Criminal Justice (Illicit Traffic by Sea) Act 2003
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Committal or release of arrested person. |
9.—(1) Where a person who has been remanded under section 6 is before the High Court and the Court is satisfied that | |
(a) a request under the Agreement for the surrender of the person has been duly made, and | ||
(b) the original or a certified copy of a warrant for the arrest of the person, or other order having the same effect, issued by a judicial authority of the requesting Convention state has been produced, | ||
the Court shall make an order committing the person to prison (or, if he or she is not more than 21 years of age, to a remand institution) there to await the order of the Minister for his or her surrender. | ||
(2) The Court on making the order shall— | ||
(a) inform the person to whom it relates that he or she will not be surrendered, except with his or her consent, until the expiry of 15 days after the committal date. | ||
(b) inform the person of the provisions of section 4.2° of Article 40 of the Constitution (which relates to the making of a complaint to the Court by or on behalf of any person alleging that that person is unlawfully detained), | ||
(c) inform the person that he or she may, if not surrendered, be liable to proceedings in the State arising out of the circumstances which led to or followed the arrest, and | ||
(d) cause a certificate of the committal to be sent forthwith to the Minister. | ||
(3) Where the person referred to in subsection (1) is not committed under that subsection, the Court shall order that he or she shall be released. | ||
(4) No appeal shall lie against an order of the High Court under this section other than an appeal on a point of law to the Supreme Court. | ||
(5) Sections 10 and 11 of the Criminal Justice Act 1960 shall apply to a person committed to a remand institution under this section. |