Extradition Act, 1965

Provisional arrest.

[Art. 16]

27.—(1) A justice of the District Court, if he so thinks proper, may, without an order of the Minister under section 26, issue a warrant for the arrest of any person on the sworn information of a member of the Garda Síochána not below the rank of inspector that a request for the provisional arrest of that person has been made, on the ground of urgency, on behalf of a country in relation to which this Part applies and on being satisfied that the request complies with the requirements of this section.

(2) A request for the provisional arrest of any person shall—

(a) state that one of the documents mentioned in paragraph (a) of section 25 exists in respect of that person and that it is intended to send a request for his extradition,

(b) specify the nature of the offence and the time at which and the place where the offence is alleged to have been committed, and

(c) give a description of the person whose arrest is sought.

(3) A request for provisional arrest may be transmitted by post or telegraph or by any other means affording evidence in writing.

(4) A warrant issued under this section may be executed by any member of the Garda Síochána in any part of the State.

(5) Where a justice issues a warrant under subsection (1) he shall forthwith inform the Minister of the issue of the warrant and the Minister may, if he thinks fit, order the warrant to be cancelled and the person arrested thereunder released.

(6) A person arrested under a warrant issued under this section shall, unless the warrant is cancelled under subsection (5), be brought before a justice of the District Court assigned to the Dublin Metropolitan District, or such other justice as the Minister may under section 28 direct, and the justice shall remand the said person, either in custody or on bail, pending receipt from the Minister of an order signifying that the request for extradition has been duly received or the release of that person under section 35, and for this purpose the justice shall have the same powers of remand as if that person were brought before him charged with an indictable offence.

(7) If, within the period of eighteen days after such person's arrest, no such order is received, he shall be released.

(8) The release of any person under subsection (5) or (7) shall not prejudice his re-arrest and extradition if a request for his extradition is afterwards made.