Backing of Warrants (Republic of Ireland) Act 1965 (repealed)

5 Remand.S+N.I.

(1)Where under section 2(1) or 4(3) of this Act a magistrates’ court has power to remand a person, the court may—

(a)remand him in custody, that is to say, commit him for the period of the remand to prison or, in the case of a remand under section 4(3) of this Act, to the custody of a constable; or

[F1(b)remand him on bail, that is to say, direct him to surrender himself into the custody of the officer in charge of a specified police station at the time to be appointed by that officer and notified in writing to the person so remanded.]

(2)[F2The time to be appointed for the purposes of subsection (1) above by the officer and notified to the person so remanded] shall not be more than twenty-four hours before the time at which it appears to the officer in charge of the police station that the period of remand is likely to end.

(3)During the period between the surrender of a person as aforesaid and the end of the period of remand he shall be treated as if committed to the custody of a constable, but where it appears to the officer to whom he surrenders that the end of the period of remand will be unexpectedly delayed the officer shall [F3grant him bail subject to a duty to surrender himself into the custody of the officer in charge of the station specified under subsection (1) above at the time appointed by that officer and notified in writing to him; and subsection (2) above shall apply to the appointment of a time for the purposes of this subsection as it applies to the appointment of a time for the purposes of subsection (1) above]

(4)If F4. . . a person fails to surrender as aforesaid, the court by which he was remanded may [F4, without prejudice to the enforcement of the recognizance, ] issue a warrant in the prescribed form for his arrest; and on his arrest under the warrant subsection (3) of this section shall apply as if he had surrendered to the officer in charge of the police station specified [F5under subsection (1) above] but that officer shall not [F6grant him bail] as provided by that subsection unless he is satisfied that it is proper to do so.

A warrant issued under this subsection in any part of the United Kingdom shall be treated for the purposes of any enactment or rule of law relating to warrants of arrest as if it were a warrant for the arrest of a person charged with an offence committed in that part.

(5)The foregoing provisions of this section shall not apply to Scotland, but the following provisions shall apply—

(a)where under section 2(1) or section 4(3) of this Act a court has power to remand a person, the court may remand him either in custody or on bail, and if remanded on bail under the said section 2(1) it shall be made a condition of the bail bond that the person remanded shall surrender to the officer in charge of a specified police station at the time mentioned in a notice in writing to be served on him by or on behalf of that officer, but the time mentioned in a notice so served shall not be more than twenty-four hours before the time at which it appears to that officer that the period of remand is likely to end;

(b)where it appears to the officer to whom a person surrenders as aforesaid that the end of the period of remand under the said section 2(1) will be unexpectedly delayed he shall release that person on continued bail conditioned as provided in the foregoing paragraph;

(c)if a person remanded on bail fails to comply with the terms of the bail bond, the bail may be forfeited and the court which remanded him may grant warrant for his arrest, and a warrant so granted shall be treated for the purposes of any enactment or rule of law relating to warrants of arrest as if it were a warrant for the arrest of a person charged with an offence.