S.I. No. 89/1998:

DISTRICT COURT (EXTRADITION) RULES, 1998.

DISTRICT COURT (EXTRADITION) RULES, 1998.

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 [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, Equality and Law Reform, make the following Rules of Court:--

1. These Rules may be cited as the District Court (Extradition) Rules, 1998.

2. These Rules shall come into operation on the 1st day of April, 1998, and shall be read together with all other District Court Rules for the time being in force.

3. Form No. 29.5, Schedule B to the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) is hereby amended by the substitution of "35" for "50" where "50" occurs therein, and the said Form 29.5 as so amended, appears in Schedule 1 hereto.

SCHEDULE 1

No. 29.5

SCHEDULE B

O.29,r.3(4)

Dublin Metropolitan District

EXTRADITION ACT, 1965

Section 27(6)

COMMITTAL WARRANT

(remand to District Court pending production of certificate of the Minister)

WHEREAS a person named ............................................ *(alias) ................................... of ............................................................ ................ was this day before me, a Judge of the District Court assigned to the Dublin Metropolitan District, at a sitting of the Court for that District, he/she having been arrested on a warrant dated the .......... day of .......... 19.. and issued under section 27(1) of the above-mentioned Act (as substituted by section 8 of the Extradition (Amendment) Act, 1994 ) in consequence of a request made on the ground of urgency on behalf of ................ a country in relation to which Part II of the said Act of 1965 applies, stating

that *(a conviction and sentence or detention order)

*(a warrant of arrest or other order having the same effect)

*Delete if not applicable

exists in respect of the said ................................................. for that he/she did†

†State nature, time and place of alleged offence

AND WHEREAS I did remand the said ........................ in custody under section 27(6) of the said Act of 1965 (as substituted by section 8 of the Act of 1994)--

to the sitting of the District Court to be held at ......... in the said district on the .......... day of .......... 19.. at .......... a.m./p.m. (being a time within the period of eighteen days after his/her arrest and not exceeding eight days from the date hereof)

pending the production of a certificate of the Minister for Justice, Equality and Law Reform under section 26(1)(a) of the said Act of 1965 (as substituted by section 7 of the Act of 1994) stating that the request for extradition has been duly made or the release of that person under section 35 of the said Act of 1965

THIS IS TO COMMAND YOU, to whom this warrant is addressed to lodge the said .......... in the *(prison)* (remand institution, he/she being not more than twenty-one years of age) at ......................................................... there to be detained by the *(governor)* (person in charge) thereof until the date of the said sitting when you shall have him/her at such sitting to be further dealt with according to law.

*Delete if not applicable

Dated this .......... day of .......... 19....

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

Judge of the District Court assigned to the Dublin Metropolitan District

To the Superintendent of the Garda Síochána

at ............................................................ ..

Given this 30th day of January 1998

Peter Smithwick Chairman

John Garavan

John P. Clifford

John P. Brophy

Sean McMullin

Gerard Griffin

Deirdre M. Kennedy

James McCormack, Secretary

I concur in the making of the foregoing Rules.

Dated this 31st day of March, 1998

JOHN O'DONOGHUE,

Minister for Justice, Equality and Law Reform.

EXPLANATORY NOTE.

These Rules, which come into effect on 1st April, 1998, prescribe an amended form of arrest warrant for use in extradition proceedings.