Extradition (Amendment) Act, 1994

Proceedings before judge of District Court assigned to Dublin Metropolitan District.

4.—(1) For the purpose of requiring certain proceedings under the Principal Act to be heard before a judge of the District Court assigned to the Dublin Metropolitan District, the Principal Act shall be amended as follows:

(a) the following section shall be substituted for section 31:

“Lapse of time before surrender.

31. A person committed under section 29 shall not be surrendered, except with his consent, given before a judge of the District Court assigned to the Dublin Metropolitan District, to the requesting country until the expiration of 15 days from the date of his committal or until the conclusion of any habeas corpus proceedings brought by him or on his behalf, whichever is the later.”,

(b) in section 45 (execution of warrants), the following subsection shall be substituted for subsection (2).

“(2) The person named or described in the warrant shall on arrest be brought as soon as may be before a judge of the District Court assigned to the Dublin Metropolitan District.”,

(c) in section 48 (lapse of time before delivery of arrested person), the following subsection shall be substituted for subsection (1):

“(1) A person to whom an order under section 47 relates shall not, except with his consent given before a judge of the District Court assigned to the Dublin Metropolitan District, be delivered up under the order until the expiration of 15 days from the date of the order.”,

(d) in section 49 (provisional warrants), the following subsection shall be substituted for subsection (3):

“(3) The person named or described in the provisional warrant shall on arrest be brought as soon as may be before a judge of the District Court assigned to the Dublin Metropolitan District.”,

and

(e) in section 53 (discharge of persons not taken outside State), the following subsection shall be substituted for subsection (2):

“(2) If, in the case of a person in respect of whom an order has been made under section 47, it appears to a judge of the District Court assigned to the Dublin Metropolitan District that for any reason the police force of the place in which the warrant for arrest was issued no longer require the delivery of that person into their custody, he shall order him to be discharged.”.

(2) In any proceedings under the Principal Act that are required to be heard by a judge of the District Court assigned to the Dublin Metropolitan District, and in any proceedings in relation to any such proceedings as aforesaid, it shall be presumed, unless the contrary is proved, that the judge of the District Court who is hearing or, as the case may be, who heard the proceedings concerned was nominated for the purpose of that Act by the President of the District Court.