IE
S.I. No. 279/1968 - District Court (Extradition Act, 1965) Rules, 1968.
Table of Provisions (6)
Statutory Text (6 Articles)
1. On the ...................... day of .................................... 19 ..........., ............................................................ .. *(alias) ..............................................………………….. of ......………………………………………… entered into a recognisance, which I now produce, conditioned for his surrender to the member of the Garda Síochána in charge of the Garda Síochána station at ................................................ at the time mentioned in a notice in writing to be served on him by or on behalf of that member.
2. A notice in writing was duly served on the said .................................................. by or on behalf of the said member on the ................. day of .................................... 19 ......., requiring the said ..................................................... to surrender himself to the said member at the Garda Síochána station at ......................................................... on the ............ day of .................................... 19 ....., not later than ...... m.
3. The said ...................................................... has failed to surrender himself at the time and place named in the said notice.
I therefore apply for the issue of a warrant for the arrest of the said ............................................
Signed ............................................................ ..
Informant
SWORN before me this
day of
19
Signed ............................................................ .....................
Justice of the District Court
*delete where inapplicable.
FORM 23
EXTRADITION ACT, 1965
sections 47 (1), 49 (6) and 52 (5)
WARRANT OF ARREST
District Court Area of
District No.
WHEREAS .................................................... *(alias) ........................................................ of ............................................................ ............................................................ ............. was admitted to bail by recognisance conditioned for his surrender to the member of the Garda Síochána in charge of the Garda Síochána station at ............................................................ .................................. at the time mentioned in a notice in writing to be served on him by or on behalf of that member;
AND WHEREAS a notice in writing was duly served on the said ............................................................ by or on behalf of the said member on the ............ day of ................................... 19......., requiring the said ........ ................................................to surrender himself to the said member of the Garda Síochána at ...................................................... on the ............ day of ................................... 19......., not later than ....... m.;
AND WHEREAS the said ...................................................... has failed to surrender himself at the time and place named in the said notice;
THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said ............................................................ ............................................................ ...............................
And for this the present warrant shall be a sufficient authority to all whom it may concern.
Dated this
day of
19
Signed ............................................................ ...................
Justice of the District Court
To the Superintendent of the Garda Síochána
at
*delete where inapplicable.
GIVEN this 19th day of December, 1968.
Cathal Ó Floinn, Chairman.
Denis P. O'Donovan
John Farrell
M. J. C. Keane
John Carr
Richard Knight
W. A. Osborne
Gerard Clarke
Andrew Eddery
I concur in the making of the foregoing Rules.
Dated this 19th day of December, 1968.
Micheál Ó Móráin
Minister for Justice.
EXPLANATORY NOTE
These Rules, which come into operation on 1st January, 1969, prescribe the Forms to be used in District Court proceedings under the Extradition Act, 1965.
4. I have received a request made on the ground of urgency by or on behalf of a Police Force of † Northern Ireland † England and Wales † Scotland † the Isle of Man † the Channel Islands for the issue in the State of a warrant for the arrest of the said............................................................ ....
5. I have reason to believe that the said .............................................. may be found in the State.
§6. I have reason to believe that the requirements of subsection (3) of section 43 of the above Act have been satisfied.
I therefore apply for the issue of a warrant for the arrest of the said .........……………………
Signed ............................................................ ...........................
Informant
SWORN before me this
day of
19
Signed ............................................................ .............................
Justice of the District Court
†delete places not relevant.
*delete where inapplicable.
‡give particulars of conviction or state offence.
§delete where warrant is not for the arrest of a convicted person.
FORM 18
EXTRADITION ACT, 1965
section 49
PROVISIONAL WARRANT OF ARREST
District Court Area of
District No.
WHEREAS a sworn information has been made by a member of the Garda Síochána not below the rank of Inspector that:—
(
a
) he has reason to believe that a warrant has been issued by a Judicial Authority in † Northern Ireland † England and Wales † Scotland † the Isle of Man † the Channel Islands, a place in relation to which Part III of the above Act applies, for the arrest of............................................................ * (alias) ……………………………………………. of …………………………………………………………….
*(accused) *(convicted) of an indictable offence under the law of that place, to wit —‡
but that the warrant is not yet in his possession.
(
b
) he has received a request made on the ground of urgency by or on behalf of a Police Force of that place for the issue in the State of a warrant for the arrest of the said .....................................................
(
c
) he has reason to believe that the said ................................................... may be found in the State.
§(
d
) he has reason to believe that the requirements of subsection (3) of section 43 of the above Act are satisfied.
THIS IS TO COMMAND any member of the Garda Síochána to arrest the said ....................................... .................................................... within five days from the date of this warrant and bring him before a Justice of the District Court for the District in which he is arrested if such Justice is immediately available and, if not, before a Peace Commissioner in that District to be dealt with according to law.
And for this the present warrant shall be a sufficient authority to all whom it may concern
Dated this
day of
19
Signed ............................................................ .....................
Justice of the District Court
To the Superintendent of the Garda Síochána
at
†delete places not relevant.
*delete where inapplicable.
‡give particulars of conviction or state offence.
§delete where warrant is not for the arrest of a convicted person.
FORM 19
EXTRADITION ACT, 1965
section 49 (6), (7)
COMMITTAL WARRANT
(for not more than three days after arrest on provisional warrant)
District Court Area of
District No.
WHEREAS ............................................................ .............. *(alias) .......................................................….. of ………………............................................................ ............................................................ ...................................... was this day before me, at a sitting of the District Court at ........................... in the Court Area and District aforesaid, on foot of a provisional warrant of arrest dated the ............ day of .................................. 19 ...., issued pursuant to section 49 of the above Act, on the ground that there is reason to believe that a warrant has been issued by a Judicial Authority in †Northern Ireland †England and Wales †Scotland †the Isle of Man †the Channel Islands, a place in relation to which Part III of the above Act applies, for the arrest of the said ............................................................ *(accused) *(convicted) of an indictable offence under the law of that place, to wit:—‡
AND WHEREAS the last mentioned warrant endorsed in accordance with the provisions of Part III of the above Act was not produced to me;
AND WHEREAS I did remand the said ................................................ until the last mentioned warrant so endorsed be produced to the person having the custody of the said ............................................................ or until the ............ day of .................................... 19....... (a day not more than three days from the date hereof) whichever is the earlier;
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
thereof until the said warrant endorsed in accordance with the provisions of Part III of the above Act is produced to the said
or until the aforesaid ............. day of .................................... 19 ......., to be then released if the said warrant has not been produced as aforesaid; 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, for forty eight hours unless the said warrant endorsed in accordance with the provisions of section 43 of the above Act be sooner produced to the said member.
And for this the present warrant shall be a sufficient authority to all whom it may concern.
Dated this
day of
19
Signed ............................................................ ....................
Justice of the District Court
To the Superintendent of the Garda Síochána
at
* Consent to and conditions of release
I hereby consent to the said ...................................................... being conditionally released on his entering into a recognisance conditioned in accordance with section 52 (3) of the above Act, himself in the sum of £ ........ and one sufficient surety in the sum of £ ....... or two sufficient sureties in the sum of £ .......... each *(and I further consent that in lieu of such surety or sureties ............ pounds be accepted).
*delete where inapplicable.
Dated this
day of
19
Signed ............................................................ .......................
Justice of the District Court
*delete where inapplicable
†delete places not relevant.
‡state offence or give particulars of conviction.
FORM 20
EXTRADITION ACT, 1965
sections 47 (1), 49 (6), 52 (2A), 52 (3), 52 (4) and 52 (5)
RECOGNISANCE
District Court Area of
District No.
We ............................................................ ................................. of ............................................................ ........
a ............................................................ .................................... and ............................................................ .....
of ............................................................ ..................................... a ............................................................ ........
and ............................................................ ........................... of ............................................................ .............
a ...................................................... severally acknowledge ourselves to owe to the State the several sums following, that is to say, the said .................................................... the sum of ............ pounds and the said .......................................................... and the said .......................................................... the sum of ............ pounds each to the use of the Minister for Finance if the said, .................................................... fail in the condition hereunder.
...........................................Principal Party
...........................................Surety
...........................................Surety
Acknowledged before me this
day of
19
Signed ............................................................ ...............
Justice of the District Court or Peace Commissioner or Member of the Garda Síochána in charge of the Garda Síochána station at.....................................
The condition of this recognisance is that the said ........................................................ will surrender himself to the member of the Garda Síochána in charge of the Garda Síochána station at ................................................ at the time mentioned in a notice in writing to be served on him by or on behalf of that member, then the said recognisance to be void, or else to stand in full force and effect.
FORM 21
EXTRADITION ACT, 1965
section 52 (3)
NOTICE TO SURRENDER
WHEREAS you ................................................. *(alias) ............................................………………. of ………………………………………………………………………………………………………………………. were admitted to bail by recognisance conditioned for your surrender to the member of the Garda Síochána in charge of the Garda Síochána station at ...................................................... at the time mentioned in a notice in writing to be served on you by or on behalf of the said member.
TAKE NOTICE that you are hereby required to surrender to the said member of the Garda Síochána in charge of the said station on the ............ day of ..................................... 19 ...... not later than ......m.
Dated this
day of
19
Signed ............................................................ .....................................
*(on behalf of) member of the Garda Síochána in charge of said station
To ............................................................
of ...........................................................
*delete where inapplicable.
FORM 22
EXTRADITION ACT, 1965
sections 47 (1), 49 (6) and 52 (5)
INFORMATION
District Court Area of
District No.
The information of ......................................................... who says on oath:—
S.I. No. 279 of 1968.
DISTRICT COURT (EXTRADITION ACT, 1965) RULES, 1968.
The District Court Rules Committee, in exercise of the powers conferred on them by
section 91
of the
Courts of Justice Act, 1924
,
section 72
of the
Courts of Justice Act, 1936
,
section 17
of the
Interpretation Act, 1937
, and
section 48
of the
Courts (Supplemental Provisions) Act, 1961
, and with the concurrence of the Minister for Justice, do hereby make the following rules:—