Backing of Warrants (Republic of Ireland) (Rule of Speciality) Order 1994

JurisdictionUK Non-devolved
CitationSI 1994/1952

1994 No. 1952

MAGISTRATES COURTSSUMMARY JURISDICTION, SCOTLAND

The Backing of Warrants (Republic of Ireland) (Rule of Speciality) Order 1994

Made 20th July 1994

Laid before Parliament 28th July 1994

Coming into force 22th August 1994

In exercise of the powers conferred by sections 2(5), 6A, 6B and 6C of the Backing of Warrants (Republic of Ireland) Act 19651, I hereby make the following Order:

S-1 This Order may be cited as the Backing of Warrants (Republic of...

1.—(1) This Order may be cited as the Backing of Warrants (Republic of Ireland) (Rule of Speciality) Order 1994 and shall come into force on 22nd August 1994.

(2) This Order applies where a warrant for the arrest of a person is endorsed on or after 22nd August 1994 for execution in a part of the United Kingdom under section 1 of the Backing of Warrants (Republic of Ireland) Act 1965 or in the Republic under corresponding arrangements.

(3) This Order extends to the United Kingdom, the Channel Islands and the Isle of Man.

S-2 In this Order— “corresponding arrangements” means arrangements...

2.—(1) In this Order—

“corresponding arrangements” means arrangements in force in the Republic for the delivery up of a person to the United Kingdom by the Republic corresponding to provisions contained in the 1965 Act for the delivery up of a person to the Republic by the United Kingdom;

“defendant” means a person delivered up to the United Kingdom under corresponding arrangements;

the 1965 Act” means the Backing of Warrants (Republic of Ireland) Act 1965, including that Act as it has effect in the Channel Islands and the Isle of Man, hereinafter referred to as the Islands;

“the Republic” means the Republic of Ireland;

except in article 1(3), “the United Kingdom” includes the Islands; and

“a part of the United Kingdom” includes each of the Islands.

(2) For the purposes of this Order, references to a defendant being dealt with for, or in respect of, an offence include a reference to his being dealt with by being proceeded against, sentenced, detained with a view to carrying out a sentence or detention order or otherwise restricted in his personal freedom for or in respect of an offence, and “detention order” means any order involving deprivation of liberty which has been made by a criminal court in addition to or instead of a prison sentence.

(3) For the purposes of this Order, a defendant is not to be regarded as having had an opportunity to leave the United Kingdom, or of having returned to any part of the United Kingdom, at any time whilst he was on bail granted to him in any part of the United Kingdom.

S-3 An order shall not be made under section 2(1) of the 1965 Act ...

3. An order shall not be made under section 2(1) of the 1965 Act if it is shown to the satisfaction of the court that no provision is made in...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT