Criminal Procedure Act, 1967

Offences under the law of Scotland.

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

(a) an offence punishable under the law of Scotland by death or by imprisonment for a maximum period of at least six months shall be treated as being an indictable offence and not also 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 prosecuted summarily, and

(b) an offence punishable under the said law by such imprisonment shall be treated as being a summary offence if it is certified, as aforesaid, that it will be prosecuted cummarily and that it is so punishable.

(2) A certificate appearing to be given by a Procurator Fiscal may without further evidence—

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

(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 .