he/she being the person named or described in a warrant dated the day of 19 reciting that he/she did† which said warrant was issued by a judicial authority, namely,^(a)............................................................ ...... at ^(b)....................................................

in ^(c)............................................................ .....................a place in relation to which Part III of the said Act applies, and which said warrant was duly endorsed pursuant to section 43 of the said Act,

†Give particulars of conviction or state offence.

AND WHEREAS the hearing of proceedings under section 47 of the said Act has been adjourned to the sitting of the District Court for the said district to be held at............................................................ .........

on the     day of    19    at    a.m./p.m.

THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the said........................... in the *(prison) *(remand institution, he/she being not more than twenty-one years of age,) at.................................. there to be detained by the *(governor) *(person in charge) thereof until the above time of adjournment when you shall have him/her at the said sitting to be further dealt with according to law,

AND is 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.

Dated this    day of   19    .

To the Superintendent of the

Garda Síochána,

at............................................................ .............................

^(a) Name the judicial authority.

^(b) State place in which the warrant was issued.

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

Dublin Metropolitan District

EXTRADITION ACT, 1965

Section 48 (1)

CONSENT TO BEING DELIVERED UP

*Delete if not applicable.

I,............................................................ ......................*(alias)............................................................ ....................

of ........................................................, being the subject of an order of this Court under section 47 (1) of the above-mentioned Act for my delivery into the custody of a member of ^(a).........................................................,

the police force of the place in which the warrant was issued which is situated in ^(c).................................... for conveyance to ^(b)..............................................,being the place where the warrant was issued,

HAVING BEEN INFORMED by the court on the making of that order of any right to make an application for an order of habeas corpus or an application under section 50 of that 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 given before a judge of the District Court assigned to the Dublin Metropolitan District, or while any such application is pending,

DO NOW HEREBY CONSENT TO MY BEING DELIVERED UP.

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

The above consent was given before me at

^(a) State official title of police force as in original warrant.

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

^(c) State place in which the warrant was issued.

EXTRADITION ACT, 1965

Section 49 (1)

INFORMATION FOR PROVISIONAL WARRANT

THE INFORMATION OF ............................................................ ............................................................ ..........

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, namely,^(a)......................

at ^(b)........................................................... in^(c)...................................... , a place in relation to which Part III of the above-mentioned Act applies, for the arrest of............................................................ ...............

*(alias)............................................................ ................ of............................................................ .........

*(accused) *(convicted) of an indictable offence under the law of the said place, that is to say, †

† Give particulars of conviction or state offence.

3. The said warrant is not yet in my possession.

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

at ^(b)........................................................... in^(c)................................................, being the police force of that place, 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) *(may intend to enter the State).

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

†† Delete unless warrant is for a convicted person.

I therefore apply for the issue of a warrant pursuant to section 49 (1) of the said Act for the arrest of the said ............................................................ ..................................

this   day of    19    .

^(a) Name the judicial authority.

^(b) State place in which the warrant was 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.

EXTRADITION ACT, 1965

Section 49 (1)

PROVISIONAL WARRANT OF ARREST

WHEREAS an information on oath and in writing has this day been sworn before me, a judge of the District Court, pursuant to section 49 (1) of the above-mentioned Act, by ............................................................ .......... of ........................................................., a member of the Garda Síochána not below the rank of inspector, stating that the member—

1. has reason to believe that a warrant has been issued by a judicial authority, namely,^(a)......................................................... at ^(b)............................................ in^(c)..............................., a place in relation to which Part III of the said Act applies, for the arrest of ............................................................ ............................ *(alias) ............................................................ ............... of ............................................................ ............. *(accused) *(convicted) of an indictable offence under the law of that place, that is to say, † but that the warrant is not yet in his/her possession.

*Delete if not applicable.

† Give particulars of conviction or state offence.

2. has received a request made on the ground of urgency by or on behalf of ^(d).............................................. at^(b)................................................. in^(c).............................................., being the police force of that place, for the issue in the State of a warrant for the arrest of the said..................

3. has reason to believe that the said ............................................................ ............... *(may be found in the State) *(may intend to enter the State).

††4. has reason to believe that the requirements of subsection (3) of section 43 of the said Act have been satisfied.

†† Delete unless warrant is for a convicted person.

THIS IS TO COMMAND any member of the Garda Síochána to arrest the said................................................

within seven days of the date of the issue of this warrant and to bring him/her before a judge of the District Court assigned to the Dublin Metropolitan District to be dealt with according to law.

Dated this    day of    19   .

To the Superintendent of the

Garda Síochána,

at............................................................ .........

^(a) Name the judicial authority.

(b) State place where the warrant was 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.

Dublin Metropolitan District

EXTRADITION ACT, 1965

Section 49 (6)

COMMITTAL WARRANT

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

*Delete if not applicable.

WHEREAS ............................................................ ...............*(alias)............................................................ ........

of ............................................................ ............, was this day before me, a judge of the District Court assigned to the Dublin Metropolitan District, at a sitting of the Court for that district, on foot of a provisional warrant of arrest dated the day of 19 issued pursuant to section 49 (1) of the above-mentioned Act on the ground that there was reason to believe that a warrant has been issued by a judicial authority, namely, ^(a)............................................................ ................... at ^(b)............................................................ .....................

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

†Give particulars of conviction or state offence.

AND WHEREAS the last-mentioned warrant, endorsed in accordance with section 43 of the said Act, was not produced to me,

AND WHEREAS I did remand the said ............................................................ ................... in custody until the last-mentioned warrant, so endorsed, is produced to the person having the custody of the said, or until the    day of     19    (being a day not more than seven 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/she being not more than twenty-one years of age) at ............................................................ ......, there to be detained by the *(governor) *(person in charge) thereof until the said warrant, endorsed in accordance with the said section 43, is produced to the said *(governor) *(person in charge) 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, so endorsed, shall be sooner produced to the said last-mentioned member.

Dated this     day of    19   .

To the Superintendent of the

Garda Síochána,

at............................................................ .........

^(a) Name the judicial authority.

^(b) State place in which the warrant was issued.

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

EXTRADITION ACT, 1965

Section 7A

RECOGNISANCE

*Delete if not applicable.

severally acknowledge ourselves to owe to the State the several sums following, that is to say, the said Principal Party the sum of ..... pounds and the said Sureties the sum of ..... pounds each, to the use of the Minister for Finance if the Principal Party fails in the condition or any of the conditions of this recognisance as set out hereunder.

............................................................ ......................................................Principal Party

............................................................ ............................................................ ......Surety

............................................................ ............................................................ ......Surety

Acknowledged before me

at............................................................ ...............................

this    day of     19  .

(or)

THE CONDITION(S) OF THIS RECOGNISANCE IS/ARE such that—

whereas the above-named Principal Party was before the District Court at a sitting of the Court for the Dublin Metropolitan District on the day   of 19 , he/she having been arrested under *(PART II) *(Part III) of the above-mentioned Act, and the Court committed/remanded him/her in custody under section ............................................................ .................................... of that Act,

and whereas by order of the High Court dated the day of  19 it was ordered that the said Principal Party be admitted to bail on his/her entering into a recognisance (as above) before a judge of the District Court *(assigned to the Dublin Metropolitan District) or the Governor or Deputy Governor of............................................................ ........... Prison/Remand Institution, and the said order required that the recognisance(s) be conditioned that the Principal Party shall†

† State conditions as set out in the High Court order.

IF THEREFORE the Principal Party shall comply with all the requirements and conditions of the said order of the High Court, then, this recognisance shall be void, or otherwise it shall stand in full force and effect.

GIVEN this 25th day of July, 1994.

PETER SMITHWICK Chairman

JOHN P. CLIFFORD

P.J. BRENNAN

JOHN GARAVAN

JOHN P. BROPHY

EAMON MARRAY

SEÁN McMULLIN

GERARD F. GRIFFIN

SÉAN S. Ó CATHASAIGH.

I concur in the making of the foregoing Rules

Dated this 23rd day of August, 1994.

MÁIRE GEOGHEGAN-QUINN,

Minister for Justice.

EXPLANATORY NOTE.

These rules, which come into operation on 24 August, 1994, regulate certain aspects of the practice and procedure of the District Court with regard to extradition proceedings and in particular take account of changes arising from the entry into force of the Extradition (Amendment) Act, 1994 .