S.I. No. 347/1997 - Rules of the Superior Courts (No. 6) of 1997

S.I. No. 347 of 1997.

RULES OF THE SUPERIOR COURTS (NO. 6) of 1997

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 annexed Rules of Court.

Dated this 20th day of February, 1997.

I concur in the making of the annexed Rules of Court

Dated this 13th day of August, 1997

S.I. No. 347 of 1997:

RULES OF THE SUPERIOR COURTS (NO. 6), 1997

1. The following shall be inserted as Order 128 of the Rules of the Superior Courts immediately after Order 127 thereof.

"

ORDER 128

TRANSFER OF SENTENCED PERSONS

1. (1) For the purposes of this Order

"Act" means the Transfer of Sentenced Persons Act, 1995 ,

"a Convention State" means a State to which the Convention applies or a State designated as such by the Minister for Foreign Affairs under section 2 of the Act,

"the Minister" means the Minister for Justice, Equality and Law Reform, "Registrar" means the Chief Registrar,

"sentenced person" means a person on whom a sentence has been imposed in the territory of a Convention State and to whose transfer into the State the Minister has given his or her consent.

(2) Words and expressions contained in this Order shall have the same meaning as in the Act.

2. (1) An application by the Minister for the issue of a warrant under section 7(1) shall be made ex parte.

(2) Such application shall be grounded upon an ex parte docket entitled "In the matter of the Transfer of Sentenced Persons Act, 1995 " and "in the matter of an Application by the Minister for Justice, Equality and Law Reform". The relief claimed shall:

( a ) seek the issue of a warrant pursuant to section 7 of the Act;

( b ) identify the sentenced person concerned;

( c ) specify the sentence imposed on the sentenced person;

( d ) specify the Convention State where the sentenced person is serving the sentence concerned;

( e ) specify when and how the sentenced person concerned has consented to the transfer;

( f ) specify the balance of the sentence to be enforced in the State;

( g ) specify the place or places in the State which the Minister will seek to have specified in the warrant.

(3) Such application shall be verified by an affidavit or affidavits sworn by or on behalf of the Minister which shall:

( a ) indicate how and when the sentenced person concerned became a national of the State or is otherwise regarded as a national of the State;

( b ) exhibit the order under which the sentence concerned was imposed on the sentenced person and show that it is, at the time of application, final;

( c ) indicate the length of sentence served by the sentenced person concerned at the time of the receipt of the request for the transfer and any remission of sentence which has accrued together with the basis of the calculation of same. If the sentenced person has less than six months left to serve an averment that the Minister considers that exceptional circumstances exist which would warrant a transfer should be included, where appropriate;

( d ) exhibit the consent in writing of the sentenced person to the transfer or of the legal representative of the sentenced person or any other person considered by the Minister to be appropriate;

( e ) briefly describe the acts or omission constituting the offence for which the sentenced person concerned has been sentenced;

( f ) provide proof of such steps as shall have been taken to inform the sentenced person in writing in his or her own language;

(i) of the substance of the international arrangements in accordance with which it is proposed to transfer him or her;

(ii) of the effect in relation to the person of any warrant which may be issued in respect of him or her under section 7 of the Act;

(iii) of the effect in relation to the person of the law relating to his or her detention under such a warrant and

(iv) of the powers of the Minister under section 9 of the Act;

( g ) exhibit the certificate of the Minister issued under section 6(6) of the Act.

3. (1) An application by the Minister pursuant to section 9(1) (b) to either revoke a warrant or vary one or more of the provisions of a warrant issued under section 7 of the Act shall be made ex parte to the Court and shall be grounded upon an affidavit or affidavits sworn by or on behalf of the Minister. Such affidavit or affidavits shall set forth:

( a ) the grounds for revocation or the variation (as the case may be); and

( b ) the particulars of the original application for the warrant;

( c ) shall exhibit the warrant which has been previously issued by the Court.

(2) In any case in which the Court is of the opinion that the sentenced person concerned is or is likely to be adversely affected in any way by the making of an order under section 9, the Court may direct that the application of the Minister be served upon the sentenced person concerned and may adjourn the application of the Minister and direct the production of the sentenced person concerned at a time and date specified by the Court. Upon production of the sentenced person concerned and having heard such submissions or representations as may be made by or on behalf of the sentenced person concerned and by or on behalf of the Minister the Court may make such order pursuant to section 9 of the Act as it thinks proper in the circumstances.

4. (1) The Chief Registrar shall

( a ) keep a register containing particulars of all applications made under section 7 and section 9 of the Act (as the case may be), and

( b ) keep a record and copy of all warrants issued by order of the Court, and

( c ) retain the certificate of the Minister and the affidavits used in the application or applications, as the case may be.

(2) Every order of the Court when drawn up shall be dated the day of the week, month and year on which the same was made and unless the Court shall otherwise direct shall take effect accordingly and shall be issued out of the Office of the Chief Registrar."

2. This rule shall be construed together with the Rules of the Superior Courts 1986 to 1997 and may be referred to as the Rules of the Superior Courts (No. 6) of 1997.

3. This rule shall come into operation on the 1st day of September, 1997

EXPLANATORY NOTE

This rule which comes into operation on the 1st day of September, 1997 provides for a New Order 128 to make provision in regard to applications to the High Court arising under the Transfer of Sentenced Persons Act, 1995 .