District Court Rules

ORDER 29

EXTRADITION

PART I

Definitions

1. In this Order—

‘the Act of 1994’ means the Extradition (Amendment) Act, 1994 (No 6 of 1994);

‘Judge of the District Court assigned to the Dublin Metropolitan District’ means the President of the District Court and any other Judge of the District Court assigned to the Dublin Metropolitan District nominated for the purposes of the Principal Act by the President of the District Court;

‘the Principal Act’ means the Extradition Act, 1965 (No 17 of 1965);

PART II

Warrant of arrest (section 26)

2. Where, on production to a Judge of the District Court assigned to the Dublin Metropolitan District of a certificate of the Minister for Justice under section 26(1)(a) of the Principal Act (as substituted by section 7 of the Act of 1994) certifying that a request has been made in accordance with Part II of the Principal Act for the extradition of a person, the Judge issues a warrant under section 26(1)(b) of the Principal Act (as substituted by the said section 7) for the arrest of that person, such warrant shall be in the Form 29.1, Schedule B.

Provisional arrest (section 27)

3. (1) An application for the issue of a warrant under section 27(1) of the Principal Act (as substituted by section 8 of the Act of 1994) for the arrest of a person shall be made by the information on oath and in writing, in the Form 29.2, Schedule B, of a member of the Garda Síochána not below the rank of Inspector.

(2) Where, on foot of such information and without a certificate of the Minister for Justice under section 26(1)(a) of the Principal Act, the Judge issues a warrant for the arrest of the person, such warrant (for provisional arrest) shall be in the Form 29.3, Schedule B.

(3) Where a Judge issues a warrant under section 27(1) of the Principal Act, the Clerk shall forthwith send to the Minister for Justice a notice in the Form 29.4, Schedule B informing the Minister of the issue of the warrant.

(4) Where a person arrested under a warrant issued under the said section 27(1) is before a Judge of the District Court assigned to the Dublin Metropolitan District and the Judge remands the said person in custody pending the production of a certificate of the Minister for Justice under section 26(1)(a) of the Principal Act, the committal warrant in such case shall be in the Form 29.5, Schedule B.

Committal of person whose extradition is requested (section 29)

4. (1) Where a person is before the court under section 26 or 27 of the Principal Act and the court makes an order under section 29(1) of that Act committing that person to a prison or, as the case may be, a remand institution, there to await the order of the Minister for Justice for his or her extradition, such order of the court shall be in the Form 29.6, Schedule B. (2) Upon the making of such an order by the court, the Clerk shall forthwith send to the Minister, under subsection (3)(b) of the said section 29, a certificate of the committal in the Form 29.7, Schedule B.

Consent to surrender

5. The consent to be surrendered given, by a person committed under section 29 of the Principal Act, before a Judge of the District Court assigned to the Dublin Metropolitan District under section 31 of that Act (as substituted by section 4 of the Act of 1994) shall be in writing in the Form 29.8, Schedule B.

PART III

Proceedings before the court (section 47)

6. (1) Where a person named or described in a warrant is before the District Court in pursuance of Part III of the Principal Act, and the court makes an order under section 47(1) of that Act (as substituted by section 12 of the Act of 1994) for the delivery of that person into the custody of a member of a police force of the place in which the warrant was issued for conveyance to that place, and remands him or her in custody until so delivered, the order of the court in such case shall be in the Form 29.9, Schedule B. (2) If in any such case the court adjourns the proceedings and remands that person in custody under section 47(4) of the Principal Act (as substituted by section 12 of the Act of 1994), the committal warrant shall be in the Form 29.10, Schedule B.

Consent to being delivered up (section 48)

7. The consent of a person to whom an order under section 47(1) of the Principal Act relates to be delivered up under the order, given before a Judge of the District Court assigned to the Dublin Metropolitan District under section 48(1) of the Principal Act (as substituted by section 4 of the Act of 1994) shall be in writing in the Form 29.11, Schedule B.

Provisional warrant (section 49)

8. (1) An application to a Judge of the District Court for the issue of a provisional warrant for the arrest of a person under section 49(1) of the Principal Act shall be made by the information on oath and in writing, in the Form 29.12, Schedule B, of a member of the Garda Síochána not below the rank of Inspector.

(2) When on foot of such information the Judge issues a provisional warrant for the arrest of that person, such warrant shall be in the Form 29.13, Schedule B.

(3) Where a Judge of the District Court assigned to the Dublin Metropolitan District remands a person in custody for not more than seven days under section 49(6) of the Principal Act (as substituted by section 13 of the Act of 1994) the committal warrant in such case shall be in the Form 29.14, Schedule B.

Form of recognisance (section 7A)

9. Where a person arrested under Part II or III of the Principal Act is admitted to bail by order of the High Court under section 7A of that Act (as inserted by section 5 of the Act of 1994) and the order directs that a recognisance be entered into before a Judge of the District Court or before the Governor or Deputy Governor of a prison or a remand institution, such recognisance may be in the Form 29.15, Schedule B, or any modification thereof which may be necessary to comply with the terms and conditions of the said Order of the High Court.

Provisions applicable to warrants

10. (1) Subject to the provisions of paragraphs (2) and (3) of this rule, the provisions of these Rules applicable to warrants in proceedings as to offences shall apply to warrants issued under the Principal Act.

(2) A warrant of arrest issued under sections 26, 27 or 49 of the Principal Act may be addressed to any member of the Garda Síochána in any part of the State.

(3) A warrant to which paragraph (2) hereof relates may be executed by any member of the Garda Síochána in any part of the State, and may be so executed notwithstanding that it is not in the possession of the member at the time; and the warrant shall be shown to, and a copy of same given to, the person arrested at the time of such arrest or, if the warrant is not then in the possession of the member, within 24 hours thereafter.

Evidence by affidavit

11. In any proceedings brought before the court under the Extradition Acts, 1965 to 1994 (other than an application for the issue of a warrant of arrest) the court may at any time, for such reasons as it thinks fit and on such conditions as it thinks reasonable, permit the evidence of any witness to be given by affidavit and permit the affidavit of such witness to be read at the hearing. The court shall not, however, grant such permission when it appears that any party to the proceedings bona fide requires the production of the witness for cross-examination and that such witness can be produced.

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