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Criminal Jurisdiction Act 1975

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Changes over time for: Paragraph 4

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4(1)The accused shall have—N.I.

(a)a right to attend the examination of the witness, and

(b)a right to be represented by counsel or a solicitor in the proceedings (whether or not the accused is present), and

(c)a right, if not represented by counsel or solicitor, to question the witness, and to make submissions or representations to the Commissioner.

(2)So long as the accused is in Northern Ireland pursuant to this Part of this Schedule—

(a)he shall be kept in custody, and

(b)while duly kept in custody, he shall be immune from arrest or detention, and from any other proceeding whatsoever, related to any criminal or civil matter which arose prior to his arrival in Northern Ireland in custody pursuant to the provisions of the law of the Republic of Ireland corresponding to paragraph 5(4) below.

(3)If the accused has exercised his right to attend the examination of the witness, he shall, unless the Commissioner otherwise directs, remain in Northern Ireland until the examination is completed.

(4)Either the prosecutor or the accused may apply to the Commissioner for a direction under sub-paragraph (3) above.

(5)At the conclusion of the proceedings, and on any occasion when a direction is given under sub-paragraph (3) above, the Commissioner shall direct that the accused be delivered (at some convenient point of departure from Northern Ireland) into the custody of a member of the police force (Garda Síochána) in the Republic of Ireland.

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