Criminal Justice Act, 1999

Offences under the law of Scotland.

32.—(1) For the purposes of Part III of the Extradition Act, 1965—

(a) an offence punishable under the law of Scotland by imprisonment for a maximum period of at least 6 months shall be treated as an indictable offence and not also as a summary offence if it is certified by a Procurator Fiscal that the offence is an indictable offence so punishable and that it will not be or, as the case may be, has not been prosecuted summarily, and

(b) an offence punishable under the law of Scotland by imprisonment for a maximum period of at least 6 months shall be treated as a summary offence if it is certified by a Procurator Fiscal that the offence will be or, as the case may be, has been prosecuted summarily, and that it is so punishable.

(2) A certificate appearing to be given by a Procurator Fiscal and certifying as to the matters mentioned in paragraph (a) or (b) of subsection (1) may, without further evidence—

(a) be accepted by the Commissioner of the Garda Síochána, and

(b) be admitted in any proceedings, unless the court sees good reason to the contrary,

as evidence of the matters so certified.

(3) In this section “Procurator Fiscal” includes a Depute.

(4) This section shall be construed as one with Part III of the Extradition Act, 1965.

(5) Section 37 of the Act of 1967 is hereby repealed.