Seanad debates
Tuesday, 27 May 2003
Criminal Justice (Illicit Traffic by Sea) Bill 2000: Second Stage.
In compliance with the requirements, as set out in section 9, and before committing the person, the court will inform him or her that he or she will not be surrendered, except with his or her consent, before 15 days have elapsed. He or she will also be informed of the provisions of Article 40.4. 2o of the Constitution relating to the making of a complaint to the High Court that a person is unlawfully detained. A person committed to await surrender may be released as a result of a successful application under Article 40.4.2o of the Constitution, as a result of an appeal on a point of law to the Supreme Court or if the surrender and conveyance out of the State of the person is unduly delayed, as indicated in section 20. In the absence of any such request for surrender being received within 18 days of the arrest of the person, the Minister, in accordance with section 21, must order his or her release without prejudice, however, to proceedings being taken in the State against the person for the drug trafficking offence in question.
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