|
|
Amendment of section 27 of Principal Act.
|
8.—Section 27 (provisional arrest) of the Principal Act shall be amended—
|
|
| |
(a) by the substitution of the following subsection for subsection (1):
|
|
| |
“(1) A judge of the District Court may, without a certificate of the Minister under section 26 (1) (a), issue a warrant for the arrest of any person on the sworn information of a member of the Garda Síochána not below the rank of inspector that a request for the provisional arrest of that person has been made, on the ground of urgency, on behalf of a country in relation to which this Part applies and on being satisfied that the request complies with the requirements of this section.”,
|
|
| |
(b) by the substitution of the following subsections for subsections (6) and (7):
|
|
| |
“(6) A person arrested under a warrant issued under this section shall, unless the warrant is cancelled under subsection (5), be brought as soon as may be before a judge of the District Court assigned to the Dublin Metropolitan District and the judge shall remand the said person in custody pending the production of a certificate of the Minister under section 26 (1) (a) stating that the request for extradition has been duly made or the release of that person under section 35, and for this purpose, subject to section 7A (inserted by the Extradition (Amendment) Act, 1994), the judge shall have the same powers of remand as if that person were brought before him charged with an indictable offence.
|
|
| |
(7) If, within the period of 18 days after such person's arrest, no such certificate is produced, he shall be released.”,
|
|
| |
and
|
|
| |
(c) by the insertion of the following subsections after subsection (8):
|
|
| |
“(9) A warrant for the arrest of a person may be issued under subsection (1) notwithstanding that, previously—
|
|
| |
(a) a warrant for the arrest of that person has been issued, or
|
|
| |
(b) the issue of such a warrant has been refused.
|
|
| |
(10) Where an information is sworn by a member of the Garda Síochána not below the rank of inspector before a judge of the District Court stating that a request for the provisional arrest of a person has been made, on the ground of urgency, on behalf of a country in relation to which this Part applies, then, in any proceedings it shall be presumed, unless the contrary is proved, that a request for the provisional arrest of the person has been made on the ground of urgency on behalf of a country in relation to which this Part applies.
|
|
| |
(11) Where a person has been arrested under a warrant issued under this section and a certificate of the Minister under section 26 (1) (a) stating that a request for the extradition of the person has been duly made, has been produced to a judge of the District Court assigned to the Dublin Metropolitan District, then, in any proceedings it shall be presumed, unless the contrary is proved, that a request in accordance with this Part for the extradition of the person has been duly made and has been duly received by the Minister.”.
|
