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Administration of Justice Act 1960

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This is the original version (as it was originally enacted).

Section sixteen

(1)For any reference to a court of quarter sessions there shall be substituted a reference to a county court.

(2)In subsection (2), the words from " but in computing " to the end shall be omitted.

(3)At the end of the section there shall be added the following subsections :—

(4)The High Court or a judge thereof may release from custody a person who has been convicted or sentenced by a magistrates' court and has applied to the High Court for a writ of certiorari to remove the proceedings of the magistrates' court into the High Court on his entering into a recognizance, with or without sureties, conditioned for his appearance, within ten days after the judgment of the High Court shall have been given, unless the conviction or sentence is quashed by that judgment.

(5)The time during which a person is admitted to bail under this section shall not count as any term of imprisonment or detention under his sentence, and any sentence of imprisonment or detention imposed by a magistrates' court or, on appeal, by a county court after the imposition of which a person is so admitted to bail shall be deemed to begin to run or to be resumed as from the date on which he is received under the sentence in the prison or other place where he is to be detained.

(6)Without prejudice to the power to make rules of court under section sixty-one of the Supreme Court of Judicature Act (Ireland), 1877, any such rules may prescribe the persons before whom and the manner in which a recognizance under subsection (4) of this section shall be entered into by a person applying for a writ of certiorari and the manner in which such a recognizance may be enforced and may authorise the recommittal of persons so applying.

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