Backing of Warrants (Republic of Ireland) Act 1965
| Jurisdiction | UK Non-devolved |
| Citation | 1965 c. 45 |
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; andan 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 F2or on his way to the United Kingdom;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; orhaving 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; orhaving 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.to be brought before a court in the Republic for sentence in respect of the conviction; orto 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.(4) 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.(1) 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.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, [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.F4orthat 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; orthat 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.F5orthat 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; orthat 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.(3) 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.(4) The provisions of the Schedule to this Act shall apply in relation to proceedings under this section.(5) 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.(1) 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
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