SCHEDULES
SCHEDULE 4Examination of Witnesses Out of Court
PART IIExamination in Republic of Ireland to Assist Court in Northern Ireland
5
1
For the purposes of—
a
the trial in Northern Ireland of an extra-territorial offence, or
b
the hearing of an appeal under the [1968 c. 21.] Criminal Appeal (Northern Ireland) Act 1968 concerning an extra-territorial offence,
the court of trial, or as the case may be the court entertaining the appeal, may issue a letter of request for the taking of evidence by a judge of the High Court in the Republic of Ireland from a witness specified in the letter of request.
The letter of request shall be addressed to the Chief Justice.
2
If the prosecutor or the accused applies to the court of trial for the issue of a letter of request under this paragraph, the court shall comply with the application unless satisfied that it is not in the interests of justice.
3
Where the court issues a letter of request, the court shall inform the accused that he has, in accordance with the law of the Republic of Ireland corresponding to paragraph 4(1) of this Schedule, a right to attend the examination of the witness in the Republic of Ireland and the other rights specified in the said paragraph 4(1).
4
If the accused exercises his right to attend the examination of fee witness, the court shall issue an order directing—
a
that the accused be delivered (at some convenient point of departure from Northern Ireland) into the custody of a member of the police force (Garda Siochána) in the Republic of Ireland, and
b
that he be kept in custody in Northern Ireland until so delivered.
5
If the accused is serving a sentence imposed for any other offence, the order of the court shall be carried out notwithstanding the sentence, and the time spent by the accused as directed by the court shall count towards service of the sentence.
6
Where, under an enactment of the law of the Republic of Ireland corresponding to paragraph 4(3) of this Schedule, a Commissioner in the Republic of Ireland authorises the accused to return temporarily to Northern Ireland, the court shall issue any further order required under sub-paragraph (4) above in order to deal with the accused when he is again to go to the Republic of Ireland.