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CHAPTER 2SUMMARY PROCEDURE

PART VPROCEDURE IN SPECIAL SUMMARY PROCEEDINGS

Proceedings for the Execution of Irish Warrants

Interpretation

148.  In this rule and rules 149 to 152—

“the Act of 1965” means the Backing of Warrants (Republic of Ireland) Act 1965(1);

“judicial authority” means a court, judge or justice of a court, or peace commissioner;

“the Republic” means the Republic of Ireland.

Form of endorsement

149.—(1) The endorsement of a warrant for execution within any part of Scotland in terms of section 1 of the Act of 1965 shall be in the form set out in Form 81 of Schedule 1.

(2) A provisional warrant issued under section 4 of the Act of 1965 shall be in the form set out in Form 82 of Schedule 1.

(3) Where a person has been remanded in custody in terms of section 2(1) or section 4(3) of the Act of 1965, the order of court shall be endorsed by the court on the warrant and delivered to the prison governor to whose custody the person has been remanded.

(4) When a person who has been ordered to be delivered in accordance with section 2(1) of the Act of 1965 is remanded on bail, the bail order shall contain a condition requiring him to surrender at a specified police station at a time and date to be notified to him by or on behalf of the officer in charge of that station.

Notice of consent to early removal

150.—(1) A notice given under section 3(1)(a) of the Act of 1965 (consent to removal earlier than is otherwise permitted) shall be in the form set out in Form 83 of Schedule 1, and shall be signed in the presence of a sheriff, a justice of the peace or a sheriff clerk who shall also sign it.

(2) Any such notice given by a person who has been remanded in custody shall be delivered to the governor of the prison in which he is detained.

(3) If a person remanded on bail gives such notice, he shall deliver or send it to the clerk of the court which so remanded him.

Handing over of warrant of arrest

151.—(1) When a person has been ordered to be delivered in accordance with section 2(1) of the Act of 1965, the sheriff clerk when the person is remanded on bail, or the governor of the prison when the person is detained in custody, shall arrange for the warrant of arrest issued by a judicial authority in the Republic and endorsed in accordance with section 1 of that Act to be given to the member of the police force of the Republic into whose custody the person is delivered when the person is so delivered.

(2) When a person ordered to be delivered in accordance with section 2(1) of the Act of 1965 is remanded on bail, the sheriff clerk shall send a copy of the bail order to the police station at which the person is to surrender.

Certification of warrant

152.—(1) A document purporting to be a warrant issued by a judicial authority in the Republic shall, for the purpose of section 7(a) of the Act of 1965, be verified by a certificate purporting to be signed by a judicial authority, a clerk of a court or a member of the police force of the Republic and certifying that the document is a warrant and is issued by a court, judge or justice of a court or a peace commissioner.

(2) A document purporting to be a copy of a summons issued by a judicial authority in the Republic shall, for the purposes of the said section 7(a), be verified by a certificate purporting to be signed by a judicial authority, a clerk of a court or a member of the police force of the Republic and certifying that the document is a true copy of such a summons.

(3) A deposition purporting to have been made in the Republic, or affidavit or written statement purporting to have been sworn therein, shall, for the purposes of section 7(c) of the Act of 1965, be verified by a certificate purporting to be signed by the person before whom it was sworn and certifying that it was so sworn.