Extradition (Amendment) Act, 1994

Amendment of section 49 of Principal Act.

13.—Section 49 (provisional warrants) of the Principal Act shall be amended as follows:

(a) the following paragraph shall be substituted for paragraph (c) of subsection (1):

“(c) that he has reason to believe that the person may be found in the State or may intend to enter the State,”,

and

(b) the following subsections shall be substituted for subsections (5), (6) and (8):

“(5) If there is produced to the judge of the District Court assigned to the Dublin Metropolitan District the warrant issued for his arrest in a place in relation to which this Part applies, endorsed in accordance with section 43, the judge shall proceed as if he had been arrested at that time under that warrant.

(6) In any other case, the judge of the District Court assigned to the Dublin Metropolitan District may remand him in custody for not more than 7 days.

(8) (a) A provisional warrant may be executed by any member of the Garda Síochána in any part of the State and may be so executed notwithstanding that it is not in the possession of the member at the time; and the warrant shall be shown to, and a copy of same given to, the person arrested at the time of such arrest or, if the warrant is not then in the possession of the member, within 24 hours thereafter.

(b) A provisional warrant shall not be authority for the making of an arrest more than 7 days after the date of its issue.”.