S.I. No. 275/1971 - District Court (Extradition Act, 1965) Amending Rules, 1971.

1. He has reason to believe that a warrant has been issued by a Judicial Authority, to wit, (

a

)

at (

b

)

in (

c

)

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.

2. He has received a request made on the ground of urgency by or on behalf of (

d

)

at (

b

)

in (

c

)

for the issue in the State of a warrant for the arrest of the said

3. He has reason to believe that the said may be found in the State.

‡4. 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

(

a

) State Judicial Authority.

(

b

) State place where warrant issued.

(

c

) State whether Northern Ireland, England and Wales, Scotland, the Isle of Man or the Channel Islands.

(

d

) State official title of Police Force.

*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 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, to wit, (

a

)

at (

b

)

in (

c

)

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

*Governor

thereof until the said warrant endorsed in

*person in charge

accordance with the provisions of Part III of the above Act is produced to the said

*Governor

or until the aforesaid day of

*person in charge

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 recognizance 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).

Dated this

day of

19

Signed......................................................

Justice of the District Court

*Delete where inapplicable.

†Give particulars of conviction or state offence.

(

a

) State Judicial Authority.

(

b

) State place where warrant issued.

(

c

) State whether Northern Ireland, England and Wales, Scotland, the Isle of Man or the Channel Islands.

GIVEN this 7th day of September, 1971.

D. L. UA DONNCHADHA,

Chairman. (Pursuant to section 35 (3)

of the Courts (Supplemental

Provisions) Act, 1961).

John Carr

Richard Knight

Andrew Eddery

I concur in the making of the foregoing Rules.

Dated this 23rd day of September, 1971.

DESMOND O'MALLEY

Minister for Justice.

EXPLANATORY NOTE.

These Rules prescribe certain forms in substitution for forms prescribed in the District Court (Extradition Act, 1965) Rules, 1968.

4. I have received a request made on the ground of urgency by or on behalf of (

d

)

at (

b

)

in (

c

)

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

(

a

) State Judicial Authority.

(

b

) State place where warrant issued.

(

c

) State whether Northern Ireland, England and Wales, Scotland, the Isle of Man or the Channel Islands.

(

d

) State official title of Police Force.

*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:—

S.I. No. 275 of 1971.

DISTRICT COURT (EXTRADITION ACT, 1965) AMENDING RULES, 1971.

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

, and

section 17

of the

Interpretation Act, 1937

(as applied by

section 48

of the

Courts (Supplemental Provisions) Act, 1961

), and

section 34

of the

Courts (Supplemental Provisions) Act, 1961

, do hereby, with the concurrence of the Minister for Justice, make the following Rules of Court:—