Giornale della 821a Seduta plenaria del Foro di cooperazione per la sicurezza
This version of this provision extends to Scotland and Northern Ireland only; a separate version has been created for England and Wales only Act repealed (1.1.2004) by Extradition Act 2003 (c. 41), ss. 218(a), 220, 221, Sch. 4; S.I. 2003/3103, art. 2 (subject to savings in arts. 3-5 for extraditions made on or before 31.12.2003) (as amended by S.I. 2003/3312, art. 2 and S.I. 2003/3258, art. 2); and which Act in so far as it is still in force is amended (1.9.2004 for specified purposes and 1.4.2005 otherwise) by Courts Act 2003 (c. 39), s. 109(1), Sch. 8 paras. 119-123; S.I. 2004/2066, art. 2 (subject to art. 3); S.I. 2005/910, art. 3; and further amended (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 40(4), Sch. 9 para. 14; S.I. 2009/1604, art. 2; and further amended (18.6.2012 for specified purposes, 5.11.2012 for specified purposes and 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), ss. 41, 336(3)(4), Sch. 3 para. 41, Sch. 37 Pt. 4; S.I. 2012/1320, art. 4 (with art. 5); S.I. 2012/2574, art. 2, Sch. (with arts. 3, 4) (as amended by S.I. 2012/2761, art. 2); S.I. 2013/1103, art. 2 (with arts. 3, 4) Act repealed (1.1.2004) by Extradition Act 2003 (c. 41), ss. 218(a), 220, 221, Sch. 4; S.I. 2003/3103, art. 2 (subject to savings in arts. 3-5 for extraditions made on or before 31.12.2003) (as amended by S.I. 2003/3312, art. 2 and S.I. 2003/3258, art. 2); and which Act in so far as it is still in force is amended (1.9.2004 for specified purposes and 1.4.2005 otherwise) by Courts Act 2003 (c. 39), s. 109(1), Sch. 8 paras. 119-123; S.I. 2004/2066, art. 2 (subject to art. 3); S.I. 2005/910, art. 3; and further amended (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 40(4), Sch. 9 para. 14; S.I. 2009/1604, art. 2; and further amended (18.6.2012 for specified purposes, 5.11.2012 for specified purposes and 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), ss. 41, 336(3)(4), Sch. 3 para. 41, Sch. 37 Pt. 4; S.I. 2012/1320, art. 4 (with art. 5); S.I. 2012/2574, art. 2, Sch. (with arts. 3, 4) (as amended by S.I. 2012/2761, art. 2); S.I. 2013/1103, art. 2 (with arts. 3, 4) Words in s. 1(1)(b) inserted (19.12.1994) by 1994 c. 33, s. 159(2); S.I. 1994/2935, art.2. Words in s. 2(2)(a) repealed (20.3.2002) by 1994 c. 33, ss. 159(3), 168(3), Sch.11; S.I. 2002/447 S. 2(2)(c)(d) added by Criminal Jurisdiction Act 1975 (c. 59), Sch. 3 para. 1 Words added by Suppression of Terrorism Act 1978 (c. 26), s. 2(2) in relation to any warrant issued in the Republic of Ireland which specifies an offence to which s. 1 of that Act applies, being a warrant to which ibid. s. 1(3)(c) applies as mentioned in that paragraph S. 2(5) added (22.8.1994) by 1993 c. 36, s. 72(2); S.I. 1994/1951, art. 2. S. 2A inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 1(9), Sch. 1 Pt. II para. 5 and continued by Extradition Act 1989 (c. 33, SIF 48), s. 37(5), notwithstanding the repeal of that section 1(9) Words in s. 4(1)(c) inserted (19.12.1994) by 1994 c. 33, s. 159(4)(a); S.I. 1994/2935, art.2. Words in s. 4(2) substituted (19.12.1994) by 1994 c. 33, s. 159(4)(b); S.I. 1994/2935, art.2. Words in s. 4(3)(b) substituted (19.12.1994) by 1994 c. 33, s. 159(4)(c); S.I. 1994/2935, art.2. S. 5(1)(b) and words following that paragraph substituted (N.I.) (28.7.2003) by The Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)), arts. 1(3), 36(1), Sch. 1 para. 5(a); S.R. 2003/352, art. 2(d) Words in s. 5(2) substituted (N.I.) (28.7.2003) by The Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)), arts. 1(3), 36(1), {Sch. 1 para. 5(b}; S.R. 2003/352, art. 2(d) Words in s. 5(3) substituted (N.I.) (28.7.2003) by The Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)), arts. 1(3), 36(1), Sch. 1 para. 5(c); S.R. 2003/352, art. 2(d) Words in s. 5(4) repealed (N.I.) (13.6.2003) by The Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)), arts. 1(3), 36(2), Sch. 2; S.R. 2003/307, art. 2(f)(ii) Words in s. 5(4) substituted (N.I.) (28.7.2003) by The Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)), arts. 1(3), 36(1), Sch. 1 para. 5(d); S.R. 2003/352, art. 2(d) Words in s. 5(4) substituted (N.I.) (28.7.2003) by The Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)), arts. 1(3), 36(1), Sch. 1 para. 5(d); S.R. 2003/352, art. 2(d) S. 6A added (22.8.1994) by 1993 c. 36, s. 72(3); S.I. 1994/1951, art.2. S. 6B added (22.8.1994) by 1993 c. 36, s. 72(3); S.I. 1994/1951, art.2. S. 6C added (22.8.1994) by 1993 c. 36, s. 72(3); S.I. 1994/1951, art.2. S. 6D inserted (1.9.2001) by 2001 c. 17, s. 73(2) (with ss. 56(2), 63(2), 78); S.I. 2001/2161, art. 2 Words in s. 8(1)(b) substituted (1.4.1996) by virtue of 1995 c. 40, ss. 5, 7(2), Sch. 4 para.5. Words substituted by S.I. 1981/1675 (N.I. 26), art. 170(2), Sch. 6 para. 11 Words repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt.I Group 4 S. 9(2) repealed by Statute Law (Repeals) Act 1978 (c. 45), Sch. 1 Pt. I S. 11 repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I Proviso to s. 2 substituted (19.6.1997) and numbered as s. 2A by 1997 c. 25, ss. 73(2), 74(1), Sch. 5 para. 9 Proviso to s. 2 substituted (19.6.1997) and numbered as s. 2A by 1997 c. 25, ss. 73(2), 74(1), Sch. 5 para. 9. Word in Sch. para. 2A substituted (31.8.2000) by 1999 c. 22, s. 78, Sch. 11 para. 18(a) (with s. 107, Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(a) Words in Sch. para. 2A substituted (31.8.2000) by 1999 c. 22, s. 78, Sch. 11 para. 18(b) (with s. 107, Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(a) Words in Sch. para. 3 substituted (U.K.)(19.6.1997) by 1997 c. 25, ss. 73(2), 74(1), Sch. 5 para.9. Words in Sch. para. 3 substituted (1.4.1997) by 1994 c. 33, s. 159(5); S.I. 1997/882, art. 2. Words “sections 16(1) and 17(1) of the Prosecution of Offences Act 1985” substituted (prosp.) for words “section 1” to “central funds)” by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 170(1), 171, Sch. 15 para. 16 Words substituted by Costs in Criminal Cases Act 1973 (c. 14), Sch. 1 para. 3 Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1) Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1) Words substituted by S.I. 1981/228 (N.I. 8), art. 42(1), Sch. 3 Functions of burgh magistrates now exercisable by justice of the peace: District Courts (Scotland) Act 1975 (c. 20), s. 1(2) S. 12 extended by Genocide Act 1969 (c. 12), s. 3(1) 15.11.1965 appointed under s. 13(2) by S.I. 1965/1580 1975 c. 59. 1960 c.65 (39:1). 1978 c.23 (38). 1975 c.21 (39:1). 1949 c. 101. 1848 c. 42. 1868 c. 107. 1851 c. 93. 1851 c. 90. 1851 c. 93. 1973 c. 14. 1985 c.23 (39:1). 1974 c. 4. 1967 c. 43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where— then, subject to the provisions of this section, the justice shall endorse the warrant in the prescribed form for execution within the part of the United Kingdom comprising the area for which he acts.
a warrant has been issued by a judicial authority in the Republic of Ireland (in this Act referred to as the Republic) for the arrest of a person accused or convicted of an offence against the laws of the Republic, being an indictable offence or an offence punishable on summary conviction with imprisonment for six months; and
an application for the endorsement of the warrant is made to a justice of the peace in the United Kingdom by a constable who produces the warrant and states on oath that he has reason to believe the person named or described therein to be within the area for which the justice acts or on his way to the United Kingdom;
A warrant for the arrest of a person accused of an offence which under the laws of the Republic is not an indictable offence but is punishable on summary conviction with imprisonment for six months shall not be endorsed under this section unless—
he has failed to appear in answer to a summons issued by or on behalf of a court in the Republic requiring his presence before the court for the trial of the offence and, not less than fourteen days before the date named in the summons for his appearance, the summons was served on him personally in the Republic or a notice of the issue of the summons, together with a copy of the summons, was served on him personally in the United Kingdom; or
having entered into a recognizance for his appearance before a court in the Republic for the trial of the offence, he has failed to appear in pursuance of the recognizance; or
having appeared before a court in the Republic for the trial of the offence, he has subsequently failed to appear on any date to which the proceedings were adjourned.
A warrant for the arrest of a person convicted of any offence against the laws of the Republic shall not be endorsed under this section unless the purpose of the arrest is to enable him—
to be brought before a court in the Republic for sentence in respect of the conviction; or
to be taken to a place where he is to undergo imprisonment under such a sentence, not being imprisonment in default of the payment of a fine or other sum.
The endorsement of a warrant under this section by a justice of the peace in any part of the United Kingdom shall be treated for the purposes of any enactment or rule of law relating to warrants of arrest as if it were the issue by him of the warrant, and the warrant were for the arrest of a person charged with an offence committed in that part.
So soon as is practicable after a person is arrested under a warrant endorsed in accordance with section 1 of this Act, he shall be brought before a magistrates’ court and the court shall, subject to the following provisions of this section, order him to be delivered at some convenient point of departure from the United Kingdom into the custody of a member of the police force (Garda Síochána) of the Republic, and remand him until so delivered.
“judicial authority” means a court, judge or justice of a court, or peace commissioner;
or
that there are substantial grounds for believing—
that the warrant was in fact issued in order to secure the return of the person named or described in it to the Republic for the purpose of prosecuting or punishing him on account of his race, religion, nationality or political opinions; or
that he would, if returned there, be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality or political opinions.
“indictable offence” does not include an offence which is triable on indictment only at the instance or with the consent of the accused;
that the warrant is for the arrest of a person accused of an offence committed in Northern Ireland which constitutes an extra-territorial offence under the law of the Republic of Ireland as defined in section 3 of the Criminal Jurisdiction Act 1975; or
that the person named or described in the warrant has been acquitted or convicted in a trial in Northern Ireland for an extra-territorial offence as defined in section 1 of the said Act of 1975 in respect of the same act or omission as that in respect of which the warrant is issued.
that the offence specified in the warrant is an offence of a political character, or an offence under military law which is not also an offence under the general criminal law, [or an offence under an enactment relating to taxes, duties or exchange control]; or
that there are substantial grounds for believing that the person named or described in the warrant will, if taken to the Republic, be prosecuted or detained for another offence, being an offence of a political character or an offence under military law which is not also an offence under the general criminal law.
In any case where the court does not make an order under subsection (1) of this section, the court shall order the person named or described in the warrant to be discharged.
The provisions of the Schedule to this Act shall apply in relation to proceedings under this section.
The Secretary of State may by order provide that an order may not be made under subsection (1) of this section if it is shown to the satisfaction of the court that no provision is made in the law of the Republic, in respect of a person delivered up to the Republic by the United Kingdom, corresponding to the provision made by or under sections 6A and 6B of this Act in respect of a person delivered up to the United Kingdom by the Republic.
If the court refuses to make an order in relation to a person under section 2 above, the chief officer of police for the area of the force to which the constable making the application under section 1 above belongs or, if the application is made in Northern Ireland, the chief constable of the Royal Ulster Constabulary may question the proceeding on the ground that it is wrong in law by applying to the court to state a case for the opinion of the High Court on the question of law involved.
If the chief officer or chief constable immediately informs the court that he intends to make such an application, the court shall make an order providing for the detention of the person in question, or directing that he shall not be released except on bail.
Rules of Court may specify—
a period within which the chief officer or chief constable must make such an application unless the Court grants a longer period; and
a period within which the court must comply with such an application.
Where the court fails to comply with an application under subsection (1) above within the period specified in Rules of Court the High Court may, on the application of the chief officer or chief constable, make an order requiring the court to state a case.
The High Court shall have power—
to remit the case to the magistrates’ court to decide it according to the opinion of the High Court on the question of law; or
to dismiss the appeal.
An order made by a court in England and Wales or Northern Ireland under subsection (2) above shall cease to have effect if—
the High Court dismisses the appeal; and
the chief officer or chief constable does not immediately—
apply for leave to appeal to the House of Lords; or
inform the court that he intends to apply for leave.
An order made by a court in Scotland under subsection (2) above shall cease to have effect if the court dismisses the appeal.
In relation to a decision of a court on an appeal under this section, section 1 of the Administration of Justice Act 1960 or section 41 of the Judicature (Northern Ireland) Act 1978 (right of appeal to House of Lords) shall have effect as if so much of subsection (2) as restricts the grant of leave to appeal were omitted.
The House of Lords may exercise any powers of the High Court under subsection (5) above and subsection (6) above shall apply to them as it applies to that Court.
Subject to subsections (6) and (7) above, an order under subsection (2) above shall have effect so long as the case is pending.
For the purposes of this section a case is pending (unless proceedings are discontinued) until (disregarding any power of a court to grant leave to take any step out of time) there is no step that the chief officer or chief constable can take.
In the application to Scotland of this section—
for the references to the chief officer of police or the chief constable of the Royal Ulster Constabulary there shall be substituted references to the procurator fiscal;
for the references to the High Court, other than the reference in subsection (9) above, there shall be substituted references to the High Court of Justiciary; and
subsections (8) and (9) shall be omitted; and, in relation to an appeal under this section in Scotland, the court may make an order providing for the detention of the person to whom it relates, or may grant bail; and section 446(2) of the Criminal Procedure (Scotland) Act 1975 shall apply for the purpose of such an appeal as it applies for the purpose of an appeal such as is mentioned in section 444 of that Act.
Where an order is made by a magistrates’ court under section 2(1) of this Act in respect of any person— and the magistrates’ court shall inform him that he will not be delivered up under the order during the said period of fifteen days unless he gives notice as aforesaid, and that he has the right to apply for a writ of habeas corpus ad subjiciendum or, as the case may be, to make an application for review under subsection (2) of this section.
he shall not be delivered up under the order until the expiration of the period of fifteen days beginning with the date on which the order is made, unless he gives notice in the prescribed manner that he consents to his earlier removal;
if within that period an application is made by him or on his behalf for a writ of habeas corpus ad subjiciendum or, in the case of an order made in Scotland, an application for review is made by him under subsection (2) of this section, he shall not be so delivered up while proceedings on the application are pending;
An order made under section 2(1) of this Act by a court in Scotland may be reviewed by the High Court of Justiciary, in the same manner as an appeal against a summary conviction.
For the purposes of this section proceedings on an application for a writ of habeas corpus ad subjiciendum shall be treated as pending until any appeal in those proceedings is disposed of; and an appeal shall be treated as disposed of at the expiration of the time within which the appeal may be brought or, where leave to appeal is required, within which the application for leave may be made, if not brought or made within that time.
A justice of the peace in the United Kingdom, on the application of a constable who states on oath— may issue a warrant in the prescribed form (in this section referred to as a provisional warrant) for the arrest of that person: Provided that where the warrant issued in the Republic was for the arrest of a convicted person, a provisional warrant shall not be issued unless the applicant states on oath that he has reason to believe the requirements of section 1(3) of this Act to be satisfied.
that he has reason to believe that a warrant has been issued by a judicial authority in the Republic for the arrest of a person accused or convicted of an indictable offence against the laws of the Republic, but that the warrant is not yet in his possession; and
that he has received a request made on grounds of urgency by a member of the police force of the Republic holding the rank of inspector or above for the issue in the United Kingdom of a warrant for the arrest of that person; and
that he has reason to believe that person to be within the area for which the justice acts or on his way to the United Kingdom;
A provisional warrant issued in any part of the United Kingdom shall be treated for the purposes of any enactment or rule of law relating to warrants of arrest as if it were a warrant for the arrest of a person charged with an offence committed in that part, but the warrant shall not be authority for the making of an arrest more than seven days after the date of its issue.
So soon as is practicable after a person is arrested under a provisional warrant he shall be brought before a magistrates’ court, and—
if there is produced to the court the warrant issued in respect of him in the Republic, endorsed in accordance with section 1 of this Act, the court shall proceed as if he had been arrested under that warrant;
in any other case the court may remand him for not more than seven days.
Where at any time there is produced to a constable having custody of a person remanded under this section the warrant issued in respect of that person in the Republic, endorsed in accordance with section 1 of this Act, the period of the remand shall determine, and he shall thereafter be treated as if arrested at that time under that warrant.
If the period of a remand under this section is not determined under subsection (4) thereof the person remanded shall be discharged at the end of the period.
As respects Scotland subsections (4) and (5) of this section shall not apply, but if a warrant issued and endorsed as aforesaid in respect of a person remanded under this section is not produced within the period of the remand to the court which remanded him, he shall be discharged.
Where under section 2(1) or 4(3) of this Act a magistrates’ court has power to remand a person, the court may—
remand him in custody, that is to say, commit him for the period of the remand to prison or, in the case of a remand under section 4(3) of this Act, to the custody of a constable; or
remand him on bail, that is to say, direct him to surrender himself into the custody of the officer in charge of a specified police station at the time to be appointed by that officer and notified in writing to the person so remanded.
The time to be appointed for the purposes of subsection (1) above by the officer and notified to the person so remanded shall not be more than twenty-four hours before the time at which it appears to the officer in charge of the police station that the period of remand is likely to end.
During the period between the surrender of a person as aforesaid and the end of the period of remand he shall be treated as if committed to the custody of a constable, but where it appears to the officer to whom he surrenders that the end of the period of remand will be unexpectedly delayed the officer shall grant him bail subject to a duty to surrender himself into the custody of the officer in charge of the station specified under subsection (1) above at the time appointed by that officer and notified in writing to him; and subsection (2) above shall apply to the appointment of a time for the purposes of this subsection as it applies to the appointment of a time for the purposes of subsection (1) above
If . . . a person fails to surrender as aforesaid, the court by which he was remanded may , without prejudice to the enforcement of the recognizance, issue a warrant in the prescribed form for his arrest; and on his arrest under the warrant subsection (3) of this section shall apply as if he had surrendered to the officer in charge of the police station specified under subsection (1) above but that officer shall not grant him bail as provided by that subsection unless he is satisfied that it is proper to do so. A warrant issued under this subsection in any part of the United Kingdom shall be treated for the purposes of any enactment or rule of law relating to warrants of arrest as if it were a warrant for the arrest of a person charged with an offence committed in that part.
The foregoing provisions of this section shall not apply to Scotland, but the following provisions shall apply—
where under section 2(1) or section 4(3) of this Act a court has power to remand a person, the court may remand him either in custody or on bail, and if remanded on bail under the said section 2(1) it shall be made a condition of the bail bond that the person remanded shall surrender to the officer in charge of a specified police station at the time mentioned in a notice in writing to be served on him by or on behalf of that officer, but the time mentioned in a notice so served shall not be more than twenty-four hours before the time at which it appears to that officer that the period of remand is likely to end;
where it appears to the officer to whom a person surrenders as aforesaid that the end of the period of remand under the said section 2(1) will be unexpectedly delayed he shall release that person on continued bail conditioned as provided in the foregoing paragraph;
if a person remanded on bail fails to comply with the terms of the bail bond, the bail may be forfeited and the court which remanded him may grant warrant for his arrest, and a warrant so granted shall be treated for the purposes of any enactment or rule of law relating to warrants of arrest as if it were a warrant for the arrest of a person charged with an offence.
If the person in respect of whom an order has been made by a magistrates’ court under section 2(1) of this Act is not delivered up under the order within one month after it was made, a Superior Court exercising jurisdiction in the part of the United Kingdom within which it was made, upon application by or on behalf of that person, may, unless reasonable cause is shown for the delay, order him to be discharged. In this subsection “Superior Court” means the High Court, the High Court of Justiciary in Scotland or the High Court of Northern Ireland.
If, in the case of a person in respect of whom an order has been made under section 2(1) of this Act, it appears to a justice of the peace acting for the same area as that of the court by which the order was made, or in Scotland to the sheriff, that for any reason the police force of the Republic no longer require the delivery of that person into their custody he shall order him to be discharged.
For the purposes of this Act—
a document purporting to be a warrant issued by a judicial authority in the Republic or a copy of a summons issued by or on behalf of a court in the Republic, if verified in the prescribed manner, may be taken to be such a warrant or, as the case may be, a copy of such a summons, and the warrant or summons shall be taken to have been duly issued;
evidence with respect to the laws of the Republic may be given by affidavit or other written statement on oath, but a certificate purporting to be issued by or on behalf of the judicial authority in the Republic by whom a warrant was issued, or another judicial authority acting for the same area, and certifying that the offence specified in the warrant can be dealt with under the laws of the Republic in the manner described in the certificate shall be sufficient evidence of matters so certified;
a deposition purporting to have been made in the Republic, or affidavit or written statement purporting to have been sworn therein, may be admitted if verified in the prescribed manner.
The Secretary of State may by order provide that, except in such cases as may be specified in the order, no person delivered up to the United Kingdom under corresponding arrangements in force in the Republic (“the defendant”) may be dealt with for, or in respect of, any offence committed before his surrender, other than the offence for which he was delivered up.
In subsection (1) of this section, “corresponding” means corresponding to provisions contained in this Act.
Any order under this section may, in particular, specify the following cases for the purposes of subsection (1) of this section—
where consent is given by a Minister of the Republic;
where the defendant, having had an opportunity to leave the United Kingdom, has not done so within 45 days of his final discharge in respect of the offence for which he was delivered up;
where the defendant has, after being returned to the United Kingdom, left the United Kingdom and subsequently returned to it;
where the description of the offence charged in the United Kingdom is altered in the course of proceedings but the offence under its new description is shown by its constituent elements to be an offence for which the defendant could have been delivered up under the corresponding legislation.
Matters falling to be prescribed under this Act shall be prescribed by rules, being—
in England and Wales, magistrates’ courts rules made under section 15 of the Justices of the Peace Act 1949;
in Scotland, rules made by Act of Adjournal under section 306 of the Criminal Procedure (Scotland) Act 1995;
in Northern Ireland, magistrates’ courts rules within the meaning of Article 13 of the Magistrates’ Courts (Northern Ireland) Order 1981.
The power to make such rules as are mentioned in paragraphs (a) to (c) of subsection (1) of this section shall include power to make rules for any of the purposes of this Act, . . .
The Secretary of State may by order provide that, except in such cases as may be specified in the order, no person delivered up to the United Kingdom under corresponding arrangements in force in the Republic (“the defendant”) may be delivered up to a territory other than the Republic to be dealt with for, or in respect of, any offence committed before his surrender to the United Kingdom.
In subsection (1) of this section “corresponding” means corresponding to provisions contained in this Act.
Any order under this section may, in particular, specify the following cases for the purposes of subsection (1) of this section—
where consent is given by a Minister of the Republic;
where the defendant, having had an opportunity to leave the United Kingdom, has not done so within 45 days of his final discharge in respect of the offence for which he was delivered up;
where the defendant has, after being returned to the United Kingdom, left the United Kingdom and subsequently returned to it.
The following enactments relating to the backing of warrants, that is to say— shall cease to have effect in relation to the Republic and accordingly references in those enactments to Ireland shall be construed as references to Northern Ireland only.
sections 12, 14 and 15 of the Indictable Offences Act 1848;
section 4 of the Indictable Offences Act Amendment Act 1868;
sections 27 and 29 of the Petty Sessions (Ireland) Act 1851; and
section 4 of the Fines Act (Ireland) 1851,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sections 27 and 29 of the Petty Sessions (Ireland) Act 1851 shall have effect in relation to Northern Ireland, and shall be deemed to have had effect at all material times both in relation to Northern Ireland and in relation to the Republic or the Irish Free State, as if references to the inspector general and deputy inspectors general of the constabulary included references to any officer of police who, under the law for the time being in force in Northern Ireland, or in the Republic or the Irish Free State, as the case may be, exercises or exercised functions corresponding to the functions of the said inspector general and deputy inspectors general, and as if references to a form contained in that Act included any form prescribed or otherwise authorised by or under that law.
In this Act—
" imprisonment " includes any form of detention ;
“the Republic” means the Republic of Ireland.
" indictable offence " does not include an offence which is triable on indictment only at the instance or with the consent of the accused ;
" judicial authority " means a court, judge or justice of a court, or peace commissioner;
" prescribed " means prescribed in accordance with section 8 of this Act;
“prescribed” means prescribed in accordance with section 8 of this act;
Section 2.
Paragraphs 2 to 4 of this Schedule shall apply to proceedings in England or Wales under section 2 of this Act.
The court shall consist of at least two justices and shall sit in open court in a petty-sessional court-house or an occasional court-house:
Section 10E of the Justices of the Peace Act 1997 (which exempts District Judges (Magistrates’ Courts) from certain restrictions imposed by the Magistrates’ Courts Act 1980) shall apply as if paragraph 2 of this Schedule were contained in the Magistrates’ Courts Act 1980.
Subject to paragraphs 2 and 2Aof this Schedule, the court shall have the like powers, including power to adjourn the case and meanwhile to remand the person arrested under the warrant either in custody or on bail, as if the proceedings were the summary trial of an information against that person..
Without prejudice to the generality of paragraph 3 of this Schedule, section 1 of the Costs in Criminal Cases Act 1973 (award of costs by examining justices out of central funds)sections 16(1) and 17(1) of the Prosecution of Offences Act 1985 and section 28 of the Legal Aid Act 1974 shall apply in relation to the proceedings as if the person arrested under the warrant were charged with an indictable offence on the prosecution of the constable on whose application the warrant was endorsed and, where the court discharges that person, as if it had determined not to commit for trial.
Paragraph 6 of this Schedule shall apply to proceedings in Scotland under section 2 of this Act.
The court shall have the like powers, including power to adjourn the case and meanwhile to remand the person arrested under the warrant either in custody or on bail, and the proceedings shall be conducted as nearly as may be in the like manner, as if the proceedings were summary proceedings in respect of an offence alleged to have been committed by that person; and the provisions of the Legal Aid (Scotland) Act 1967 as respects such proceedings or any appellate proceedings following thereon shall apply accordingly to that person.
Paragraphs 8 to 10 of this Schedule shall apply to proceedings in Northern Ireland under section 2 of this Act.
The court shall consist of a resident magistrate sitting, in or out of petty sessions, in open court.
Subject to paragraph 8 of this Schedule, the court shall have the like powers, including power to adjourn the case and meanwhile to remand the person arrested under the warrant either in custody or on bail, and the proceedings shall be conducted as nearly as may be in the like manner, as if the court were conducting the preliminary investigation of an indictable offence alleged to have been committed by that person.
Without prejudice to the generality of paragraph 9 of this Schedule, Article 28 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981shall apply in relation to the proceedings as if the person arrested under the warrant were charged with an indictable offence on the prosecution of the constable on whose application the warrant was endorsed.
Subject to section 12(1) of this Act, references in this Act to a part of the United Kingdom are references to England and Wales, to Scotland, or to Northern Ireland.
In the application of this Act to Scotland, “justice of the peace”, except in section 6(2), includes a sheriff and a magistrate, and references to a magistrates’ court shall be construed as references to the sheriff court.
Any reference in this Act to any other enactment is a reference thereto as amended, and includes a reference thereto as extended or applied, by or under any other enactment.
The power to make an order under section 2(5), 6A or 6B of this Act shall be exercisable by statutory instrument.
Any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Any such order may—
make different provision for different cases; and
make such incidental or supplemental provision as the Secretary of State considers appropriate.
Any incidental or supplemental provision may, in particular, include—
in the case of an order under section 2(5) of this Act, provision as to the circumstances in which, and the presumptions which may be applied in considering whether, provision made by the law of the Republic is to be treated as corresponding to provision made by or under section 6A or 6B of this Act;
in the case of an order under section 6A or 6B of this Act—
provision as to the notification of any consent;
provision as to the drawing up of any document to support a request for consent.
Where any consent is notified in accordance with the provisions of an order under section 6A or 6B of this Act—
judicial notice shall be taken of that consent; and
a certificate of the Secretary of State to the effect that that consent was given in accordance with those provisions shall be evidence without further proof (or in Scotland sufficient evidence).
This section applies to—
any offence that if committed in the United Kingdom would be punishable as—
an offence under section 51 or 58 of the International Criminal Court Act 2001 (genocide, crimes against humanity and war crimes),
an offence under section 52 or 59 of that Act (conduct ancillary to genocide, etc. committed outside the jurisdiction), or
an ancillary offence, as defined in section 55 or 62 of that Act, in relation to any such offence as is mentioned in sub-paragraph (i) or (ii); and
any offence punishable in the United Kingdom under section 1 of the Geneva Conventions Act 1957 (grave breach of scheduled conventions).
For the purposes of this Act—
an offence to which this section applies shall not be regarded as an offence of a political character, and
no proceedings in respect of such an offence shall be regarded as a criminal matter of a political character.
It is not an objection to proceedings against a person in respect of an offence to which this section applies that under the law in force at the time when and in the place where he is alleged to have committed the act of which he is accused, or of which he was convicted, he could not have been punished for it.
References in this section to an offence under any provision of the International Criminal Court Act 2001, or to an offence ancillary to such an offence, include any corresponding offence under the law of Scotland.
Subject to the provisions of this section, this Act shall extend to the Channel Islands and the Isle of Man (in this section collectively referred to as the Islands) and shall have effect as if each of them were a part of the United Kingdom.
Her Majesty may by Order in Council direct that this Act shall, in its application to any of the Islands, have effect subject to such exceptions, adaptations and modifications as may be specified in the Order.
An Order in Council under this section may be varied or revoked by a subsequent Order in Council thereunder.
This Act may be cited as the Backing of Warrants (Republic of Ireland) Act 1965.
Section 9(3) of this Act and this section shall come into force on the passing of this Act, and the remaining provisions shall come into force on such date as the Secretary of State may by order made by statutory instrument appoint.
Except in cases provided for by section 9(2) of this Act, this Act shall apply in relation to an offence notwithstanding that the offence was committed, or is alleged to have been committed, before the date appointed under subsection (2) of this section.
This version of this provision extends to Scotland and Northern Ireland only; a separate version has been created for England and Wales only Act repealed (1.1.2004) by Extradition Act 2003 (c. 41), ss. 218(a), 220, 221, Sch. 4; S.I. 2003/3103, art. 2 (subject to savings in arts. 3-5 for extraditions made on or before 31.12.2003) (as amended by S.I. 2003/3312, art. 2 and S.I. 2003/3258, art. 2); and which Act in so far as it is still in force is amended (1.9.2004 for specified purposes and 1.4.2005 otherwise) by Courts Act 2003 (c. 39), s. 109(1), Sch. 8 paras. 119-123; S.I. 2004/2066, art. 2 (subject to art. 3); S.I. 2005/910, art. 3; and further amended (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 40(4), Sch. 9 para. 14; S.I. 2009/1604, art. 2; and further amended (18.6.2012 for specified purposes, 5.11.2012 for specified purposes and 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), ss. 41, 336(3)(4), Sch. 3 para. 41, Sch. 37 Pt. 4; S.I. 2012/1320, art. 4 (with art. 5); S.I. 2012/2574, art. 2, Sch. (with arts. 3, 4) (as amended by S.I. 2012/2761, art. 2); S.I. 2013/1103, art. 2 (with arts. 3, 4) Act repealed (1.1.2004) by Extradition Act 2003 (c. 41), ss. 218(a), 220, 221, Sch. 4; S.I. 2003/3103, art. 2 (subject to savings in arts. 3-5 for extraditions made on or before 31.12.2003) (as amended by S.I. 2003/3312, art. 2 and S.I. 2003/3258, art. 2); and which Act in so far as it is still in force is amended (1.9.2004 for specified purposes and 1.4.2005 otherwise) by Courts Act 2003 (c. 39), s. 109(1), Sch. 8 paras. 119-123; S.I. 2004/2066, art. 2 (subject to art. 3); S.I. 2005/910, art. 3; and further amended (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 40(4), Sch. 9 para. 14; S.I. 2009/1604, art. 2; and further amended (18.6.2012 for specified purposes, 5.11.2012 for specified purposes and 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), ss. 41, 336(3)(4), Sch. 3 para. 41, Sch. 37 Pt. 4; S.I. 2012/1320, art. 4 (with art. 5); S.I. 2012/2574, art. 2, Sch. (with arts. 3, 4) (as amended by S.I. 2012/2761, art. 2); S.I. 2013/1103, art. 2 (with arts. 3, 4) Words in s. 1(1)(b) inserted (19.12.1994) by 1994 c. 33, s. 159(2); S.I. 1994/2935, art.2. Words in s. 2(2)(a) repealed (20.3.2002) by 1994 c. 33, ss. 159(3), 168(3), Sch.11; S.I. 2002/447 S. 2(2)(c)(d) added by Criminal Jurisdiction Act 1975 (c. 59), Sch. 3 para. 1 Words added by Suppression of Terrorism Act 1978 (c. 26), s. 2(2) in relation to any warrant issued in the Republic of Ireland which specifies an offence to which s. 1 of that Act applies, being a warrant to which ibid. s. 1(3)(c) applies as mentioned in that paragraph S. 2(5) added (22.8.1994) by 1993 c. 36, s. 72(2); S.I. 1994/1951, art. 2. S. 2A inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 1(9), Sch. 1 Pt. II para. 5 and continued by Extradition Act 1989 (c. 33, SIF 48), s. 37(5), notwithstanding the repeal of that section 1(9) Words in s. 4(1)(c) inserted (19.12.1994) by 1994 c. 33, s. 159(4)(a); S.I. 1994/2935, art.2. Words in s. 4(2) substituted (19.12.1994) by 1994 c. 33, s. 159(4)(b); S.I. 1994/2935, art.2. Words in s. 4(3)(b) substituted (19.12.1994) by 1994 c. 33, s. 159(4)(c); S.I. 1994/2935, art.2. S. 5(1)(b) and words following that paragraph substituted (N.I.) (28.7.2003) by The Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)), arts. 1(3), 36(1), Sch. 1 para. 5(a); S.R. 2003/352, art. 2(d) Words in s. 5(2) substituted (N.I.) (28.7.2003) by The Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)), arts. 1(3), 36(1), {Sch. 1 para. 5(b}; S.R. 2003/352, art. 2(d) Words in s. 5(3) substituted (N.I.) (28.7.2003) by The Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)), arts. 1(3), 36(1), Sch. 1 para. 5(c); S.R. 2003/352, art. 2(d) Words in s. 5(4) repealed (N.I.) (13.6.2003) by The Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)), arts. 1(3), 36(2), Sch. 2; S.R. 2003/307, art. 2(f)(ii) Words in s. 5(4) substituted (N.I.) (28.7.2003) by The Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)), arts. 1(3), 36(1), Sch. 1 para. 5(d); S.R. 2003/352, art. 2(d) Words in s. 5(4) substituted (N.I.) (28.7.2003) by The Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)), arts. 1(3), 36(1), Sch. 1 para. 5(d); S.R. 2003/352, art. 2(d) S. 6A added (22.8.1994) by 1993 c. 36, s. 72(3); S.I. 1994/1951, art.2. S. 6B added (22.8.1994) by 1993 c. 36, s. 72(3); S.I. 1994/1951, art.2. S. 6C added (22.8.1994) by 1993 c. 36, s. 72(3); S.I. 1994/1951, art.2. S. 6D inserted (1.9.2001) by 2001 c. 17, s. 73(2) (with ss. 56(2), 63(2), 78); S.I. 2001/2161, art. 2 Words in s. 8(1)(b) substituted (1.4.1996) by virtue of 1995 c. 40, ss. 5, 7(2), Sch. 4 para.5. Words substituted by S.I. 1981/1675 (N.I. 26), art. 170(2), Sch. 6 para. 11 Words repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt.I Group 4 S. 9(2) repealed by Statute Law (Repeals) Act 1978 (c. 45), Sch. 1 Pt. I S. 11 repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I Proviso to s. 2 substituted (19.6.1997) and numbered as s. 2A by 1997 c. 25, ss. 73(2), 74(1), Sch. 5 para. 9 Proviso to s. 2 substituted (19.6.1997) and numbered as s. 2A by 1997 c. 25, ss. 73(2), 74(1), Sch. 5 para. 9. Word in Sch. para. 2A substituted (31.8.2000) by 1999 c. 22, s. 78, Sch. 11 para. 18(a) (with s. 107, Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(a) Words in Sch. para. 2A substituted (31.8.2000) by 1999 c. 22, s. 78, Sch. 11 para. 18(b) (with s. 107, Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(a) Words in Sch. para. 3 substituted (U.K.)(19.6.1997) by 1997 c. 25, ss. 73(2), 74(1), Sch. 5 para.9. Words in Sch. para. 3 substituted (1.4.1997) by 1994 c. 33, s. 159(5); S.I. 1997/882, art. 2. Words “sections 16(1) and 17(1) of the Prosecution of Offences Act 1985” substituted (prosp.) for words “section 1” to “central funds)” by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 170(1), 171, Sch. 15 para. 16 Words substituted by Costs in Criminal Cases Act 1973 (c. 14), Sch. 1 para. 3 Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1) Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1) Words substituted by S.I. 1981/228 (N.I. 8), art. 42(1), Sch. 3 Functions of burgh magistrates now exercisable by justice of the peace: District Courts (Scotland) Act 1975 (c. 20), s. 1(2) S. 12 extended by Genocide Act 1969 (c. 12), s. 3(1) 15.11.1965 appointed under s. 13(2) by S.I. 1965/1580 1975 c. 59. 1960 c.65 (39:1). 1978 c.23 (38). 1975 c.21 (39:1). 1949 c. 101. 1848 c. 42. 1868 c. 107. 1851 c. 93. 1851 c. 90. 1851 c. 93. 1973 c. 14. 1985 c.23 (39:1). 1974 c. 4. 1967 c. 43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where— then, subject to the provisions of this section, the justice shall endorse the warrant in the prescribed form for execution within the part of the United Kingdom comprising the area for which he acts.
a warrant has been issued by a judicial authority in the Republic of Ireland (in this Act referred to as the Republic) for the arrest of a person accused or convicted of an offence against the laws of the Republic, being an indictable offence or an offence punishable on summary conviction with imprisonment for six months; and
an application for the endorsement of the warrant is made to a justice of the peace in the United Kingdom by a constable who produces the warrant and states on oath that he has reason to believe the person named or described therein to be within the area for which the justice acts or on his way to the United Kingdom;
A warrant for the arrest of a person accused of an offence which under the laws of the Republic is not an indictable offence but is punishable on summary conviction with imprisonment for six months shall not be endorsed under this section unless—
he has failed to appear in answer to a summons issued by or on behalf of a court in the Republic requiring his presence before the court for the trial of the offence and, not less than fourteen days before the date named in the summons for his appearance, the summons was served on him personally in the Republic or a notice of the issue of the summons, together with a copy of the summons, was served on him personally in the United Kingdom; or
having entered into a recognizance for his appearance before a court in the Republic for the trial of the offence, he has failed to appear in pursuance of the recognizance; or
having appeared before a court in the Republic for the trial of the offence, he has subsequently failed to appear on any date to which the proceedings were adjourned.
A warrant for the arrest of a person convicted of any offence against the laws of the Republic shall not be endorsed under this section unless the purpose of the arrest is to enable him—
to be brought before a court in the Republic for sentence in respect of the conviction; or
to be taken to a place where he is to undergo imprisonment under such a sentence, not being imprisonment in default of the payment of a fine or other sum.
The endorsement of a warrant under this section by a justice of the peace in any part of the United Kingdom shall be treated for the purposes of any enactment or rule of law relating to warrants of arrest as if it were the issue by him of the warrant, and the warrant were for the arrest of a person charged with an offence committed in that part.
So soon as is practicable after a person is arrested under a warrant endorsed in accordance with section 1 of this Act, he shall be brought before a magistrates’ court and the court shall, subject to the following provisions of this section, order him to be delivered at some convenient point of departure from the United Kingdom into the custody of a member of the police force (Garda Síochána) of the Republic, and remand him until so delivered.
“judicial authority” means a court, judge or justice of a court, or peace commissioner;
or
that there are substantial grounds for believing—
that the warrant was in fact issued in order to secure the return of the person named or described in it to the Republic for the purpose of prosecuting or punishing him on account of his race, religion, nationality or political opinions; or
that he would, if returned there, be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality or political opinions.
“indictable offence” does not include an offence which is triable on indictment only at the instance or with the consent of the accused;
that the warrant is for the arrest of a person accused of an offence committed in Northern Ireland which constitutes an extra-territorial offence under the law of the Republic of Ireland as defined in section 3 of the Criminal Jurisdiction Act 1975; or
that the person named or described in the warrant has been acquitted or convicted in a trial in Northern Ireland for an extra-territorial offence as defined in section 1 of the said Act of 1975 in respect of the same act or omission as that in respect of which the warrant is issued.
that the offence specified in the warrant is an offence of a political character, or an offence under military law which is not also an offence under the general criminal law, [or an offence under an enactment relating to taxes, duties or exchange control]; or
that there are substantial grounds for believing that the person named or described in the warrant will, if taken to the Republic, be prosecuted or detained for another offence, being an offence of a political character or an offence under military law which is not also an offence under the general criminal law.
In any case where the court does not make an order under subsection (1) of this section, the court shall order the person named or described in the warrant to be discharged.
The provisions of the Schedule to this Act shall apply in relation to proceedings under this section.
The Secretary of State may by order provide that an order may not be made under subsection (1) of this section if it is shown to the satisfaction of the court that no provision is made in the law of the Republic, in respect of a person delivered up to the Republic by the United Kingdom, corresponding to the provision made by or under sections 6A and 6B of this Act in respect of a person delivered up to the United Kingdom by the Republic.
If the court refuses to make an order in relation to a person under section 2 above, the chief officer of police for the area of the force to which the constable making the application under section 1 above belongs or, if the application is made in Northern Ireland, the chief constable of the Royal Ulster Constabulary may question the proceeding on the ground that it is wrong in law by applying to the court to state a case for the opinion of the High Court on the question of law involved.
If the chief officer or chief constable immediately informs the court that he intends to make such an application, the court shall make an order providing for the detention of the person in question, or directing that he shall not be released except on bail.
Rules of Court may specify—
a period within which the chief officer or chief constable must make such an application unless the Court grants a longer period; and
a period within which the court must comply with such an application.
Where the court fails to comply with an application under subsection (1) above within the period specified in Rules of Court the High Court may, on the application of the chief officer or chief constable, make an order requiring the court to state a case.
The High Court shall have power—
to remit the case to the magistrates’ court to decide it according to the opinion of the High Court on the question of law; or
to dismiss the appeal.
An order made by a court in England and Wales or Northern Ireland under subsection (2) above shall cease to have effect if—
the High Court dismisses the appeal; and
the chief officer or chief constable does not immediately—
apply for leave to appeal to the House of Lords; or
inform the court that he intends to apply for leave.
An order made by a court in Scotland under subsection (2) above shall cease to have effect if the court dismisses the appeal.
In relation to a decision of a court on an appeal under this section, section 1 of the Administration of Justice Act 1960 or section 41 of the Judicature (Northern Ireland) Act 1978 (right of appeal to House of Lords) shall have effect as if so much of subsection (2) as restricts the grant of leave to appeal were omitted.
The House of Lords may exercise any powers of the High Court under subsection (5) above and subsection (6) above shall apply to them as it applies to that Court.
Subject to subsections (6) and (7) above, an order under subsection (2) above shall have effect so long as the case is pending.
For the purposes of this section a case is pending (unless proceedings are discontinued) until (disregarding any power of a court to grant leave to take any step out of time) there is no step that the chief officer or chief constable can take.
In the application to Scotland of this section—
for the references to the chief officer of police or the chief constable of the Royal Ulster Constabulary there shall be substituted references to the procurator fiscal;
for the references to the High Court, other than the reference in subsection (9) above, there shall be substituted references to the High Court of Justiciary; and
subsections (8) and (9) shall be omitted; and, in relation to an appeal under this section in Scotland, the court may make an order providing for the detention of the person to whom it relates, or may grant bail; and section 446(2) of the Criminal Procedure (Scotland) Act 1975 shall apply for the purpose of such an appeal as it applies for the purpose of an appeal such as is mentioned in section 444 of that Act.
Where an order is made by a magistrates’ court under section 2(1) of this Act in respect of any person— and the magistrates’ court shall inform him that he will not be delivered up under the order during the said period of fifteen days unless he gives notice as aforesaid, and that he has the right to apply for a writ of habeas corpus ad subjiciendum or, as the case may be, to make an application for review under subsection (2) of this section.
he shall not be delivered up under the order until the expiration of the period of fifteen days beginning with the date on which the order is made, unless he gives notice in the prescribed manner that he consents to his earlier removal;
if within that period an application is made by him or on his behalf for a writ of habeas corpus ad subjiciendum or, in the case of an order made in Scotland, an application for review is made by him under subsection (2) of this section, he shall not be so delivered up while proceedings on the application are pending;
An order made under section 2(1) of this Act by a court in Scotland may be reviewed by the High Court of Justiciary, in the same manner as an appeal against a summary conviction.
For the purposes of this section proceedings on an application for a writ of habeas corpus ad subjiciendum shall be treated as pending until any appeal in those proceedings is disposed of; and an appeal shall be treated as disposed of at the expiration of the time within which the appeal may be brought or, where leave to appeal is required, within which the application for leave may be made, if not brought or made within that time.
A justice of the peace in the United Kingdom, on the application of a constable who states on oath— may issue a warrant in the prescribed form (in this section referred to as a provisional warrant) for the arrest of that person: Provided that where the warrant issued in the Republic was for the arrest of a convicted person, a provisional warrant shall not be issued unless the applicant states on oath that he has reason to believe the requirements of section 1(3) of this Act to be satisfied.
that he has reason to believe that a warrant has been issued by a judicial authority in the Republic for the arrest of a person accused or convicted of an indictable offence against the laws of the Republic, but that the warrant is not yet in his possession; and
that he has received a request made on grounds of urgency by a member of the police force of the Republic holding the rank of inspector or above for the issue in the United Kingdom of a warrant for the arrest of that person; and
that he has reason to believe that person to be within the area for which the justice acts or on his way to the United Kingdom;
A provisional warrant issued in any part of the United Kingdom shall be treated for the purposes of any enactment or rule of law relating to warrants of arrest as if it were a warrant for the arrest of a person charged with an offence committed in that part, but the warrant shall not be authority for the making of an arrest more than seven days after the date of its issue.
So soon as is practicable after a person is arrested under a provisional warrant he shall be brought before a magistrates’ court, and—
if there is produced to the court the warrant issued in respect of him in the Republic, endorsed in accordance with section 1 of this Act, the court shall proceed as if he had been arrested under that warrant;
in any other case the court may remand him for not more than seven days.
Where at any time there is produced to a constable having custody of a person remanded under this section the warrant issued in respect of that person in the Republic, endorsed in accordance with section 1 of this Act, the period of the remand shall determine, and he shall thereafter be treated as if arrested at that time under that warrant.
If the period of a remand under this section is not determined under subsection (4) thereof the person remanded shall be discharged at the end of the period.
As respects Scotland subsections (4) and (5) of this section shall not apply, but if a warrant issued and endorsed as aforesaid in respect of a person remanded under this section is not produced within the period of the remand to the court which remanded him, he shall be discharged.
Where under section 2(1) or 4(3) of this Act a magistrates’ court has power to remand a person, the court may—
remand him in custody, that is to say, commit him for the period of the remand to prison or, in the case of a remand under section 4(3) of this Act, to the custody of a constable; or
remand him on bail, that is to say, direct him to surrender himself into the custody of the officer in charge of a specified police station at the time to be appointed by that officer and notified in writing to the person so remanded.
The time to be appointed for the purposes of subsection (1) above by the officer and notified to the person so remanded shall not be more than twenty-four hours before the time at which it appears to the officer in charge of the police station that the period of remand is likely to end.
During the period between the surrender of a person as aforesaid and the end of the period of remand he shall be treated as if committed to the custody of a constable, but where it appears to the officer to whom he surrenders that the end of the period of remand will be unexpectedly delayed the officer shall grant him bail subject to a duty to surrender himself into the custody of the officer in charge of the station specified under subsection (1) above at the time appointed by that officer and notified in writing to him; and subsection (2) above shall apply to the appointment of a time for the purposes of this subsection as it applies to the appointment of a time for the purposes of subsection (1) above
If . . . a person fails to surrender as aforesaid, the court by which he was remanded may , without prejudice to the enforcement of the recognizance, issue a warrant in the prescribed form for his arrest; and on his arrest under the warrant subsection (3) of this section shall apply as if he had surrendered to the officer in charge of the police station specified under subsection (1) above but that officer shall not grant him bail as provided by that subsection unless he is satisfied that it is proper to do so. A warrant issued under this subsection in any part of the United Kingdom shall be treated for the purposes of any enactment or rule of law relating to warrants of arrest as if it were a warrant for the arrest of a person charged with an offence committed in that part.
The foregoing provisions of this section shall not apply to Scotland, but the following provisions shall apply—
where under section 2(1) or section 4(3) of this Act a court has power to remand a person, the court may remand him either in custody or on bail, and if remanded on bail under the said section 2(1) it shall be made a condition of the bail bond that the person remanded shall surrender to the officer in charge of a specified police station at the time mentioned in a notice in writing to be served on him by or on behalf of that officer, but the time mentioned in a notice so served shall not be more than twenty-four hours before the time at which it appears to that officer that the period of remand is likely to end;
where it appears to the officer to whom a person surrenders as aforesaid that the end of the period of remand under the said section 2(1) will be unexpectedly delayed he shall release that person on continued bail conditioned as provided in the foregoing paragraph;
if a person remanded on bail fails to comply with the terms of the bail bond, the bail may be forfeited and the court which remanded him may grant warrant for his arrest, and a warrant so granted shall be treated for the purposes of any enactment or rule of law relating to warrants of arrest as if it were a warrant for the arrest of a person charged with an offence.
If the person in respect of whom an order has been made by a magistrates’ court under section 2(1) of this Act is not delivered up under the order within one month after it was made, a Superior Court exercising jurisdiction in the part of the United Kingdom within which it was made, upon application by or on behalf of that person, may, unless reasonable cause is shown for the delay, order him to be discharged. In this subsection “Superior Court” means the High Court, the High Court of Justiciary in Scotland or the High Court of Northern Ireland.
If, in the case of a person in respect of whom an order has been made under section 2(1) of this Act, it appears to a justice of the peace acting for the same area as that of the court by which the order was made, or in Scotland to the sheriff, that for any reason the police force of the Republic no longer require the delivery of that person into their custody he shall order him to be discharged.
For the purposes of this Act—
a document purporting to be a warrant issued by a judicial authority in the Republic or a copy of a summons issued by or on behalf of a court in the Republic, if verified in the prescribed manner, may be taken to be such a warrant or, as the case may be, a copy of such a summons, and the warrant or summons shall be taken to have been duly issued;
evidence with respect to the laws of the Republic may be given by affidavit or other written statement on oath, but a certificate purporting to be issued by or on behalf of the judicial authority in the Republic by whom a warrant was issued, or another judicial authority acting for the same area, and certifying that the offence specified in the warrant can be dealt with under the laws of the Republic in the manner described in the certificate shall be sufficient evidence of matters so certified;
a deposition purporting to have been made in the Republic, or affidavit or written statement purporting to have been sworn therein, may be admitted if verified in the prescribed manner.
The Secretary of State may by order provide that, except in such cases as may be specified in the order, no person delivered up to the United Kingdom under corresponding arrangements in force in the Republic (“the defendant”) may be dealt with for, or in respect of, any offence committed before his surrender, other than the offence for which he was delivered up.
In subsection (1) of this section, “corresponding” means corresponding to provisions contained in this Act.
Any order under this section may, in particular, specify the following cases for the purposes of subsection (1) of this section—
where consent is given by a Minister of the Republic;
where the defendant, having had an opportunity to leave the United Kingdom, has not done so within 45 days of his final discharge in respect of the offence for which he was delivered up;
where the defendant has, after being returned to the United Kingdom, left the United Kingdom and subsequently returned to it;
where the description of the offence charged in the United Kingdom is altered in the course of proceedings but the offence under its new description is shown by its constituent elements to be an offence for which the defendant could have been delivered up under the corresponding legislation.
Matters falling to be prescribed under this Act shall be prescribed by rules, being—
in England and Wales, magistrates’ courts rules made under section 15 of the Justices of the Peace Act 1949;
in Scotland, rules made by Act of Adjournal under section 306 of the Criminal Procedure (Scotland) Act 1995;
in Northern Ireland, magistrates’ courts rules within the meaning of Article 13 of the Magistrates’ Courts (Northern Ireland) Order 1981.
The power to make such rules as are mentioned in paragraphs (a) to (c) of subsection (1) of this section shall include power to make rules for any of the purposes of this Act, . . .
The Secretary of State may by order provide that, except in such cases as may be specified in the order, no person delivered up to the United Kingdom under corresponding arrangements in force in the Republic (“the defendant”) may be delivered up to a territory other than the Republic to be dealt with for, or in respect of, any offence committed before his surrender to the United Kingdom.
In subsection (1) of this section “corresponding” means corresponding to provisions contained in this Act.
Any order under this section may, in particular, specify the following cases for the purposes of subsection (1) of this section—
where consent is given by a Minister of the Republic;
where the defendant, having had an opportunity to leave the United Kingdom, has not done so within 45 days of his final discharge in respect of the offence for which he was delivered up;
where the defendant has, after being returned to the United Kingdom, left the United Kingdom and subsequently returned to it.
The following enactments relating to the backing of warrants, that is to say— shall cease to have effect in relation to the Republic and accordingly references in those enactments to Ireland shall be construed as references to Northern Ireland only.
sections 12, 14 and 15 of the Indictable Offences Act 1848;
section 4 of the Indictable Offences Act Amendment Act 1868;
sections 27 and 29 of the Petty Sessions (Ireland) Act 1851; and
section 4 of the Fines Act (Ireland) 1851,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sections 27 and 29 of the Petty Sessions (Ireland) Act 1851 shall have effect in relation to Northern Ireland, and shall be deemed to have had effect at all material times both in relation to Northern Ireland and in relation to the Republic or the Irish Free State, as if references to the inspector general and deputy inspectors general of the constabulary included references to any officer of police who, under the law for the time being in force in Northern Ireland, or in the Republic or the Irish Free State, as the case may be, exercises or exercised functions corresponding to the functions of the said inspector general and deputy inspectors general, and as if references to a form contained in that Act included any form prescribed or otherwise authorised by or under that law.
In this Act—
" imprisonment " includes any form of detention ;
“the Republic” means the Republic of Ireland.
" indictable offence " does not include an offence which is triable on indictment only at the instance or with the consent of the accused ;
" judicial authority " means a court, judge or justice of a court, or peace commissioner;
" prescribed " means prescribed in accordance with section 8 of this Act;
“prescribed” means prescribed in accordance with section 8 of this act;
Section 2.
Paragraphs 2 to 4 of this Schedule shall apply to proceedings in England or Wales under section 2 of this Act.
The court shall consist of at least two justices and shall sit in open court in a petty-sessional court-house or an occasional court-house:
Section 10E of the Justices of the Peace Act 1997 (which exempts District Judges (Magistrates’ Courts) from certain restrictions imposed by the Magistrates’ Courts Act 1980) shall apply as if paragraph 2 of this Schedule were contained in the Magistrates’ Courts Act 1980.
Subject to paragraphs 2 and 2Aof this Schedule, the court shall have the like powers, including power to adjourn the case and meanwhile to remand the person arrested under the warrant either in custody or on bail, as if the proceedings were the summary trial of an information against that person..
Without prejudice to the generality of paragraph 3 of this Schedule, section 1 of the Costs in Criminal Cases Act 1973 (award of costs by examining justices out of central funds)sections 16(1) and 17(1) of the Prosecution of Offences Act 1985 and section 28 of the Legal Aid Act 1974 shall apply in relation to the proceedings as if the person arrested under the warrant were charged with an indictable offence on the prosecution of the constable on whose application the warrant was endorsed and, where the court discharges that person, as if it had determined not to commit for trial.
Paragraph 6 of this Schedule shall apply to proceedings in Scotland under section 2 of this Act.
The court shall have the like powers, including power to adjourn the case and meanwhile to remand the person arrested under the warrant either in custody or on bail, and the proceedings shall be conducted as nearly as may be in the like manner, as if the proceedings were summary proceedings in respect of an offence alleged to have been committed by that person; and the provisions of the Legal Aid (Scotland) Act 1967 as respects such proceedings or any appellate proceedings following thereon shall apply accordingly to that person.
Paragraphs 8 to 10 of this Schedule shall apply to proceedings in Northern Ireland under section 2 of this Act.
The court shall consist of a resident magistrate sitting, in or out of petty sessions, in open court.
Subject to paragraph 8 of this Schedule, the court shall have the like powers, including power to adjourn the case and meanwhile to remand the person arrested under the warrant either in custody or on bail, and the proceedings shall be conducted as nearly as may be in the like manner, as if the court were conducting the preliminary investigation of an indictable offence alleged to have been committed by that person.
Without prejudice to the generality of paragraph 9 of this Schedule, Article 28 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981shall apply in relation to the proceedings as if the person arrested under the warrant were charged with an indictable offence on the prosecution of the constable on whose application the warrant was endorsed.
Subject to section 12(1) of this Act, references in this Act to a part of the United Kingdom are references to England and Wales, to Scotland, or to Northern Ireland.
In the application of this Act to Scotland, “justice of the peace”, except in section 6(2), includes a sheriff and a magistrate, and references to a magistrates’ court shall be construed as references to the sheriff court.
Any reference in this Act to any other enactment is a reference thereto as amended, and includes a reference thereto as extended or applied, by or under any other enactment.
The power to make an order under section 2(5), 6A or 6B of this Act shall be exercisable by statutory instrument.
Any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Any such order may—
make different provision for different cases; and
make such incidental or supplemental provision as the Secretary of State considers appropriate.
Any incidental or supplemental provision may, in particular, include—
in the case of an order under section 2(5) of this Act, provision as to the circumstances in which, and the presumptions which may be applied in considering whether, provision made by the law of the Republic is to be treated as corresponding to provision made by or under section 6A or 6B of this Act;
in the case of an order under section 6A or 6B of this Act—
provision as to the notification of any consent;
provision as to the drawing up of any document to support a request for consent.
Where any consent is notified in accordance with the provisions of an order under section 6A or 6B of this Act—
judicial notice shall be taken of that consent; and
a certificate of the Secretary of State to the effect that that consent was given in accordance with those provisions shall be evidence without further proof (or in Scotland sufficient evidence).
This section applies to—
any offence that if committed in the United Kingdom would be punishable as—
an offence under section 51 or 58 of the International Criminal Court Act 2001 (genocide, crimes against humanity and war crimes),
an offence under section 52 or 59 of that Act (conduct ancillary to genocide, etc. committed outside the jurisdiction), or
an ancillary offence, as defined in section 55 or 62 of that Act, in relation to any such offence as is mentioned in sub-paragraph (i) or (ii); and
any offence punishable in the United Kingdom under section 1 of the Geneva Conventions Act 1957 (grave breach of scheduled conventions).
For the purposes of this Act—
an offence to which this section applies shall not be regarded as an offence of a political character, and
no proceedings in respect of such an offence shall be regarded as a criminal matter of a political character.
It is not an objection to proceedings against a person in respect of an offence to which this section applies that under the law in force at the time when and in the place where he is alleged to have committed the act of which he is accused, or of which he was convicted, he could not have been punished for it.
References in this section to an offence under any provision of the International Criminal Court Act 2001, or to an offence ancillary to such an offence, include any corresponding offence under the law of Scotland.
Subject to the provisions of this section, this Act shall extend to the Channel Islands and the Isle of Man (in this section collectively referred to as the Islands) and shall have effect as if each of them were a part of the United Kingdom.
Her Majesty may by Order in Council direct that this Act shall, in its application to any of the Islands, have effect subject to such exceptions, adaptations and modifications as may be specified in the Order.
An Order in Council under this section may be varied or revoked by a subsequent Order in Council thereunder.
This Act may be cited as the Backing of Warrants (Republic of Ireland) Act 1965.
Section 9(3) of this Act and this section shall come into force on the passing of this Act, and the remaining provisions shall come into force on such date as the Secretary of State may by order made by statutory instrument appoint.
Except in cases provided for by section 9(2) of this Act, this Act shall apply in relation to an offence notwithstanding that the offence was committed, or is alleged to have been committed, before the date appointed under subsection (2) of this section.