PART IV

Miscellaneous

34. —(1) Where, on a question of law, a verdict in favour of an accused person is found by direction of the trial judge, the Attorney General may, without prejudice to the verdict in favour of the accused, refer the question of law to the Supreme Court for determination.

(2) The statement of the question to be referred to the Supreme Court shall be settled by the Attorney General after consultation with the judge by whom the direction was given and shall include any observations which the judge may wish to add.

(3) The Supreme Court shall assign counsel to argue in support of the decision.

35. — Section 52 of the Extradition Act, 1965 , is hereby amended by the insertion of the following subsection:

“(2A) A recognisance may be taken from a person under this section by the member of the Garda Síochána into whose custody he has been committed.”

36. —In order to remove doubts it is hereby declared that references to imprisonment in Part III of the Extradition Act, 1965 , whether in relation to the State or to any other place, include references to any form of lawful custody of the person affected.

37. —(1) For the purposes of Part III of the Extradition Act, 1965 —

(a) an offence punishable under the law of Scotland by death or by imprisonment for a maximum period of at least six months shall be treated as being an indictable offence and not also a summary offence if it is certified by a Procurator Fiscal that the offence is an indictable offence so punishable and that it will not be prosecuted summarily, and

(b) an offence punishable under the said law by such imprisonment shall be treated as being a summary offence if it is certified, as aforesaid, that it will be prosecuted cummarily and that it is so punishable.

(2) A certificate appearing to be given by a Procurator Fiscal may without further evidence—

(a) be accepted by the Commissioner of the Garda Síochána,

(b) be admitted in any proceedings, unless the court sees good reason to the contrary,

as evidence of the matters so certified.

(3) In this section “Procurator Fiscal” includes a Depute.

(4) This section shall be construed as one with Part III of the Extradition Act, 1965 .

38. —(1) This section applies in relation to the Channel Islands, namely, Jersey and the Bailiwick of Guernsey.

(2) For the purposes of Part III of the Extradition Act, 1965 , an offence punishable under the law of Jersey or of any part of the Bailiwick of Guernsey by death or by imprisonment for a maximum period of at least six months shall be treated as being an indictable offence and not also a summary offence if it is certified by the Attorney General for Jersey or Guernsey, as the case may be, that the offence is an indictable offence and that it is punishable by death or by such imprisonment.

(3) A certificate appearing to be given by the appropriate Attorney General may without further evidence—

(a) be accepted by the Commissioner of the Garda Síochána,

(b) be admitted in any proceedings, unless the court sees good reason to the contrary,

as evidence of the matters so certified.

(4) In this section “Attorney General” includes a person for the time being exercising the functions of that office.

(5) This section shall be construed as one with Part III of the Extradition Act 1965.