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Service in State of process issued outside State.
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49.—(1) This section shall have effect where the Minister receives from the government of, or other authority in, a country or territory outside the State—
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(a) a summons or other process requiring a person to appear as defendant or attend as a witness in criminal proceedings in that country or territory, or
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(b) a document issued by a court exercising criminal jurisdiction in that country or territory and recording a decision of the court made in the exercise of that jurisdiction,
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together with a request for it to be served on a person in the State.
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(2) The Minister may cause the process or document to be served by post or, if the request is for personal service, direct the Commissioner of the Garda Síochána to cause it to be served personally on him.
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(3) Service by virtue of this section of any process such as is mentioned in subsection (1) (a) of this section shall not impose any obligation under the law of the State to comply with it.
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(4) The Minister shall not cause a summons or other process requiring a person to appear as defendant in criminal proceedings in another country or territory to be served under subsection (1) (a) of this section unless provision is made by the law of that country or territory or by arrangement with the appropriate authority thereof that, if the person concerned appears as defendant in compliance with the summons or process, he will not be proceeded against, sentenced, detained or otherwise restricted in his personal freedom in that country or territory in respect of any offences committed before his departure from the State other than the offences specified in the summons or process unless that person—
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(a) having had for a period of 15 consecutive days from the date of his final discharge in respect of the offences specified in the summons or process an opportunity to leave the country or territory concerned, has not done so, or
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(b) having left that country or territory, has returned to it.
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(5) The Minister shall not cause a summons or other process requiring a person to attend as a witness in criminal proceedings in another country or territory to be served under subsection (1) (a) of this section unless provision is made by the law of that country or territory or by arrangement with the appropriate authority thereof that, if the person concerned attends as a witness in compliance with the summons or process, he will not be proceeded against, sentenced, detained or otherwise restricted in his personal freedom in that country or territory in respect of any offences committed before his departure from the State unless that person—
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(a) having had for a period of 15 consecutive days from the date when his presence is no longer required as a witness in the proceedings concerned an opportunity to leave the country or territory concerned, has not done so, or
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(b) having left that country or territory, has returned to it.
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(6) Any such process served by virtue of this section shall be accompanied by a notice—
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(a) stating the effect of subsections (3), (4) and (5) of this section,
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(b) indicating that the person on whom it is served may wish to seek advice as to the possible consequences of his failing to comply with the process under the law of the country or territory where it was issued, and
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(c) indicating that under that law he may not, as a witness, be accorded the same rights and privileges as would be accorded to him in criminal proceedings in the State.
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(7) Where the Commissioner of the Garda Síochána is directed under this section to cause any summons, process or document to be served, he shall, after it has been served, forthwith inform the Minister when and how it was served and (if possible) furnish him with a receipt signed by the person on whom it was served; and if the Commissioner of the Garda Síochána has been unable to cause the summons, process or document to be served, he shall forthwith inform the Minister of that fact and of the reason.
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