Backing of Warrants (Republic of Ireland) Act 1965 (repealed)

Section 2.

SCHEDULEU.K. Supplementary Provisions as to Proceedings under Section 2

Proceedings in England or WalesU.K.

1Paragraphs 2 to 4 of this Schedule shall apply to proceedings in England or Wales under section 2 of this Act.

F12The court shall consist of at least two justices and shall sit in open court in a petty-sessional court-house or an occasional court-house:

[F22ASection 15 of the Justices of the Peace Act 1997 (which exempts stipendiary magistrates from certain restrictions imposed by the Magistrates’ Courts Act 1980) shall apply as if paragraph 2 of this Schedule were contained in the Magistrates’ Courts Act 1980.]

3Subject to [F3paragraphs 2 and 2A]of this Schedule, the court shall have the like powers, including power to adjourn the case and meanwhile to remand the person arrested under the warrant either in custody or on bail, [F4as if the proceedings were the summary trial of an information against that person.].

4Without prejudice to the generality of paragraph 3 of this Schedule, [F5[F6section 1 of the M1Costs in Criminal Cases Act 1973 (award of costs by examining justices out of central funds)]][F5sections 16(1) and 17(1) of M2the Prosecution of Offences Act 1985] and [F7section 28 of the M3Legal Aid Act 1974] shall apply in relation to the proceedings as if the person arrested under the warrant were charged with an indictable offence on the prosecution of the constable on whose application the warrant was endorsed and, where the court discharges that person, as if it had determined not to commit for trial.

Proceedings in ScotlandU.K.

5Paragraph 6 of this Schedule shall apply to proceedings in Scotland under section 2 of this Act.

6The court shall have the like powers, including power to adjourn the case and meanwhile to remand the person arrested under the warrant either in custody or on bail, and the proceedings shall be conducted as nearly as may be in the like manner, as if the proceedings were summary proceedings in respect of an offence alleged to have been committed by that person; and the provisions of the [F8M4Legal Aid (Scotland) Act 1967] as respects such proceedings or any appellate proceedings following thereon shall apply accordingly to that person.

Proceedings in Northern IrelandU.K.

7Paragraphs 8 to 10 of this Schedule shall apply to proceedings in Northern Ireland under section 2 of this Act.

8The court shall consist of a resident magistrate sitting, in or out of petty sessions, in open court.

9Subject to paragraph 8 of this Schedule, the court shall have the like powers, including power to adjourn the case and meanwhile to remand the person arrested under the warrant either in custody or on bail, and the proceedings shall be conducted as nearly as may be in the like manner, as if the court were conducting the preliminary investigation of an indictable offence alleged to have been committed by that person.

10Without prejudice to the generality of paragraph 9 of this Schedule, [F9Article 28 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981]shall apply in relation to the proceedings as if the person arrested under the warrant were charged with an indictable offence on the prosecution of the constable on whose application the warrant was endorsed.