Backing of Warrants (Republic of Ireland) Act 1965

5 Remand

(1) Where under section 2(1) or 4(3) of this Act a magistrates' court has power to remand a person, the court may—

(a) 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

(b) remand him on bail, that is to say, take from him a recognizance, with or without sureties, conditioned as provided in subsection (2) of this section;

and may, instead of taking a recognizance in accordance with paragraph (b) of this subsection, fix the amount of the recognizance with a view to its being taken subsequently, and meanwhile commit him to the custody of a constable.

(2) A recognizance taken from a person under this section shall be conditioned for his 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 the officer in charge of the police station that the period of remand is likely to end.

(3) 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 release him on his entering into a recognizance, with or without sureties, conditioned as provided in subsection (2) of this section.

(4) If, in breach of a recognizance taken from him under this section, 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 in the recognisance, but that officer shall not release him 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.

(5) The foregoing provisions of this section shall not apply to Scotland, but the following provisions shall apply—

(a) 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;

(b) 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;

(c) 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.