S.I. No. 23/2005 - Rules of the Superior Courts (European Arrest Warrant Act 2003 and Extradition Acts 1965 To 2001), 2005


STATUTORY INSTRUMENTS

S.I. No. 23 of 2005

Rules of the Superior Courts (European Arrest Warrant Act 2003 and Extradition Acts 1965 to 2001), 2005


S.I. No. 23 of 2005

Rules of the Superior Courts (European Arrest Warrant Act 2003 and Extradition Acts 1965 to 2001), 2005

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act, 1936 , section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act, 1953 , section 15, by virtue of the powers conferred upon us by the Courts of Justice Act, 1924 , section 36, and the Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act 1961 , section 48), and the Courts (Supplemental Provisions) Act, 1961 , section 14 and of all other powers enabling us in this behalf, do hereby make the following Rules of Court.

Dated this 17th day of November, 2004.

John L. Murray

Patrick O’Connor

Joseph Finnegan

Michael Cush

Brian McCracken

Anthony Hunt

Richard Johnson

Noel Rubotham

William McKechnie

Matthew Feely

Patrick Groarke

I concur in the making of the following Rules of Court.

Dated this 20th day of January, 2005.

MICHAEL MCDOWELL

Minister for Justice, Equality and Law Reform

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S.I. No. 23 of 2005

1.          The Rules of the Superior Courts are hereby amended by the substitution of the following for Order 98:

“Order 98

European Arrest Warrant Act 2003

Extradition Acts 1965 to 2001

I. Preliminary

1.(1)                In this Order -

the “1965 Act” means the Extradition Act 1965, as amended;

the “2003 Act” means the European Arrest Warrant Act 2003 ;

“Convention country” shall have the same meaning as in the 1965 Act;

“Minister” means the Minister for Justice, Equality and Law Reform.

(2)                   Words and expressions contained in rules 2 to 9 inclusive of this Order shall, where the context so admits, have the same meaning as in the 2003 Act.

II. Endorsement of European arrest warrant and procedure following arrest on foot of European Arrest Warrant

2.(1)    An application by the Central Authority in the State pursuant to section 13 of the 2003 Act for the endorsement of a European arrest warrant shall be made to the Court by motion ex-parte.

(2)                 On making such application, the Central Authority in the State shall produce for the Court the European arrest warrant concerned, or a facsimile copy or a true copy thereof.

(3)                 Where a European arrest warrant (or, where section 13(2)(b) of the 2003 Act applies, a facsimile copy or a true copy of a European arrest warrant, as the case may be) is endorsed for execution pursuant to section 13 of the 2003 Act the endorsement shall be in the following form:-

“This warrant is endorsed for execution pursuant to Order of the High Court.

Dated the    day of 2

Signed:

________________

Registrar”

3.(1)    Where a person arrested under a European arrest warrant is brought before the Court in accordance with section 13(5) of the 2003 Act, the Court shall fix a date for the purposes of section 16 of the 2003 Act not later than 21 days from the date of the person's arrest, and shall remand the person in custody or on bail to that date or to such earlier date as the Court shall direct.

(2)           The provisions of rule 15 of Order 84 shall apply to an application for bail made by a person arrested under a European arrest warrant.

(3)                    Where in any case the Court remands the person in custody in accordance with the provisions of the 2003 Act the committal warrant shall be in writing in the Form No. 1, Appendix AA.

III. Consent to surrender under the 2003 Act

4.                     Where a person arrested under a European arrest warrant endorsed by the Court consents to being surrendered to the issuing State pursuant to section 15 of the 2003 Act, the consent to surrender given by the person shall be in writing in the Form No. 2, Appendix AA. Where the Court considers it appropriate, it may direct that a translation of that form in a language specified by the Court be provided to the person for signature.

IV. Procedure on refusal or withdrawal of consent to surrender under the 2003 Act

5.(1)    Where a person does not consent to his or her surrender to the issuing State or withdraws his or her consent under section 15(9) of the 2003 Act, he shall be at liberty, not later than 4 days before the date fixed for the purposes of section 16 of the 2003 Act, to deliver to the solicitor for the Central Authority in the State and file in the Central Office, Points of Objection to his or her surrender.

(2)                    Points of Objection shall contain a statement in summary form of the grounds and of the material facts on which the person relies to resist the execution of the European arrest warrant but not the evidence by which such material facts are to be proved.

(3)                    Where a person withdraws his or her consent to surrender, such withdrawal shall be notified in writing by on behalf of the person as soon as may be to the governor or person in charge of the prison or other place where the person is detained or to the solicitor for the Central Authority in the State and thereafter the person shall be brought before the Court on the date fixed for the purposes of section 16 of the 2003 Act.

6.                     On the date fixed pursuant to rule 3(1) of this Order the Court shall make an order directing that the person be surrendered to such other person as is duly authorised by the issuing State to receive him or her or, where Points of Objection have been delivered, shall fix a date for the purpose of a hearing of the Points of Objection and shall remand the person for that purpose and shall make such directions as to the delivery of affidavits and otherwise as seem appropriate.

V. Evidence and discovery of documents under the 2003 Act

7.                     Evidence at the hearing fixed for the purposes of section 16 of the 2003 Act shall be adduced on affidavit save where the Court, in urgent cases or if the interests of justice so require, otherwise directs.

8.(1)    A party to proceedings under the 2003 Act may apply to the Court on notice for an order directing any other party or other person to make discovery of the documents which are or have been in his possession or power, relating to any matter in question therein.

(2)                    On an application made under sub rule 1, the Court may, on such terms as it thinks fit, order that the party or other person from whom discovery is sought shall deliver to the opposite party a list of the documents which are or have been, in his possession, custody or power, relating to the matters in question in such proceedings, or to such matters in question as are specified in the Court's order.

(3)                    An order shall not be made under this rule if and so far as the Court shall be of the opinion that it is not necessary either for disposing fairly of the cause or matter or for saving costs.

(4)                    An application for an order under sub-rule 1 directing any party or other person to make discovery shall not be made unless (a) the applicant for same shall, not later than 7 days before making the application, have previously applied by letter in writing requesting that discovery be made voluntarily, specifying the precise categories of documents in respect of which discovery is sought and furnishing the reasons why each category of documents is required to be discovered and (b) the party or person requested has, as of the time the application is made, failed, refused or neglected to make such discovery or has ignored such request.

Provided that in any case where by reason of the urgency of the matter or the consent of the parties, the nature of the case or any other circumstances which to the Court seem appropriate, the Court may make such order as appears proper, without the necessity for such prior application in writing.

VI. Application for issue of European arrest warrant

9.(1)    Subject to sub-rule 2, an application under section 33(1) of the 2003 Act by or on behalf of the Director of Public Prosecutions to the Court to issue a European arrest warrant in respect of a person shall be made ex parte grounded on an affidavit of a person duly authorised on behalf of the applicant. A European arrest warrant issued pursuant to such application shall, in so far as is practicable, be in the form set out in the Annex to the Framework Decision and shall contain the information therein set out and such information as is required by section 33(2) of the 2003 Act or, where it is not practicable for the European arrest warrant to be in such form, shall contain the information set out in section 33(3) of the 2003 Act.

(2)           The Court may, in cases of urgency, hear an application under section 33(1 of the 2003 Act on oral evidence.

VII. Proceedings under the 1965 Act

10.       A warrant issued by the Court under section 26(1)(b) of the 1965 Act for the arrest of the person therein named shall be in writing in the Form No. 3, Appendix AA.

11.             An information sworn before the Court under section 27(1) of the 1965 Act shall be in the Form No. 4, Appendix AA.

12.       A warrant issued by the Court under section 27(1) of the 1965 Act for the arrest of the person therein named shall be in writing in the Form No. 5, Appendix AA. Where a Judge issues a warrant under section 27(1) of the 1965 Act, the Registrar shall forthwith notify the Minister of the issue of the warrant.

13.           A notice under section 27(5) of the 1965 Act informing the Minister of the issue of a warrant under section 27 of the 1965 Act shall be in the Form No. 6 Appendix AA.

14.          A warrant issued by the Court under section 27(6) of the 1965 Act remanding a person in custody pending the production of a certificate of the Minister under section 26(1)(a) of the 1965 Act shall be in writing in the Form No. 7 Appendix AA.

15.       Where a person arrested under a warrant issued under section 26 or section 27 of the 1965 Act is before the Court in accordance with that Act, and the Court makes an order pursuant to section 29(1) of the 1965 Act, the committal warrant shall be in writing in the Form No. 8, Appendix AA. Where the Court makes such order, or makes an order pursuant to section 27(6) of the 1965 Act, the Registrar shall forthwith notify the Minister of the making of same.

16.          The certificate of committal required under section 29(3)(b) of the 1965 Act to to be sent to the Minister shall be in the Form No. 9, Appendix AA.

17.(1)  Where a person brought before the Court pursuant to a warrant issued under section 26 or section 27 of the 1965 Act consents to being surrendered pursuant to section 31 of the 1965 Act, the consent to surrender given by a person shall be in writing in the Form No. 10, Appendix AA. Where the Court considers it appropriate it may direct that a translation of that form in a language specified by the Court be provided to the person for signature.

(2)       Where a person brought before the Court pursuant to a warrant issued under section 26 or section 27 of the 1965 Act, on foot of a request from a Convention country, consents to being surrendered pursuant to section 29A(3) of the 1965 Act the consent to surrender given by a person shall be in writing in the Form No. 11 Appendix AA. Where such a person consents to the Minister giving his consent under section 20(1)(a)(i) of the 1965 Act, such consent may be endorsed on the form of consent as given pursuant to section 29A(3) of the 1965 Act in the Form No. 12 Appendix AA. Where the Court considers it appropriate, it may direct that a translation of Form No. 11 or Form No. 12 in a language specified by the Court be provided to the person for signature.

(3)       The record in writing of a consent to surrender made by the Court in accordance with section 29A(4) of the 1965 Act shall be in the Form No. 13 Appendix AA.”

2.         These Rules shall come into operation on the 20th day of February 2005.

3.         These Rules shall be construed together with the Rules of the Superior Courts 1986 to 2004 and may be cited as the Rules of the Superior Courts (European Arrest Warrant Act 2003 and Extradition Acts 1965 to 2001) 2005.

4.         The forms following shall be inserted as Appendix AA to the Rules of the Superior Courts.

Appendix AA

No. 1

O. 98, r. 3(3)

COMMITAL WARRANT

THE HIGH COURT

European Arrest Warrant Act 2003

Pursuant to an order of the High Court dated the        day of                 2

WHEREAS a person named.........................[also known as]*.......................................................

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

was before me, a Judge of the High Court, in pursuance of the above mentioned Act he/she being the person named or described in a European arrest warrant dated the day of      2

AND WHEREAS the hearing of the proceedings under the said Act has been adjourned to the sitting of the High Court to be held at on the      day of        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 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 to be

there detained for a period not exceeding forty-eight hours.

Dated this     day of    2

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

Judge of the High

Court

To the Superintendent of the Garda Síochána,

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

and the Governor of

* Delete if not applicable

No. 2

O. 98, r. 4

CONSENT TO BE SURRENDERED

THE HIGH COURT

Section 15 of the European Arrest Warrant Act 2003

I,............................................. [also known as*............................................................ ................

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

HAVING BEEN BROUGHT BEFORE THE HIGH COURT in pursuance of the above mentioned Act on the     day of         2    and

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

HAVING obtained, or been given the opportunity of obtaining or being provided with professional legal advice and representation

AND HAVING ALSO BEEN INFORMED of my right to make a complaint under the provisions of Article 40.4.2 of the Constitution at any time before my surrender to the issuing State

and being aware of the consequences of my consenting to surrender

DO NOW HEREBY CONSENT TO BE SURRENDERED to the State of

(the issuing State).

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

The above was given before

M  Justice

at

This   day of      2        .

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

Registrar

* Delete if not applicable

No. 3

O. 98, r. 10

WARRANT OF ARREST

THE HIGH COURT

Section 26(1)(b) of the Extradition Act 1965*

day the          day of              2

BEFORE MR/MS JUSTICE

WHEREAS there has been produced to a Judge of the High Court, a certificate of the Minister for Justice, Equality and Law Reform under section 26(1)(a) of Extradition Act 1965 (as substituted by section 7 of the Extradition (Amendment) Act 1994 stating that a request has been made in accordance with Part II of the Extradition Act 1965 for the extradition of ............................................................ ................[also known

as]*......................................of............................................................ .........................................

[who has been convicted]**

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

for that (s)he did [insert particulars of conviction or offence]

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 Extradition Act 1965 (as substituted by section 7 of the Extradition (Amendment) Act 1994 ) to bring him/her as soon as may be before a Judge of the High Court.

Dated this     day of    2      .

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

Judge of the High Court

To the Superintendent of the Garda Síochána

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

and the Governor of

* References in this form to the Extradition Act 1965 are to that Act as amended.

** Delete if not applicable

No. 4

O.98, r.11

INFORMATION

(provisional arrest)

THE HIGH COURT

Section 27 (1) of the Extradition Act, 1965*

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

OF ............................................................ .........................................................

who says on oath:-

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

....................................................... [also known as]** .........................................

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

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

Informant

SWORN before me this      day of          2    .

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

Judge of the High Court

* References in this form to the Extradition Act 1965 are to that Act as amended.

** Delete if not applicable

No. 5

O. 98, r. 12

THE HIGH COURT

WARRANT OF ARREST

(provisional arrest)

Section 27(1) of the Extradition Act 1965*

day the     day of          2

BEFORE MR/MS JUSTICE

WHEREAS an information on oath and in writing has on this day been sworn before a Judge of the High Court under section 27(1) of the Extradition Act 1965 (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..........................................[also known

as]**............................of...............................................

has been made on the ground of urgency by.......................................................a country in relation to which Part II of the Extradition Act 1965 applies.

WHEREAS no certificate of the Minister for Justice, Equality and Law Reform under section 26(1)(a) of Extradition Act 1965 (as substituted by section 7 of the Extradition (Amendment) Act 1994 ) has been produced to such Judge of the High Court.

WHEREAS the said request for provisional arrest, which has been produced to such Judge of the High Court 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 [insert particulars of conviction or offence]

AND THE COURT BEING SATISFIED that the request for provisional arrest complies with the requirements of section 27 of the Extradition Act 1965.

THIS IS TO COMMAND any member of the Garda Síochána to arrest the said                                              and in accordance with the provisions of section 27(6 of the Extradition Act 1965 to bring him/her as soon as may be before a Judge of the High Court.

Dated this   day of        2          .

By the Court...............................

Judge of the High Court

To: the Superintendent of the Garda Síochána

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

* References in this form to the Extradition Act 1965 are to that Act as amended.

** Delete if not applicable

No. 6

O. 98, r. 13

NOTICE OF ISSUE OF WARRANT (PROVISIONAL ARREST)

Section 27 (5) of the Extradition Act, 1965 *

THE HIGH COURT

TO THE MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM

 I wish to inform you that a warrant of arrest (provisional arrest) under section 27 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

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

[also known as]** .......................................................

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

A copy of the warrant is attached hereto.

Dated this     day of                2         .

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

Judge Of The High Court

To the Minister for Justice, Equality and Law Reform

Department of Justice, Equality and Law Reform

[Address]

* References in this form to the Extradition Act 1965 are to that Act as amended.

** Delete if not applicable

No. 7

O. 98, r. 14

COMMITTAL WARRANT

(Remand pending production of certificate of the Minister)

THE HIGH COURT

Section 27(6) of The Extradition Act, 1965 *

 WHEREAS a person named ............................................................ ...... [also known as]**

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

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

 was this day before me, a Judge of the High Court, at a sitting of the Court, he/she having been arrested on a warrant dated the           day of                       2         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 [insert particulars of conviction or 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 a sitting of the High Court on the        day of                         2        at a.m./p.m. (being a time within the period of eighteen days after his/her arrest 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 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                    2     .

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

 Judge of the High Court

 To the Superintendent of the Garda Síochána,

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

 * References in this form to the Extradition Act 1965 are to that Act as amended.

** Delete if not applicable

No. 8

O. 98, r. 15

COMMITAL WARRANT

(to await the order of the Minister)

THE HIGH COURT

Section 29(1) of the Extradition Act 1965*

Pursuant to an order of the High Court dated the day of 20

WHEREAS a person named..................[also known

as]**.....................................................

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

......

was before me, a Judge of the High Court, in pursuance of the Extradition Act 1965 he/she having been arrested on a warrant dated the        day of                    20     issued under [section 26]** [section 27]** of the Extradition Act 1965.

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 Extradition Act 1965 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 [insert particulars of conviction or offence]

(c) the extradition of the said                                 is not prohibited by Part II of the Extradition Act 1965 or by the relevant extradition provisions, and

(d) the documents required to support a request for extradition under section 25 of the Extradition Act 1965 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 Article 40.4.2 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),

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 Minister for Justice, Equality and Law Reform shall otherwise order in accordance with Part II of the Extradition Act 1965 or the High Court or the Supreme Court shall order his/her release.

Dated this       day of                  20    .

By the Court.............................

Judge of the High

Court

To the Superintendent of the Garda Síochána

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

and the Governor of

* References in this form to the Extradition Act 1965 are to that Act as amended.

** Delete if not applicable

No. 9.

Order 98.r.16

CERTIFICATE OF COMMITTAL

(to the Minister for Justice, Equality and Law Reform)

THE HIGH COURT

Section 29(3)(b) of the Extradition Act, 1965*

I hereby certify that at a sitting of the Court held today 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 ............................................................ ...... [also known as]**

............................................................ .................... 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                 2         .

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

Judge of the High Court

To the Minister for Justice, Equality and Law Reform

Department of Justice, Equality and Law Reform,

[Address]

* Reference in this form to the Extradition Act 1965 are to that Act as amended.

** Delete if not applicable

No. 10

O. 98, r. 17(1)

CONSENT TO BE SURRENDERED

THE HIGH COURT

In the matter of section 31 of the Extradition Act 1965 *

I,............................................................ .. [also known as]**..................................................

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

*HAVING BEEN BROUGHT BEFORE THE HIGH COURT under *section 26

*section 27 of the Extradition Act 1965 on the        day of             20      and

HAVING BEEN INFORMED by the Court 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 my right to make a complaint under the provisions of Article 40.4.2 of the Constitution at any time before my surrender to the requesting State

and being aware of the consequences of my consenting to surrender

DO NOW HEREBY CONSENT TO BE SURRENDERED to the State of

(the requesting State).

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

The above was given before

M Justice

at

This       day of       20

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

Registrar

*References in this form to the Extradition Act 1965 are to that Act as amended.

** Delete if not applicable

No. 11

O. 98, r. 17(2)

CONSENT TO BE SURRENDERED

THE HIGH COURT

Section 29A of the Extradition Act 1965*

I,............................................................ .[also known as]**.....................................................

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

HAVING BEEN BROUGHT BEFORE THE HIGH COURT under [section 26]** [section 27]** of the Extradition Act 1965 pursuant to a request from the State of on the        day of            20

AND HAVING ALSO BEEN INFORMED of my right to make a complaint under the provisions of Article 40.4.2 of the Constitution at any time before my surrender to the requesting State

AND BEING AWARE OF THE CONSEQUENCES OF MY CONSENTING TO SURRENDER

DO NOW HEREBY CONSENT TO BE SURRENDERED to the State of

.

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

The above was given before

M  Justice

at

This     day of         2

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

Registrar

Copy to: The Minister for Justice, Equality & Law Reform

[Address]

*References in this form to the Extradition Act 1965 are to that Act as amended

** Delete if not applicable

No. 12

O. 98, r. 17(2)

CONSENT TO WAIVER OF RULE OF SPECIALTY

THE HIGH COURT

Section 20A(1) of the Extradition Act 1965*

I............................................................ .....[also known as]**..................................................

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

HAVING CONSENTED TO BE SURRENDERED to the State of                             (the requesting State)

DO NOW HEREBY CONSENT to the Minister for Justice, Equality & Law Reform giving his consent under and for the purposes of section 20(1)(a)(i) of the Extradition Act 1965 to my extradition to the State of                                 being aware of the                           consequences of my so consenting.

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

The above was given before

M Justice

at

This        day of         2

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

Registrar

* References in this form to the Extradition Act 1965 are to that Act as amended

** Delete if not applicable

No. 13

O.98, r. 17(3)

THE HIGH COURT

Section 29A(4) of the Extradition Act 1965*

IT IS HEREBY RECORDED that

........................................................[also known as]**.........................................................

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

having been brought before the High Court under [section 26]** [section 27]** of the Extradition Act 1965, on the      day of              20    , pursuant to a request from the State of

did on the       day of                    2     consent to be surrendered to that State.

Dated this     day of        2

Signed:.......................................

Judge of the High Court

To the Minister for Justice, Equality and Law Reform

Department of Justice, Equality and Law Reform

[Address]

*References in this form to the Extradition Act 1965 are to that Act as amended

** Delete if not applicable

EXPLANATORY NOTE

(This note does not form part of the Instrument and does not purport to be a legal interpretation)

These Rules amend Order 98 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ) and prescribe procedures in respect of the European Arrest Warrant Act 2003 and the Extradition Acts 1965 to 2001.