Criminal Justice (Illicit Traffic by Sea) Act 2003

Evidence and presumptions.

25.—(1) In any proceedings under this Act it shall be presumed unless the contrary is proved that a request for the surrender of a person has been duly made and received where a document purporting to be a certificate under section 8 to that effect has been produced to the High Court.

(2) In any proceedings under this Act a document purporting to be a request by a Convention state which is a party to the Agreement for the surrender of a person or to have been furnished in support of such a request shall, without further proof, be admissible in evidence if it purports to be signed by a person authorised by the law of the requesting Convention state to sign the document.

(3) In any proceedings under this Act, a document purporting—

(a) to be a copy of a warrant of arrest, or other order having the same effect, issued by a judicial authority of a Convention state which is a party to the Agreement, and

(b) to have been certified to be a true copy by an officer of that authority authorised by it to so certify on its behalf,

shall, without further proof, be admissible in evidence and be presumed, until the contrary is proved, to be a true copy of the warrant or order.

(4) A document purporting to be a certificate by the Minister for Foreign Affairs and stating that he or she has received a request or authorisation from a Convention state for the exercise of powers by an enforcement officer in relation to a vessel registered in that state, or that he or she has given his or her authority for any purpose provided for in section 35 of the Act of 1994, shall be admissible in evidence in any proceedings.

(5) Where a document is admissible in evidence under this section, any document which purports to be a translation of that document shall be admissible as evidence of the translation if it is certified as correct by a person competent to do so; and a document purporting to be a certificate under this subsection shall be presumed to be such a certificate, and to be signed by a person who is competent to certify the document as correct, unless the contrary is shown.

(6) Requests, other communications and supporting documents shall be made in, or accompanied by a translation into, the Irish language or English language.