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Rules of the Superior Courts

Appendix: AA

European Arrest Warrant Act 2003, Extradition Acts 1965 to 2001, International Criminal Court Act 2006, Part 3 : S.I. No. 23 of 2005
[as amended by S.I. No. 117 of 2013]


Forms:
No. 1 ¦ No. 2 ¦ No. 3 ¦ No. 4 ¦ No. 5 ¦ No. 6 ¦ No. 7 ¦ No. 8 ¦ No. 9 ¦ No. 10 ¦ No. 11 ¦ No. 12 ¦ No. 13 ¦ No. 14 ¦ No. 15 ¦ No. 16 ¦ No. 17 ¦ No. 18

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No. 1


O. 98, r. 3(3)

COMMITAL WARRANT

THE HIGH COURT

European Arrest Warrant Act 2003

Pursuant to an order of the High Court dated the .... day of ....... 2..


WHEREAS a person named ………. [also known as]*…… ………

of ……………………..

was before me, a Judge of the High Court, in pursuance of the above mentioned Act, he/she being the person named or described in a European arrest warrant dated the day of 2

AND WHEREAS the hearing of the proceedings under the said Act has been adjourned to the sitting of the High Court to be held at

on the .... day of ...... at ... a.m./p.m.

THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the said ........... in the [prison]* [remand institution, he/she being not more than twenty-one years of age]* at …………………. there to be detained by the [Governor]* [person in charge]* thereof until the above time of adjournment when you shall have him/her at the said sitting to be further dealt with according to law

AND it shall be lawful for you to lodge the said ………………… forthwith in the Garda Síochána station at …………….. in the custody of the member of the Garda Síochána in charge of such station to be there detained for a period not exceeding forty-eight hours.

Dated this .... day of ...... 2 .....

Signed …………………

Judge of the High Court

To the Superintendent of the Garda Síochána,

at ……………………

and the Governor of

* Delete if not applicable


O. 98, r. 4

CONSENT TO BE SURRENDERED

THE HIGH COURT

Section 15 of the European Arrest Warrant Act 2003


I, …………… [also known as* … of …………

HAVING BEEN BROUGHT BEFORE THE HIGH COURT in pursuance of the above mentioned Act on the .... day of ......... 2 .... and

HAVING BEEN INFORMED by the Court that I would not be surrendered, except with my consent, until the expiration of ten days from the date of my committal,

HAVING obtained, or been given the opportunity of obtaining or being provided with professional legal advice and representation

AND HAVING ALSO BEEN INFORMED of my right to make a complaint under the provisions of Article 40.4.2 of the Constitution at any time before my surrender to the issuing State

and being aware of the consequences of my consenting to surrender

DO NOW HEREBY CONSENT TO BE SURRENDERED to the State of .......... (the issuing State).

Signed ………………….

The above was given before

M ....... Justice .......... at

This ..... day of ..... 2 ......

Signed …………………

Registrar

* Delete if not applicable


O. 98, r. 10

WARRANT OF ARREST

THE HIGH COURT

SECTION 26(1)(B) OF THE EXTRADITION ACT 1965*

day the ....... day of ..... 2


BEFORE MR/MS JUSTICE

WHEREAS there has been produced to a Judge of the High Court, a certificate of the Minister for Justice, Equality and Law Reform under section 26(1)(a) of Extradition Act 1965 (as substituted by section 7 of the Extradition (Amendment) Act 1994) stating that a request has been made in accordance with Part II of the Extradition Act 1965 for the extradition of ……………… [also known as]* …………… of ……………………………… [who has been convicted]**

[for whom a warrant of arrest or other order having the same effect has been issued]**

for that (s)he did [insert particulars of conviction or offence]

THIS IS TO COMMAND any member of the Garda Síochána to arrest the said .................. and in accordance with the provisions of section 26(5) of the Extradition Act 1965 (as substituted by section 7 of the Extradition (Amendment) Act 1994) to bring him/her as soon as may be before a Judge of the High Court.

Dated this .... day of ....... 2.......

Signed …………………

Judge of the High Court

To the Superintendent of the Garda Síochána

at ………………………

and the Governor of

* References in this form to the Extradition Act 1965 are to that Act as amended.

** Delete if not applicable


O.98, r.11

INFORMATION

(provisional arrest)

THE HIGH COURT

Section 27 (1) of the Extradition Act, 1965*


THE INFORMATION OF ………... OF ............ who says on oath:-

I am a member of the Garda Síochána not below the rank of inspector.

A request, which I now produce, for the provisional arrest of ........... [also known as] ** .......... of ......... has been made on the ground of urgency on behalf of ................................ a country in relation to which Part II of the above-mentioned Act applies.

I therefore apply under section 27 (1) of the said Act (as substituted by section 8 of the Extradition (Amendment) Act, 1994) for the issue of a warrant for the arrest of the said ...........

Signed ............

Informant

SWORN before me this ..... day of ..... 2 ..... .

Signed ..........

Judge of the High Court

* References in this form to the Extradition Act 1965 are to that Act as amended.

** Delete if not applicable


O. 98, r. 12

THE HIGH COURT

WARRANT OF ARREST

(provisional arrest)

Section 27(1) of the Extradition Act 1965*

day the ... day of ..... 2


BEFORE MR/MS JUSTICE

WHEREAS an information on oath and in writing has on this day been sworn before a Judge of the High Court under section 27(1) of the Extradition Act 1965 (as substituted by section 8 of the Extradition (Amendment) Act 1994) by ……….. of ……………a member of the Garda Síochána not below the rank of inspector, stating that a request for the provisional arrest of …… [also known as]** ……… of ……….. has been made on the ground of urgency by ……… a country in relation to which Part II of the Extradition Act 1965 applies.

WHEREAS no certificate of the Minister for Justice, Equality and Law Reform under section 26(1)(a) of Extradition Act 1965 (as substituted by section 7 of the Extradition (Amendment) Act 1994) has been produced to such Judge of the High Court.

WHEREAS the said request for provisional arrest, which has been produced to such Judge of the High Court by the said member, states that the original or an authenticated copy of

[a conviction and sentence or detention order immediately enforceable]**

[a warrant of arrest or other order having the same effect and issued in accordance with the procedure laid down in the law of the requesting country]**

exists in respect of the said ........... and that it is intended to send a request for his/her extradition for that he/she did [insert particulars of conviction or offence]

AND THE COURT BEING SATISFIED that the request for provisional arrest complies with the requirements of section 27 of the Extradition Act 1965.

THIS IS TO COMMAND any member of the Garda Síochána to arrest the said .......... and in accordance with the provisions of section 27(6) of the Extradition Act 1965 to bring him/her as soon as may be before a Judge of the High Court.

Dated this .... day of ..... 2 ..... .

By the Court ………………

Judge of the High Court

To: the Superintendent of the Garda Síochána

at ………………

* References in this form to the Extradition Act 1965 are to that Act as amended.

** Delete if not applicable


O. 98, r. 13

NOTICE OF ISSUE OF WARRANT (PROVISIONAL ARREST)

Section 27 (5) of the Extradition Act, 1965 *

THE HIGH COURT


TO THE MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM

I wish to inform you that a warrant of arrest (provisional arrest) under section 27 of the above-mentioned Act (as substituted by section 8 of the Extradition (Amendment) Act, 1994) has on this day been issued by me for ........... [also known as]** .......... of ............

A copy of the warrant is attached hereto.

Dated this ..... day of ....... 2 ....

Signed ......................

Judge Of The High Court

To the Minister for Justice, Equality and Law Reform

Department of Justice, Equality and Law Reform

[Address]

* References in this form to the Extradition Act 1965 are to that Act as amended.

** Delete if not applicable


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S.I. No. 117 of 2013


No. 7


O. 98, r. 14

COMMITTAL WARRANT

(Remand pending production of certificate of the Minister)

THE HIGH COURT

Section 27(6) of The Extradition Act, 1965 *


WHEREAS a person named ............... [also known as]** ............. of ............... was this day before me, a Judge of the High Court, at a sitting of the Court, he/she having been arrested on a warrant dated the .... day of ..... 2 ... and issued under section 27 (1) of the above-mentioned Act (as substituted by section 8 of the Extradition (Amendment) Act, 1994) in consequence of a request made on the ground of urgency on behalf of ............... a country in relation to which Part II of the said Act of 1965 applies, stating that

[a conviction and sentence or detention order]**

[ a warrant of arrest or other order having the same effect]**

exists in respect of the said .............

for that he/she did [insert particulars of conviction or offence]

AND WHEREAS I did remand the said ........................... in custody under section 27 (6) of the said Act of 1965 (as substituted by section 8 of the Act of 1994) to a sitting of the High Court on the ..... day of .... 2.... at a.m./p.m. (being a time within the period of eighteen days after his/her arrest pending the production of a certificate of the Minister for Justice under section 26 (1) (a) of the said Act of 1965 (as substituted by section 7 of the Act of 1994) stating that the request for extradition has been duly made or the release of that person under section 35 of the said Act of 1965,

THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the said in the [prison]** [remand institution, he being not more than twenty-one years of age]** at .............................. there to be detained by the [Governor]** [person in charge]** thereof until the date of the said sitting when you shall have him/her at such sitting to be further dealt with according to law.

Dated this ..... day of ..... 2....

Signed .........................

Judge of the High Court

To the Superintendent of the Garda Síochána,

at .................

* References in this form to the Extradition Act 1965 are to that Act as amended.

** Delete if not applicable


O. 98, r. 15

COMMITAL WARRANT

(to await the order of the Minister)

THE HIGH COURT

Section 29(1) of the Extradition Act 1965*


Pursuant to an order of the High Court dated the ..... day of ........ 20....

WHEREAS a person named ……….… [also known as]** …………… of ...…..

was before me, a Judge of the High Court, in pursuance of the Extradition Act 1965, he/she having been arrested on a warrant dated the .... day of ..... 20.... issued under [section 26]** [section 27]** of the Extradition Act 1965.

AND THE COURT BEING SATISFIED that-

(a) the extradition of that person has been duly requested by ............. a country in relation to which Part II of the Extradition Act 1965 applies;

(b) a conviction and sentence or detention order**

a warrant of arrest or other order having the same effect**

exists in respect of the said ........ for that he/she did [insert particulars of conviction or offence]

(c) the extradition of the said ........ is not prohibited by Part II of the Extradition Act 1965 or by the relevant extradition provisions, and

(d) the documents required to support a request for extradition under section 25 of the Extradition Act 1965 have been produced to the Court,

And the said ............. having been informed by the Court on the making of this order that he/she would not be surrendered, except with his/her consent, until after the expiration of fifteen days from the date of his/her committal, and also of the provisions of Article 40.4.2 of the Constitution (which relates to the making of a complaint to the High Court by or on behalf of any person alleging that that person is unlawfully detained),

THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the said ................ in the [prison]** [remand institution]**, he/she being not more than twenty-one years of age) at ……….. there to be detained by the [Governor] ** [person in charge] ** thereof until the Minister for Justice, Equality and Law Reform shall otherwise order in accordance with Part II of the Extradition Act 1965 or the High Court or the Supreme Court shall order his/her release.

Dated this .... day of ....... 20......

By the Court ………

Judge of the High Court

To the Superintendent of the Garda Síochána

at ……………

and the Governor of

* References in this form to the Extradition Act 1965 are to that Act as amended.

** Delete if not applicable


Order 98.R.16

CERTIFICATE OF COMMITTAL

(to the Minister for Justice, Equality and Law Reform)

THE HIGH COURT

Section 29(3)(b) of the Extradition Act, 1965*


I hereby certify that at a sitting of the Court held today a committal warrant (to await the order of the Minister) was made by me under section 29 (1) of the above-mentioned Act in respect of .................... [also known as]** .................. of .................. who was before the Court on a warrant issued under [section 26]** [section 27]** of that Act. A copy of the said committal warrant is attached.

Dated this .... day of ..... 2....

Signed ......................

Judge of the High Court

To the Minister for Justice, Equality and Law Reform

Department of Justice, Equality and Law Reform

[Address]

* References in this form to the Extradition Act 1965 are to that Act as amended.

** Delete if not applicable


O. 98, r. 17(1)

CONSENT TO BE SURRENDERED

)

THE HIGH COURT

In the matter of section 31 of the Extradition Act 1965 *


I, ……… [also known as]** …………… of ………….

*HAVING BEEN BROUGHT BEFORE THE HIGH COURT under *section 26 *section 27 of the Extradition Act 1965 on the ..... day of ........... 20..... and

HAVING BEEN INFORMED by the Court that I would not be surrendered, except with my consent, until the expiration of fifteen days from the date of my committal,

AND HAVING ALSO BEEN INFORMED of my right to make a complaint under the provisions of Article 40.4.2 of the Constitution at any time before my surrender to the requesting State

and being aware of the consequences of my consenting to surrender

DO NOW HEREBY CONSENT TO BE SURRENDERED to the State of ............ (the requesting State).

Signed …………….

The above was given before

M ... Justice

at

This ..... day of .............. 20....

Signed …………………

Registrar

* References in this form to the Extradition Act 1965 are to that Act as amended.

** Delete if not applicable


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No. 11

O. 98, r. 17(2)

CONSENT TO BE SURRENDERED

THE HIGH COURT

Section 29A of the Extradition Act 1965*


I, ……… [also known as]** ……………… of …..…….

HAVING BEEN BROUGHT BEFORE THE HIGH COURT under [section 26]** [section 27]** of the Extradition Act 1965 pursuant to a request from the State of ........... on the ..... day of ........... 20....

AND HAVING ALSO BEEN INFORMED of my right to make a complaint under the provisions of Article 40.4.2 of the Constitution at any time before my surrender to the requesting State

AND BEING AWARE OF THE CONSEQUENCES OF MY CONSENTING TO SURRENDER

DO NOW HEREBY CONSENT TO BE SURRENDERED to the State of ............

Signed ………………….

The above was given before

M .... Justice

at

This ..... day of ......... 2.....

Signed …………………

Registrar

Copy to: The Minister for Justice, Equality & Law Reform

............. [Address]

*References in this form to the Extradition Act 1965 are to that Act as amended

** Delete if not applicable


O. 98, r. 17(2)

CONSENT TO WAIVER OF RULE OF SPECIALTY

THE HIGH COURT

Section 20A(1) of the Extradition Act 1965*


I, ………… [also known as]** …………… of …………..

HAVING CONSENTED TO BE SURRENDERED to the State of ........... (the requesting State)

DO NOW HEREBY CONSENT to the Minister for Justice, Equality & Law Reform giving his consent under and for the purposes of section 20(1)(a)(i) of the Extradition Act 1965 to my extradition to the State of ....... being aware of the consequences of my so consenting.

Signed ………….

The above was given before

M ... Justice

at

This .... day of ......... 2 ....

Signed ……………

Registrar

*References in this form to the Extradition Act 1965 are to that Act as amended

** Delete if not applicable


O.98, r. 17(3)

THE HIGH COURT

Section 29A(4) of the Extradition Act 1965*


IT IS HEREBY RECORDED that

……………………………… [also known as]** …………………. of ………………………..

having been brought before the High Court under [section 26]** [section 27]** of the Extradition Act 1965, on the .... day of ...... 20.... , pursuant to a request from the State of ....... did on the .... day of ..... 2... consent to be surrendered to that State.

Dated this .... day of .... 2....

Signed:..………………

Judge of the High Court

To the Minister for Justice, Equality and Law Reform

Department of Justice, Equality and Law Reform

[Address]

*References in this form to the Extradition Act 1965 are to that Act as amended

** Delete if not applicable


-----------------------------
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S.I. No. 117 of 2013

No. 14


O. 98, r. 19. (1)

THE HIGH COURT

WARRANT OF ARREST

International Criminal Court Act 2006, section 20


....... day the ...... day of ....... 20..

BEFORE MR/MS JUSTICE ................

WHEREAS there have been produced to me, a Judge of the High Court-

a certificate of the Minister for Justice and Equality under section 19 of the International Criminal Court Act 2006 stating that a request has been duly made by the International Criminal Court for the arrest and surrender of .........[also known as] .............. of ..........

copies of the said request made by the International Criminal Court, of the accompanying documents *[and of other related documents]

THIS IS TO COMMAND any member of the Garda Síochána to arrest the said ........... and in accordance with the provisions of section 20 to bring him/her as soon as may be before a Judge of the High Court.

Dated this .......... day of ........... 20......

Signed .................

Judge of the High Court

To the Commissioner of the Garda Síochána, at ...................

*and the Governor of .................

*Delete if not applicable


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S.I. No. 117 of 2013

No. 15


O.98, r. 20(1)

THE HIGH COURT

INFORMATION

(provisional arrest)

International Criminal Court Act 2006, section 22


THE INFORMATION of ............... of ................ who says on oath:

I am a member of the Garda Síochána not below the rank of inspector.

I have reason to believe—

(a) that the International Criminal Court has made a request under Article 92 of the Rome Statute of the International Criminal Court for the provisional arrest of a person, namely, ............ *[also known as ............] of ............... on grounds of urgency,

(b) that the said .................. *[is in the State, at ...............] *[is on the way to the State]

(c) that the said ...............—

*[is accused or suspected by the International Criminal Court of having committed *[an ICC offence, within the meaning of section 9(1) of the International Criminal Court Act 2006] *[an offence under section 11(1)(a) of the International Criminal Court Act 2006], namely .............,]

*[has been convicted by the International Criminal Court of *[an ICC offence, within the meaning of section 9(1) of the International Criminal Court Act 2006] *[an offence under section 11(1)(a) of the International Criminal Court Act 2006], namely..............]

and

(d) that a request for the arrest and surrender of the said ...... will be duly made.

My reasons for so believing are the following:

.....................

.....................

I therefore apply under section 22(1) of the said Act for the issue of a provisional arrest warrant for the arrest of the said ...............

Signed ......................

Informant

SWORN before me this .... day of .... 20....

Signed ...............

Judge of the High Court

*Delete if not applicable


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S.I. No. 117 of 2013

No. 16


O.98, r. 20(2)

THE HIGH COURT

WARRANT OF PROVISIONAL ARREST

International Criminal Court Act 2006, section 22


....... day the ....... day of ......... 20.....

BEFORE MR/MS JUSTICE ................

WHEREAS on application by information on oath and in writing of .............. of ................, a member of the Garda Síochána not below the rank of inspector pursuant to section 22 of the International Criminal Court Act 2006 for the issue of a provisional arrest warrant in respect of a person namely, ........ *[also known as ............] of ..........

The Court being satisfied that said member has reason to believe-

(a) that the International Criminal Court has made a request under Article 92 of the Rome Statute of the International Criminal Court for the provisional arrest of the said person on grounds of urgency,

(b) that the said person is in, or on the way to, the State,

(c) that the said person-

*[is accused or suspected by the International Criminal Court of having committed *[an ICC offence, within the meaning of section 9(1) of the International Criminal Court Act 2006] *[an offence under section 11(1)(a) of the International Criminal Court Act 2006], namely ..............]

*[has been convicted by the International Criminal Court of *[an ICC offence, within the meaning of section 9(1) of the International Criminal Court Act 2006] *[an offence under section 11(1)(a) of the International Criminal Court Act 2006], namely .............], and

(d) that a request for the arrest and surrender of the said person will be duly made.

THIS IS TO COMMAND any member of the Garda Síochána to arrest the said .......... and in accordance with the provisions of section 22 of the International Criminal Court Act 2006 to bring him/her as soon as may be before a Judge of the High Court.

Dated this ...... day of ............ 20......

Signed ...................

Judge of the High Court

*Delete if not applicable


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S.I. No. 117 of 2013

No. 17


O.98, r. 20(4)

THE HIGH COURT

COMMITTAL WARRANT

(Remand in custody)

INTERNATIONAL CRIMINAL COURT ACT 2006


Pursuant to an order of the High Court dated the ........ day of .......... 20.....

WHEREAS a person named ............... *[also known as ..........] of ......... was this day before me, a Judge of the High Court, in pursuance of the above mentioned Act, he/she being the person named or described in a request by the International Criminal Court in accordance with Articles 87, 89 and 91 of the Rome Statute of the International Criminal Court, done at Rome on 17 July 1998

AND WHEREAS the hearing of the proceedings under the said Act has been adjourned to the sitting of the High Court to be held at ............... on the ...... day of ............ 20..... at ....... a.m./p.m.

THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the said ......... in the *(prison) *(remand institution, he/she being not more that twenty-one years of age) at ......... there to be detained by the *(governor)*(person in charge) thereof until the above time of adjournment when you shall have him/her at the said sitting to be further dealt with according to law

AND it shall be lawful for you to lodge the said .............. forthwith in the Garda Síochána station at ............ in the custody of the member of the Garda Síochána in charge of such station to be there detained for a period not exceeding forty-eight hours.

Dated this ..... day of ......... 20......

Signed ................

Judge of the High Court

To the Superintendent of the Garda Síochána,

at ............

*Delete if not applicable


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S.I. No. 117 of 2013

No. 18


O.98, r. 21(1)

THE HIGH COURT

CONSENT TO BE SURRENDERED

International Criminal Court Act 2006, Section 29


I, ........... *[also known as ..........] of ..........

HAVING BEEN BROUGHT BEFORE THE HIGH COURT in pursuance of

the above mentioned Act on the ....... day of ........ 20..... and

HAVING obtained, or been given the opportunity of obtaining or being provided with professional legal advice and representation

AND HAVING ALSO BEEN INFORMED of my right to make a complaint under the provisions of Article 40.4.2 of the Constitution at any time before my surrender

VOLUNTARILY and in full awareness of the consequences of my consenting to surrender

DO NOW HEREBY CONSENT TO BE SURRENDERED to the custody of *[the International Criminal Court] *[the State of .............. (being the state of enforcement in relation to my conviction by the International Criminal Court)].

Signed .....................

[or]

.............. *[also known as ..........] of .............

HAVING BEEN BROUGHT BEFORE THE HIGH COURT in pursuance of the above mentioned Act on the ............ day of ........ 20..... and

HAVING obtained, or been given the opportunity of obtaining or being provided with professional legal advice and representation

AND HAVING ALSO BEEN INFORMED of his/her right to make a complaint under the provisions of Article 40.4.2 of the Constitution at any time before his/her surrender

AND by reason of a physical or mental condition, it being inappropriate for the said ........... to consent to his/her surrender

AND THE COURT BEING SATISFIED that I, the undersigned, am an appropriate person to give a consent for the said ...........

VOLUNTARILY and in full awareness of the consequences

I DO NOW HEREBY CONSENT FOR THE SAID ............ TO HIS/HER SURRENDER to the custody of *[the International Criminal Court] *[the State of ............ (being the state of enforcement in relation to my conviction by the International Criminal Court)].

Signed .....................

The above was given before

M... Justice ........ at ...........

This ....... day of ......... 20.....

Signed ............

Registrar

* Delete if not applicable


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