Extradition Act, 1965

Remand.

52.—(1) A person remanded in custody under this Part may be detained in a prison (or, if he is not more than twenty-one years of age, in a remand institution) or, for a period not exceeding forty-eight hours, in a Garda Síochána station.

(2) Where under subsection (1) of section 47 or subsection (6) of section 49 a justice of the District Court or a peace commissioner has power to remand a person on bail he may—

(a) take from him a recognisance, with or without sureties, conditioned as provided in subsection (3), or

(b) fix the amount of the recognisance with a view to its being taken later, and meanwhile commit him to the custody of the member of the Garda Síochána in charge of a Garda Síochána station.

(3) A recognisance taken from a person under this section shall be conditioned for his surrender to the member of the Garda Síochána in charge of a specified Garda Síochána station at the time mentioned in a notice in writing to be served on him by or on behalf of that member, but the time mentioned in a notice so served shall not be more than twenty-four hours before the time at which it appears to that member that the period of remand is likely to end.

(4) During the period between the surrender of a person as aforesaid and the end of the period of remand he shall be treated as if committed to the custody of the member of the Garda Síochána in charge of that station but where it appears to that member that the end of the period of remand will be unexpectedly delayed he shall release him on his entering into a recognisance, with or without sureties, conditioned as provided in subsection (3).

(5) If, in breach of a recognisance taken from a person under this section, a person fails to surrender as aforesaid, then, without prejudice to the enforcement of the recognisance, a justice of the District Court may issue a warrant for his arrest; and on his arrest under the warrant subsection (4) shall apply as if he had surrendered to the member of the Garda Síochána in charge of the Garda Síochána station specified in the recognisance, but that member shall not release him as provided by that subsection unless he is satisfied that it is proper to do so.