Backing of Warrants (Republic of Ireland) Act 1965 (repealed)
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Change 1
3 Review of orders of magistrates’ courts.
(1) Where an order is made by a magistrates’ court under section 2(1) of this Act in respect of any person— (a) he shall not be delivered up under the order until the expiration of the period of fifteen days beginning with the date on which the order is made, unless he gives notice in the prescribed manner that he consents to his earlier removal; (b) if within that period an application is made by him or on his behalf for a writ of habeas corpus ad subjiciendum or, in the case of an order made in Scotland, an application for review is made by him under subsection (2) of this section, he shall not be so delivered up while proceedings on the application are pending; and the magistrates’ court shall inform him that he will not be delivered up under the order during the said period of fifteen days unless he gives notice as aforesaid, and that he has the right to apply for a writ of habeas corpus ad subjiciendum or, as the case may be, to make an application for review under subsection (2) of this section. (2) An order made under section 2(1) of this Act by a court in Scotland may be reviewed by the High Court of Justiciary, in the same manner as an appeal against a summary conviction. (3) For the purposes of this section proceedings on an application for a writ of habeas corpus ad subjiciendum shall be treated as pending until any appeal in those proceedings is disposed of; and an appeal shall be treated as disposed of at the expiration of the time within which the appeal may be brought or, where leave to appeal is required, within which the application for leave may be made, if not brought or made within that time.
3 Review of orders of magistrates’ courts.
(1) Where an order is made by a magistrates’ court under section 2(1) of this Act in respect of any person— (a) he shall not be delivered up under the order until the expiration of the period of fifteen days beginning with the date on which the order is made, unless he gives notice in the prescribed manner that he consents to his earlier removal; (b) if within that period an application is made by him or on his behalf for a writ of habeas corpus ad subjiciendum or, in the case of an order made in Scotland, an application for review is made by him under subsection (2) of this section, he shall not be so delivered up while proceedings on the application are pending; and the magistrates’ court shall inform him that he will not be delivered up under the order during the said period of fifteen days unless he gives notice as aforesaid, and that he has the right to apply for a writ of habeas corpus ad subjiciendum or, as the case may be, to make an application for review under subsection (2) of this section. (2) An order made under section 2(1) of this Act by a court in Scotland may be reviewed by the High Court of Justiciary, in the same manner as an appeal against a summary conviction. (3) For the purposes of this section proceedings on an application for a writ of habeas corpus ad subjiciendum shall be treated as pending until any appeal in those proceedings is disposed of; and an appeal shall be treated as disposed of at the expiration of the time within which the appeal may be brought or, where leave to appeal is required, within which the application for leave may be made, if not brought or made within that time.
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