European Arrest Warrant

Table of Contents

EUROPEAN ARREST WARRANT ACT 2003

REVISED

Updated to 3 May 2023

AN ACT TO GIVE EFFECT TO COUNCIL FRAMEWORK DECISION OF 13 JUNE 20021 ON THE EUROPEAN ARREST WARRANT AND THE SURRENDER PROCEDURES BETWEEN MEMBER STATES; TO AMEND THE EXTRADITION ACT 1965 AND CERTAIN OTHER ENACTMENTS; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH. [28th December, 2003]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1
Application of Act extended (31.12.2020 at 11 p.m.) by European Arrest Warrant (Application to Third Countries) (United Kingdom) Order 2020 (S.I. No. 720 of 2020), in effect as per art. 1(2).

3. The provisions of the Act of 2003 that would, apart from section 2 of the European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (No. 30 of 2012) and orders made under subsection (2) of that section, apply only in relation to Member States shall apply in relation to the United Kingdom of Great Britain and Northern Ireland.

4. Without prejudice to the generality of Article 3, the provisions of the Act of 2003 referred to in that Article shall, in accordance with Article LAW.SURR.112 of the Agreement, apply in relation to a European arrest warrant that satisfies the following conditions:

(a) that the European arrest warrant has been issued by a judicial authority in the United Kingdom of Great Britain and Northern Ireland before 11.00 p.m. on the 31st day of December 2020, and

(b) that the person in respect of whom the European arrest warrant is issued has not been arrested for the purposes of the execution of the European arrest warrant before 11.00 p.m. on the 31st day of December 2020.

C2
Application of Act extended (15.09.2020) by European Arrest Warrant (Application to Third Countries) (Iceland and Norway) Order 2020 (S.I. No. 346 of 2020), art. 2.

2. The provisions of the European Arrest Warrant Act 2003 (No. 45 of 2003) that would, apart from section 2 of the European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (No. 30 of 2012) and this Order, apply only in relation to Member States shall apply in relation to Iceland and Norway.

C3
Application of Act restricted (20.12.2013) by European Communities Act 1972 (Interpretation and Translation in Criminal Proceedings) Regulations 2013 (S.I. No. 565 of 2013), reg. 10.

PART IV

Proceedings for the execution of a European arrest warrant

10. Notwithstanding the provisions of the European Arrest Warrant Act 2003 (as amended), Parts I, II and III of these Regulations shall apply with any necessary modifications in proceedings for the execution of a European arrest warrant.

Editorial Notes:

E1
Proceedings under Act included in definition of “relevant proceedings” (21.08.2020) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (13/2020), s. 22, S.I. No. 306 of 2020.

PART 1

Preliminary and General

Short title and commencement.

1.—(1) This Act may be cited as the European Arrest Warrant Act 2003.

(2) This Act comes into operation on 1 January 2004.

Interpretation.

2.—(1) In this Act, except where the context otherwise requires—

“Act of 1965” means the Extradition Act 1965;

“Act of 2001” means the Extradition (European Union Conventions) Act 2001;

F1[“alert” means an alert entered in the SIS for the arrest and surrender, on foot of a European arrest warrant, of the person named therein;]

“Central Authority in the State” shall be read in accordance with section 6;

F1[“Council Decision” means Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System;]

F2[“Council Framework Decision 2009/299/JHA” means Council Framework Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial,]

F3[“EU-Iceland Norway Agreement” means the Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway, done at Vienna on 28 June 20062, approved on behalf of the European Union by Council Decision of 27 November 20143;]

F4[“Eurojust” means the European Union Agency for Criminal Justice Cooperation established by Article 1 of Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 20181 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA, which replaced and succeeded Eurojust as established by the said Council Decision 2002/187/JHA2;]

“European arrest warrant” means a warrant, order or decision of a judicial authority of a F5[relevant Member State], issued under such laws as give effect to the Framework Decision in that F5[relevant Member State], for the arrest and surrender by the State to that F5[relevant Member State] of a person in respect of an offence committed or alleged to have been committed by him or her under the law of that F5[relevant Member State];

“European Communities” has the same meaning as it has in the European Communities Act 1972;

F6[…]

“Framework Decision” means Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between F5[relevant Member States], the text of which—

(a) in the Irish language, is set out in Part A of the Schedule, and

(b) in the English language, is set out in Part B of the Schedule;

“functions” includes powers and duties, and references to the performance of functions include, as respects powers and duties, references to the exercise of the powers and the carrying out of the duties;

F5[“issuing judicial authority” means, in relation to a relevant arrest warrant, the judicial authority in the issuing state that issued the relevant arrest warrant concerned;]

F5[“issuing state” means —

(a) in relation to a European arrest warrant, a relevant Member State designated under section 3, a judicial authority of which has issued that European arrest warrant,

(b) in relation to a Trade and Cooperation Agreement arrest warrant, the United Kingdom of Great Britain and Northern Ireland, a judicial authority of which has issued that warrant, and

(c) in relation to an arrest warrant within the meaning of the EU-Iceland Norway Agreement, the Republic of Iceland or the Kingdom of Norway, a judicial authority of which has issued that warrant;]

“judicial authority” means the judge, magistrate or other person authorised under the law of the Member State concerned to perform functions the same as or similar to those performed under section 33 by a court in the State;

F5[“Member State” means a relevant Member State of the European Communities (other than the State) and the United Kingdom of Great Britain and Northern Ireland, the Republic of Iceland and the Kingdom of Norway;]

“Minister” means the Minister for Justice, Equality and Law Reform;

F3[“relevant agreement” means

(a) in relation to a European arrest warrant, the Framework Decision,

(b) in relation to a Trade and Cooperation Agreement arrest warrant, the Trade and Cooperation Agreement, and

(c) in relation to an arrest warrant within the meaning of the EU-Iceland Norway Agreement, the EU-Iceland Norway Agreement;]

F3[“relevant arrest warrant” means—

(a) a European arrest warrant,

(b) a Trade and Cooperation Agreement arrest warrant, or

“relevant Member State” means a Member State, other than, subject to subsection (3), the United Kingdom of Great Britain and Northern Ireland, the Republic of Iceland and the Kingdom of Norway;]

F1[“Schengen Convention” means the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders done at Schengen on 19 June 1990 and includes any amendment to or modification of that Convention whether before or after the passing of this Act but does not include the Council Decision;

“SIS” means the system referred to in Title IV of the Schengen Convention or, as appropriate, the system established under Chapter 1 of the Council Decision;]

“third country” means a country other than the State or a Member State;

F3[“Trade and Cooperation Agreement” means the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, done at Brussels and London on 30 December 20201;

“Trade and Cooperation Agreement arrest warrant” means an arrest warrant within the meaning of Title VII of Part Three of the Trade and Cooperation Agreement;]

“true copy” shall be read in accordance with section 12(7).

(2) In this Act—

(a) a reference to a section, Part or Schedule is a reference to a section or Part of, or a Schedule to, this Act, unless it is indicated that a reference to some other enactment is intended,

(b) a reference to a subsection, paragraph or subparagraph is a reference to a subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended, and

(c) a reference to any enactment is a reference to that enactment as amended, extended or adapted, whether before or after the passing of this Act, by or under any subsequent enactment.

F7[(3) (a) In this Act, a reference to a European arrest warrant shall be construed as including a reference to a European arrest warrant that satisfies the following conditions:

(i) that the European arrest warrant has been issued by a judicial authority in the United Kingdom of Great Britain and Northern Ireland before 11.00 p.m. on the 31st day of December 2020, and

(ii) that the person in respect of whom the European arrest warrant is issued has been arrested for the purposes of the execution of the European arrest warrant before 11.00 p.m. on the 31st day of December 2020.

(b) Where paragraph (a) applies, a reference in this Act to a “relevant Member State” shall be construed as a reference to the United Kingdom of Great Britain and Northern Ireland.]

Annotations

Amendments:

F1
Inserted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 4(a), (b), (d), S.I. No. 330 of 2009.

F2
Inserted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 4, commenced on enactment

F3
Inserted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 3(a)(vi), in effect as per reg. 1(2).

F4
Substituted (12.12.2019) by European Union (Eurojust) Regulations 2019 (S.I. No. 637 of 2019), reg. 3, in effect as per reg. 1(2).

F5
Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 3(a)(i)-(v), in effect as per reg. 1(2).

F6
Deleted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 4(c), S.I. No. 330 of 2009.

F7
Inserted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 3(b), in effect as per reg. 1(2).

1 OJ No. L 444, 31.12.2020, p. 14

2 OJ No. L 292, 21.10.2006, p. 2

3 OJ No. 343, 28.11.2014, p. 1

Designated States.

3.—(1) For the purposes of this Act, the Minister for Foreign Affairs may, by order, designate a F8[relevant Member State] that has, under its national law, given effect to the Framework Decision.

(2) The Minister for Foreign Affairs may, by order, amend or revoke an order under this section, including an order under this subsection.

Annotations

Amendments:

F8
Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 4, in effect as per reg. 1(2).

Editorial Notes:

E2
Power pursuant to section exercised (31.12.2020 at 11 p.m.) by European Arrest Warrant Act 2003 (Designated Member States) (Amendment) Order 2020 (S.I. No. 719 of 2020), in effect as per art. 2.

E3
Power pursuant to section exercised (12.04.2014) by European Arrest Warrant Act 2003 (Designated Member States) Order 2014 (S.I. No. 84 of 2014).

E4
Power pursuant to section exercised (13.02.2007) by European Arrest Warrant Act 2003 (Designated Member States) (No. 2) Order 2007 (S.I. No. 59 of 2007).

E5
Power pursuant to section exercised (22.01.2007) by European Arrest Warrant Act 2003 (Designated Member States) Order 2007 (S.I. No. 18 of 2007).

E6
Power pursuant to section exercised (15.05.2005) by European Arrest Warrant Act 2003 (Designated Member States) (No. 2) Order 2005 (S.I. No. 240 of 2005).

E7
Power pursuant to section exercised (25.01.2005) by European Arrest Warrant Act 2003 (Designated Member States) Order 2005 (S.I. No. 27 of 2005).

E8
Power pursuant to section exercised (31.08.2004) by European Arrest Warrant Act 2003 (Designated Member States) (No. 6) Order 2004 (S.I. No. 532 of 2004).

E9
Power pursuant to section exercised (21.07.2004) by European Arrest Warrant Act 2003 (Designated Member States) (No. 5) Order 2004 (S.I. No. 449 of 2004).

E10
Power pursuant to section exercised (24.06.2004) by European Arrest Warrant Act 2003 (Designated Member States) (No. 4) Order 2004 (S.I. No. 400 of 2004).

E11
Power pursuant to section exercised (5.05.2004) by European Arrest Warrant Act 2003 (Designated Member States) (No. 3) Order 2004 (S.I. No. 206 of 2004).

E12
Power pursuant to section exercised (2.04.2004) by European Arrest Warrant Act 2003 (Designated Member States) (No. 2) Order 2004 (S.I. No. 130 of 2004).

E13
Power pursuant to section exercised (1.01.2004) by European Arrest Warrant Act 2003 (Designated Member States) Order 2004 (S.I. No. 4 of 2004).

Application of Act.

4.—(1) F9[This] Act shall apply in relation to an offence, whether committed or alleged to have been committed before or after the commencement of this Act.

(2) F10[…]

(3) F10[…]

Annotations

Amendments:

F9
Substituted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009) s. 5(a), S.I. No. 330 of 2009.

F10
Deleted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 5(b), S.I. No. 330 of 2009.

F11[

Issuing state presumed to comply with Framework Decision.

4A.—It shall be presumed that an issuing state will comply with the requirements of F12[the relevant agreement], unless the contrary is shown.]

Annotations

Amendments:

F11
Inserted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 69, commenced on enactment, subject to transitional provision in s. 68.

F12
Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 5, in effect as per reg. 1(2).

Editorial Notes:

E14
The section heading is taken from the amending section in the absence of one included in the amendment.

Corresponding offences.

F13[5.—For the purposes of this Act, an offence specified in a F14[relevant arrest warrant] corresponds to an offence under the law of the State, where the act or omission that constitutes the offence so specified would, if committed in the State on the date on which the F14[relevant arrest warrant] is issued, constitute an offence under the law of the State.]

Annotations

Amendments:

F13
Substituted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 5, commenced on enactment, subject to transitional provision in s. 68.

F14
Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 6, in effect as per reg. 1(2).

Central Authority in the State.

6.—(1) The Minister shall be the Central Authority in the State for the purposes of this Act.

(2) The Minister may, by order, designate such persons as he or she considers appropriate to perform such functions of the Central Authority in the State as are specified in the order and different persons may be so designated to perform different functions of the Central Authority in the State.

(3) For so long as an order under subsection (2) remains in force, a reference in this Act to the Central Authority in the State shall, insofar as it relates to the performance of a function specified in the order, be construed as a reference to the person designated by the order to perform the function concerned.

(4) The Minister shall, by notice in writing, inform the General Secretariat of the Council of the European Union of the making of an order under this section and of the names of the persons designated under the order.

(5) The Minister may, by order, amend or revoke an order under this section (including an order under this subsection).

(6) The Central Authority in the State shall, in each year, prepare a report on the operation, in the preceding year, of Part 2, and shall cause copies of each such report to be laid before both Houses of the Oireachtas as soon as may be after it is so prepared.

Orders and regulations.

7.—Every order and regulation under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House sits after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to anything previously done thereunder.

Expenses.

8.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART 2

European Arrest Warrant

Chapter 1

European Arrest Warrant Received in State

Executing judicial authority in the State.

9.—For the purposes of F15[the relevant agreement], the High Court shall be the executing judicial authority in the State.

Annotations:

Amendments:

F15
Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 7, in effect as per reg. 1(2).

Obligation to surrender.

F16[10.—Where a judicial authority in an issuing state F17[…] issues a F18[relevant arrest warrant] in respect of a person—

(a) against whom that state intends to bring proceedings for an offence to which the F18[relevant arrest warrant] relates,

(b) who is the subject of proceedings in that state for an offence F19[in that state] to which the F18[relevant arrest warrant] relates,

(c) who has been convicted of, but not yet sentenced in respect of, an offence F20[in that state] to which the F18[relevant arrest warrant] relates, or

(d) on whom a sentence of imprisonment or detention has been imposed F20[in that state] in respect of an offence to which the F18[relevant arrest warrant] relates, F21[…]

(i) F21[…]

(ii) F21[…]

that person shall, F22[subject to and in accordance with the provisions of this Act, be arrested] and surrendered to the issuing state.]

Annotations

Amendments:

F16
Substituted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 71, commenced on enactment, subject to transitional provision in s. 68.

F17
Deleted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 6(a), S.I. No. 330 of 2009, art. 2.

F18
Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 8(a), in effect as per reg. 1(2).

F19
Inserted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 6(b), S.I. No. 330 of 2009, art. 2.

F20
Substituted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 6(c)(i), S.I. No. 330 of 2009).

F21
Deleted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 6(c)(ii), S.I. No. 330 of 2009, art. 2.

F22
Substituted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 5, commenced on enactment.

European arrest warrant.

11.—F24[(1) A relevant arrest warrant shall, in so far as is practicable – (a) in the case of a European arrest warrant, be in the form set out in the Annex to the Framework Decision as amended by Council Framework Decision 2009/299/JHA, (b) in the case of a Trade and Cooperation Agreement arrest warrant, be in the form set out in Annex Law-5 to the Trade and Cooperation Agreement, and (c) in the case of an arrest warrant within the meaning of the EU-Iceland Norway Agreement, be in the form set out in the Annex to the EU-Iceland Norway Agreement.]

F25[(1A) Subject to subsection (2A), a F24[relevant arrest warrant] shall specify—

(a) the name and the nationality of the person in respect of whom it is issued,

(b) the name of the judicial authority that issued the F24[relevant arrest warrant], and the address of its principal office,

(d) the offence to which the F24[relevant arrest warrant] relates, including the nature and classification under the law of the issuing state of the offence concerned,

(e) that a conviction, sentence or detention order is immediately enforceable against the person, or that a warrant for his or her arrest, or other order of a judicial authority in the issuing state having the same effect, has been issued in respect of F26[one of the offences to which the F24[relevant arrest warrant] relates,]

(f) the circumstances in which the offence was committed or is alleged to have been committed, including the time and place of its commission or alleged commission, and the degree of involvement or alleged degree of involvement of the person in the commission of the offence, and

(g) (i) the penalties to which that person would, if convicted of the offence specified in the F24[relevant arrest warrant], be liable,

(ii) where that person has been convicted of the offence specified in the F24[relevant arrest warrant] but has not yet been sentenced, the penalties to which he or she is liable in respect of the offence, or

(iii) where that person has been convicted of the offence specified in the F24[relevant arrest warrant] and a sentence has been imposed in respect thereof, the penalties of which that sentence consists.]

(2) Where it is not practicable for the F24[relevant arrest warrant] to be in the form referred to in subsection (1), it shall include such information, additional to the information specified in subsection F26[(1A)], as would be required to be provided were it in that form.

F26[(2A) If any of the information to which subsection (1A) (inserted by section 72(a) of the Criminal Justice (Terrorist Offences) Act 2005) refers is not specified in the F24[relevant arrest warrant], it may be specified in a separate document.]

(3) F27[…]

(4) For the avoidance of doubt, a F24[relevant arrest warrant] may be issued in respect of one or more than one offence.

Annotations

Amendments:

F23
Substituted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012, s. 6, commenced on enactment.

F24
Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 9(a)-(e), in effect as per reg. 1(2).

F25
Inserted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 72(a), (b), commenced on enactment, subject to transitional provision in s. 68.

F26
Substituted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 7(a)-(c), S.I. No. 330 of 2009.

F27
Deleted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 72(c), commenced on enactment, subject to transitional provision in s. 68.

Editorial Notes:

E15
Previous affecting provision: subs. (1) substituted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012, s. 6, commenced on enactment; substituted as per F-note above.

E16
Previous affecting provisions: subs. (1) substituted and subs. (2A) inserted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 72(a), (b), commenced on enactment; substituted as per E-note and F-note above.

Transmission of European arrest warrant.

12.—(1) A F28[relevant arrest warrant] shall be transmitted by, or on behalf of, the issuing judicial authority to the Central Authority in the State and, where the F28[relevant arrest warrant] is in a language other than the Irish language, the English language or such other language as the Minister may by order prescribe, a translation of the F28[relevant arrest warrant] into the Irish language or the English language shall be so transmitted with the F28[relevant arrest warrant].

(2) Such undertakings as are required to be given under this Act shall be transmitted by, or on behalf of, the F29[issuing judicial authority or the issuing state, as may be appropriate,] to the Central Authority in the State, and where any such undertaking is in a language other than the Irish language, the English language or such other languages as the Minister may by order prescribe, a translation of that undertaking into the Irish language or the English language shall be so transmitted with the undertaking.

(3) A F28[relevant arrest warrant], or an undertaking required to be given under this Act F30[or any other document to be transmitted for the purposes of this Act], may be transmitted to the Central Authority in the State by—

(a) delivering it to the Central Authority in the State, or

F31[(b) any means capable of producing a written record under conditions allowing the Central Authority in the State to establish its authenticity.]

F32[(3A) An undertaking required under this Act may be set out in the F28[relevant arrest warrant] or in a separate document.]

F33[(3B) The written record of a document that is transmitted in accordance with subsection (3)(b) shall be deemed to be the document that was transmitted.]

(4) F34[…]

(5) F34[…]

(6) F34[…]

F31[(7) For the purposes of this Act, a document shall be deemed to be a true copy of an original document if it has been certified as a true copy of the original document by—

(a) the issuing judicial authority, or

(b) an officer of the central authority of the issuing state.]

(8) In proceedings to which this Act applies, a document that purports to be—

(a) a F28[relevant arrest warrant] issued by a judicial authority in the issuing state,

(b) an undertaking required under this Act of F35[an issuing judicial authority or the issuing state, as may be appropriate,]

F36[(c) a document referred to in section 11(2A) (inserted by section 72(b) of the Criminal Justice (Terrorist Offences) Act 2005),]

(d) a true copy of such a document,

shall be received in evidence without further proof.

(9) In proceedings to which this Act applies, a document that purports to be a F37[…] true copy of a F28[relevant arrest warrant], undertaking or translation referred to in subsection (8) shall, unless the contrary is shown, be evidence of the F28[relevant arrest warrant], undertaking or translation concerned, as the case may be.

(10) The Minister may, for the purposes of ensuring the accuracy of documents transmitted in accordance with this section, make regulations prescribing—

(a) the procedures that shall be followed in connection with the transmission of documents in accordance with this section, and

(b) that such features as are specified in the regulations shall be present in any equipment being used in that connection.

F38[(11) In this section “F28[relevant arrest warrant]” includes a document referred to in section 11(2A) (inserted by section 72(b) of the Criminal Justice (Terrorist Offences) Act 2005).]

Annotations

Amendments:

F28
Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 10(a)-(f), in effect as per reg. 1(2).

F29
Substituted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 73(a), commenced on enactment, subject to transitional provision in s. 68.

F30
Inserted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 8(a)(i), S.I. No. 330 of 2009, art. 2.

F31
Substituted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 8(a)(ii), (c), S.I. No. 330 of 2009, art. 2.

F32
Inserted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 73(b), commenced on enactment, subject to transitional provision in s. 68.

F33
Inserted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 7, commenced on enactment.

F34
Deleted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 8(b), S.I. No. 330 of 2009, art. 2.

F35
Substituted (8.23.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 73(f), commenced on enactment, subject to transitional provision in s. 68.

F36
Inserted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 73(g), commenced on enactment, subject to transitional provision in s. 68.

F37
Deleted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 8(d), S.I. No. 330 of 2009.

F38
Substituted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 73(h), commenced on enactment, subject to transitional provision in s. 68.

Editorial Notes:

E17
It may be that the numbering of the second subs. (8)(c) inserted as per F-note above was intended to be subs. (8)(e).

E18
Previous affecting provision: subss. (4), (5) substituted and subs. (6) amended (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), section 73(c)-(e), commenced on enactment; substituted as per F-note above.

Application to High Court for endorsement to execute European arrest warrant.

13.—(1) The Central Authority in the State shall, as soon as may be after it receives a F39[relevant arrest warrant] transmitted to it in accordance with section 12, apply, or cause an application to be made, to the High Court for the endorsement by it of the F39[relevant arrest warrant], or a F40[…] true copy thereof, for execution of the F39[relevant arrest warrant] concerned.

F41[(2) If, upon an application under subsection (1), the High Court is satisfied that, in relation to a F39[relevant arrest warrant], there has been compliance with the provisions of this Act, it may endorse the F39[relevant arrest warrant] for execution.]

(3) A F39[relevant arrest warrant] may, upon there being compliance with subsection (2), be executed by any member of the Garda Síochána in any part of the State and may be so executed notwithstanding that it is not in the possession of the member when he or she executes the F39[relevant arrest warrant], and the warrant, F42[…] the true copy of the warrant, as the case may be, endorsed in accordance with subsection (2), shall be shown to and a copy thereof given to, the person arrested at the time of his or her arrest or, if the warrant F42[…] or true copy, as the case may be, is not then in the possession of the member, not later than 24 hours after the person’s arrest.

(4) A person arrested under a F39[relevant arrest warrant] shall, upon his or her arrest, be informed of his or her right to—

(a) consent to his or her being surrendered to the issuing state under section 15,

(b) obtain, or be provided with, professional legal advice and representation, and

(5) A person arrested under a F39[relevant arrest warrant] shall, as soon as may be after his or her arrest, be brought before the High Court, and the High Court shall, if satisfied that that person is the person in respect of whom the F39[relevant arrest warrant] was issued—

(a) remand the person in custody or on bail (and, for that purpose, the High Court shall have the same powers in relation to remand as it would have if the person were brought before it charged with an indictable offence),

(b) fix a date for the purpose of section 16 (being a date that falls not later than 21 days after the date of the person’s arrest), and

(i) consent to his or her surrender to the issuing state under section 15,

(ii) obtain, or be provided with, professional legal advice and representation, and

(iii) where appropriate, obtain, or be provided with, the services of an interpreter.

Annotations

Amendments:

F39
Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 11(a)-(e), in effect as per reg. 1(2).

F40
Deleted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 9(a), S.I. No. 330 of 2009.

F41
Substituted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 8(1), commenced on enactment.

F42
Deleted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 9(c), S.I. No. 330 of 2009.

Editorial Notes:

E19
Previous affecting provision: subs. (2)(b) deleted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 9(b), S.I. No. 330 of 2009; subs. (2) substituted as per F-note above.

F43[

Arrest without warrant for surrender purposes.

14.— (1) A member of the Garda Síochána may arrest any person without a warrant that the member believes, on reasonable grounds, to be a person named in an alert.

(2) A person arrested under this section shall, upon his or her arrest, be informed, in ordinary language, of the reason for the arrest and of his or her right to—

(a) obtain or be provided with professional legal advice and representation, and

(b) where appropriate, obtain or be provided with the services of an interpreter.

(3) A person arrested under this section shall, as soon as may be after his or her arrest—

(a) be furnished with a copy of the alert, and

(b) be brought before the High Court, which court shall, if satisfied that he or she is the person named in the alert—

(i) inform the person of his or her right to—

(I) obtain or be provided with professional legal advice and representation, and

(II) where appropriate, obtain or be provided with the services of an interpreter,

and

(ii) remand the person in custody or, at its discretion, on bail for a period not exceeding 14 days (and for that purpose the High Court shall have the same powers in relation to remand as it would have if the person were brought before it charged with an indictable offence) for production to the High Court of the European arrest warrant on foot of which the alert was entered.

(4) Where, in respect of a person remanded in custody or on bail under subsection (3), a European arrest warrant is transmitted to the Central Authority in the State pursuant to section 12—

(a) that person shall be brought before the High Court as soon as may be,

(b) the European arrest warrant shall be produced to the High Court,

(d) the High Court, if satisfied that the provisions of this Act have been complied with and that the person before it is the person in respect of whom the European arrest warrant was issued, shall—

(i) inform the person of his or her right to consent to being surrendered to the issuing state under section 15, and

(ii) if the person does not exercise his or her right to consent under paragraph (i)—

(I) remand the person in custody or on bail (and for that purpose the High Court shall have the same powers in relation to remand as it would have if the person were brought before it charged with an indictable offence), and

(II) fix a date for the purposes of section 16 within the period of 21 days next following.

(5) Where, in respect of a person remanded in custody or on bail under subsection (3), the European arrest warrant is not produced on the date fixed by the Court for the purpose under that subsection the person shall be released from custody.]

Annotations

Amendments:

F43
Substituted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 10, S.I. No. 330 of 2009.

Editorial Notes:

E20
Previous affecting provisions: subss. (6), (7) substituted and subs. (10) amended (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 74, commenced on enactment; section substituted as per F-note above.

Consent to surrender.

15.—F44[(1) Where a person is brought before the High Court under section 13, he or she may consent to his or her being surrendered to the issuing state and, if he or she so consents, the High Court shall—

(a) if the F45[relevant arrest warrant], or a F46[…] true copy thereof, has been endorsed in accordance with section 13 for execution of the warrant,

(b) if it is satisfied that—

(i) the person voluntarily consents to his or her being surrendered to the issuing state concerned and is aware of the consequences of his or her so consenting, and

(ii) the person has obtained, or has been afforded the opportunity of obtaining or being provided with professional legal advice before consenting to his or her surrender,

(c) if it is not required, under section 21A, 22, 23 or 24 (inserted by sections 79, 80, 81 and 82 of the Criminal Justice (Terrorist Offences) Act 2005), to refuse to surrender the person under this Act, and

F47[(d) if the surrender of the person is not prohibited by Part 3,]

make an order directing that the person be surrendered to such other person as is duly authorised by the issuing state to receive him or her.

(2) Where a person is brought before the High Court under section 14, he or she may consent to his or her being surrendered to the issuing state and, if he or she so consents, the High Court shall—

(a) upon production to the High Court of the F45[relevant arrest warrant] or F48[a true copy] thereof,

(b) if it is satisfied that—

(i) the person voluntarily consents to his or her being surrendered to the issuing state concerned and is aware of the consequences of his or her so consenting, and

(ii) the person has obtained, or has been afforded the opportunity of obtaining or being provided with, professional legal advice and representation before consenting to his or her surrender,

F47[(d) if the surrender of the person is not prohibited by Part 3,]

make an order directing that the person be surrendered to such other person as is duly authorised by the issuing state to receive him or her.]

F47[(3) An order under subsection (1) or (2) shall, subject to section 18, take effect upon the expiration of 10 days beginning on the date of the making of the order or such earlier date as the High Court, on the application of the Central Authority in the State and with the consent of the person to whom the order applies, directs.

(3A) Subject to subsections (5) and (6), a person to whom an order for the time being in force under subsection (1) or (2) applies shall be surrendered to the issuing state concerned not later than 10 days after the order takes effect in accordance with subsection (3).]

F49[(3B) An appeal against an order under subsection (1) or (2), or a decision not to make such an order, may be brought in the Supreme Court if, and only if, the High Court certifies that the order or decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Supreme Court.]

F50[(4) Where the High Court makes an order under subsection (1) or (2), it shall, unless it orders postponement of surrender under section 18—

(a) inform the person to whom the order relates of his or her right to make a complaint under Article 40.4.2° of the Constitution at any time before his or her surrender to the issuing state,

(b) record in writing that the person concerned has consented to his or her being surrendered to the issuing state concerned,

(c) order that that person be detained in a prison (or, if the person is not more than 21 years of age, in a remand institution) for a period not exceeding 20 days pending the carrying out of the terms of the order, and

(d) direct that the person be again brought before the High Court—

(i) if he or she is not surrendered before the expiration of the time for surrender under subsection (3A), as soon as practicable after that expiration, or

(ii) if it appears to the Central Authority in the State that, because of circumstances beyond the control of the State or the issuing state concerned, that person will not be surrendered on the expiration referred to in subparagraph (i), before that expiration.

(5) Where a person is brought before the High Court pursuant to subsection (4)(d), the High Court shall—

(a) if satisfied that, because of circumstances beyond the control of the State or the issuing state concerned, the person was not surrendered within the time for surrender under subsection (3A) or, as the case may be, will not be so surrendered—

(i) with the agreement of the issuing judicial authority, fix a new date for the surrender of the person, and

(ii) order that the person be detained in a prison (or, if the person is not more than 21 years of age, in a remand institution) for a period not exceeding 10 days after the date fixed under subparagraph (i), pending the surrender,

and

(b) in any other case, order that the person be discharged. ]

F51[(5A) A person to whom an order for the time being in force under subsection (5)(a) applies—

(a) shall be surrendered to the issuing state concerned not later than 10 days after the new date fixed under that subsection, or

(b) if surrender under paragraph (a) has not been effected, shall be discharged.

(5B) Where a person is ordered, under subsection (4)(c), to be detained in a prison (or, if the person is not more than 21 years of age, in a remand institution) and is brought before the High Court pursuant to subsection (4)(d), the person shall be deemed to be in lawful custody at all times beginning at the time of the making of the order under subsection (4)(c) and ending when he or she is brought before the Court.]

F52[(6) Where a person—

(a) lodges an appeal pursuant to subsection (3B), or

(b) makes a complaint under Article 40.4.2° of the Constitution,

he or she shall not be surrendered to the issuing state while proceedings relating to the appeal or complaint are pending.

(7) Where a person lodges an appeal pursuant to subsection (3B), the High Court may remand the person in custody or on bail pending the hearing of the appeal and, for that purpose, the High Court shall have the same powers in relation to remand as it would have if the person were brought before it charged with an indictable offence.]

(8) F53[…]

(9) F53[…]

Annotations

Amendments:

F44
Substituted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 75(a), commenced on enactment, subject to transitional provision in s. 68.

F45
Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 12(a), (b), in effect as per reg. 1(2).

F46
Deleted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 11(a), S.I. No. 330 of 2009.

F47
Substituted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 9(a)-(c), commenced on enactment.

F48
Substituted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 11(b), S.I. No. 330 of 2009.

F49
Inserted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 9(c), commenced on enactment.

F50
Substituted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 9(c), commenced on enactment.

F51
Inserted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 9(c), commenced on enactment.

F52
Substituted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 9(c), commenced on enactment.

F53
Deleted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 9(c), commenced on enactment.

Editorial Notes:

E21
Previous affecting provision: subs. (3A) inserted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 11(c), S.I. No. 330 of 2009; substituted as per F-note above.

E22
Previous affecting provision: subs. (5)(5) amended (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 11(d), S.I. No. 330 of 2009; substituted as per F-note above.

E23
Previous affecting provisions: subss. (6), (7), (9) substituted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 11(e)-(g), S.I. No. 330 of 2009; substituted as per F-notes above.

E24
Previous affecting provisions: subss. (3), (5)(a), (7) substituted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 75(b)-(d), commenced on enactment; substituted as per F-notes above.

Committal of person named in European arrest warrant.

16.—F54[(1) Where a person does not consent to his or her surrender to the issuing state F55[…] the High Court may, upon such date as is fixed under section 13 or such later date as it considers appropriate, make an order directing that the person be surrendered to such other person as is duly authorised by the issuing state to receive him or her, provided that—

(a) the High Court is satisfied that the person before it is the person in respect of whom the F56[relevant arrest warrant] was issued,

(b) the F56[relevant arrest warrant], or a F55[…] true copy thereof, has been endorsed in accordance with section 13 for execution of the warrant,

F57[(c) the F56[European arrest warrant or Trade and Cooperation Agreement arrest warrant, as the case may be,] states, where appropriate, the matters required by section 45 (inserted by section 23 of the European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012),]

(d) the High Court is not required, under section 21A, 22, 23 or 24 (inserted by sections 79, 80, 81 and 82 of the Criminal Justice (Terrorist Offences) Act 2005), to refuse to surrender the person under this Act, and

F57[(e) the surrender of the person is not prohibited by Part 3.]]

F54[(2) Where a person does not consent to his or her surrender to the issuing state F55[…], the High Court may, upon such date as is fixed under section 14 or such later date as it considers appropriate, make an order directing that the person be surrendered to such other person as is duly authorised by the issuing state to receive him or her, provided that—

F57[(a) the F56[European arrest warrant or Trade and Cooperation Agreement arrest warrant, as the case may be, including], where appropriate, the matters required by section 45 (inserted by section 23 of the European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012), is provided to the court, ]

(b) the High Court is satisfied that the person before it is the person in respect of whom the F56[relevant arrest warrant] was issued,

(c) the High Court is not required, under section 21A, 22, 23 or 24 (inserted by sections 79, 80, 81 and 82 of the Criminal Justice (Terrorist Offences) Act 2005), to refuse to surrender the person under this Act, and

F57[(d) the surrender of the person is not prohibited by Part 3.]]

F58[(2A) Where the High Court does not—

(a) make an order under subsection (1) on the date fixed under section 13, or

(b) make an order under subsection (2) on the date fixed under section 14,

it may remand the person before it in custody or on bail and, for those purposes, the High Court shall have the same powers in relation to remand as it would have if the person were brought before it charged with an indictable offence.]

F59[(3) An order under subsection (1) or (2) shall, subject to section 18, take effect upon the expiration of 15 days beginning on the date of the making of the order or such earlier date as the High Court, on the application of the Central Authority in the State and with the consent of the person to whom the order applies, directs.

(4) Where the High Court makes an order under subsection (1) or (2), it shall, unless it orders postponement of surrender under section 18—

(a) inform the person to whom the order relates of his or her right to make a complaint under Article 40.4.2° of the Constitution at any time before his or her surrender to the issuing state,

(b) order that that person be detained in a prison (or, if the person is not more than 21 years of age, in a remand institution) for a period not exceeding 25 days pending the carrying out of the terms of the order, and

(i) if he or she is not surrendered before the expiration of the time for surrender under subsection (3A), as soon as practicable after that expiration, or

(5) Where a person is brought before the High Court pursuant to subsection (4)(c), the High Court shall—

(i) with the agreement of the issuing judicial authority, fix a new date for the surrender of the person, and

and

(b) in any other case, order that the person be discharged.

(5A) A person to whom an order for the time being in force under subsection (5)(a) applies—

(a) shall be surrendered to the issuing state concerned not later than 10 days after the order takes effect, or

(b) if surrender under paragraph (a) has not been effected, shall be discharged.

(5B) Where a person is ordered, under subsection (4)(b), to be detained in a prison (or, if the person is not more than 21 years of age, in a remand institution) and is brought before the High Court pursuant to subsection (4)(c), the person shall be deemed to be in lawful custody at all times beginning at the time of the making of the order under subsection (4)(b) and ending when he or she is brought before the Court.

(6) Where a person—

(a) lodges an appeal pursuant to subsection (11), or

(b) makes a complaint under Article 40.4.2° of the Constitution,

he or she shall not be surrendered to the issuing state while proceedings relating to the appeal or complaint are pending.

(7) Where the High Court decides not to make an order under subsection (1) or (2)—

(a) it shall give reasons for its decision, and

(b) the person shall, subject to subsection (8), be released from custody.

(8) Subsection (7)(b) shall not apply if—

(a) (i) the person has been sentenced to a term of imprisonment,

(ii) on the date on which he or she would, but for this subsection, be entitled to be released under subsection (7), all or part of the term of imprisonment remains unexpired, and

(iii) the person is required to serve all or part of the remainder of that term of imprisonment in the State,

(b) (i) the person has been charged with or convicted of an offence in the State, and

(ii) on the date on which he or she would, but for this paragraph, be entitled to be released from custody under subsection (7), he or she is required to be in custody by virtue of having been remanded in custody pending his or her being tried, or the imposition of sentence, in respect of that offence.

(9) If the High Court has not, after the expiration of 60 days from the arrest of the person concerned under section 13 or 14, made an order under subsection (1) or (2) or subsection (1) or (2) of section 15, or has decided not to make an order under subsection (1) or (2), it shall direct the Central Authority in the State to inform the issuing judicial authority and, where appropriate, Eurojust in relation thereto and of the reasons therefor specified in the direction, and the Central Authority in the State shall comply with such direction.

(10) If the High Court has not, after the expiration of 90 days from the arrest of the person concerned under section 13 or 14, made an order under subsection (1) or (2) or subsection (1) or (2) of section 15, or has decided not to make an order under subsection (1) or (2), it shall direct the Central Authority in the State to inform the issuing judicial authority and, where appropriate, Eurojust in relation thereto and of the reason therefor specified in the direction, and the Central Authority in the State shall comply with such direction.

(11) An appeal against an order under subsection (1) or (2) or a decision not to make such an order may be brought in the Supreme Court if, and only if, the High Court certifies that the order or decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Supreme Court.

(12) Where a person lodges an appeal pursuant to subsection (11), the High Court may remand the person in custody or on bail pending the hearing of the appeal and, for that purpose, the High Court shall have the same powers in relation to remand as it would have if the person were brought before it charged with an indictable offence.]

F60[(13) F61[…]]

Annotations

Amendments:

F54
Substituted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 76(a), (b), commenced on enactment, subject to transitional provision in s. 68.

F55
Deleted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 12(a), (b), S.I. No. 330 of 2009.

F56
Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 13(a)(i)-(iii), (b)(i), (ii), in effect as per reg. 1(2).

F57
Substituted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 10(a)-(d), commenced on enactment.

F58
Inserted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 76(c), commenced on enactment, subject to transitional provision in s. 68.

F59
Substituted and inserted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 10(e), commenced on enactment.

F60
Inserted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 12(g), S.I. No. 330 of 2009.

F61
Deleted (24.07.2019) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 10(e), commenced on enactment.

Editorial Notes:

E25
Previous affecting provision: subs. (2)(a) amended, subss. (5)-(7) substituted, subs. (12) amended and subs. (13) inserted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 12(b)(ii), (c)-(g), S.I. No. 330 of 2009; subss. (2)(a), (5)-(7), (12) substituted and subs. (13) deleted as per F-note above.

E26
Previous affecting provisions: subs. (3), (5)(a), (7) substituted and subs. (9) amended (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 76(d)-(f), commenced on enactment; substituted as per F-notes above.

European arrest warrant relating to more than one offence.

17.—Where, in relation to an offence specified in a F62[relevant arrest warrant], the High Court decides not to make an order under section 15 or 16, it shall not be necessary for the issuing judicial authority to issue another F62[relevant arrest warrant] in respect of such other offences as are specified in that warrant, and, where such other offences are specified in the F62[relevant arrest warrant], that warrant shall be treated as having been issued in respect of those other offences only.

Annotations:

Amendments:

F62
Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 14, in effect as per reg. 1(2).

Postponement of surrender.

F63[18.— (1) The High Court may direct that the surrender of a person to whom an order under subsection (1) or (2) of section 15 or subsection (1) or (2) of section 16 applies be postponed in accordance with this section where—

(a) the High Court is satisfied that circumstances exist that would warrant that postponement, on humanitarian grounds, including that a manifest danger to the life or health of the person concerned would likely be occasioned by his or her surrender to the issuing state,

(b) the person is being proceeded against for an offence in the State, or

(c) the person has been sentenced to a term of imprisonment for an offence and is required to serve all or part of that term of imprisonment in the State.

(2) The postponement shall continue until the High Court makes an order under subsection (4).

(3) Where the High Court decides to postpone a person’s surrender under this section, it shall remand the person in custody or on bail and, for that purpose, the High Court shall have the same powers in relation to remand as it would have if the person were brought before it charged with an indictable offence.

(4) The High Court shall make an order ending the postponement of surrender—

(a) where paragraph (a) of subsection (1) applies, when the High Court is satisfied that the circumstances referred to in that paragraph no longer exist,

(b) where paragraph (b) of subsection (1) applies, when the High Court is satisfied that the proceedings in respect of the offence concerned have been finally determined (where the person concerned is not required to serve a term of imprisonment), or

(c) where paragraph (c) of subsection (1) applies, when the High Court is satisfied that the person concerned is no longer required to serve any part of the term of imprisonment concerned.

(5) Section 15 or 16, as the case may be, shall apply to the person concerned as of the date of the order under subsection (4) as though that order were an order made under subsection (1) or (2) of section 15 or (1) or (2) of section 16, as the case may be.]

Annotations

Amendments:

F63
Substituted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 11, commenced on enactment.

Editorial Notes:

E27
Previous affecting provisions: subs. (3) substituted and subs. (4) amended (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 13(a), (b), S.I. No. 330 of 2009; section substituted as per F-note above.

E28
Previous affecting provision: subs. (2A) inserted (8.03.2019) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 77, commenced on enactment, subject to transitional provision in s. 68; section substituted as per F-note above.

Conditional surrender.

19.— F64[(1) Where a person to whom an order under section 15 or 16 applies has been sentenced to a term of imprisonment for an offence and is, at the time of the making of the order, required to serve all or part of that term of imprisonment in the State, the High Court may, subject to such conditions as it shall specify, direct that the person be surrendered to the issuing state for the purpose of his or her being tried for the offence to which the F65[relevant arrest warrant] concerned relates.]

(2) Where a person is surrendered to the issuing state under this section, then any term of imprisonment or part of a term of imprisonment that the person is required to serve in the State shall be reduced by an amount equal to any period of time spent by that person in custody or detention in the issuing state consequent upon his or her being so surrendered, or pending trial.

Annotations

Amendments:

F64
Substituted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 12, commenced on enactment.

F65
Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 15, in effect as per reg. 1(2).

Additional documentation and information.

20.—(1) In proceedings to which this Act applies F66[the High Court shall,] if of the opinion that the documentation or information provided to it is not sufficient to enable it to perform its functions under this Act, require the F67[issuing judicial authority or the issuing state, as may be appropriate,] to provide it with such additional documentation or information as it may specify, within such period as it may specify,

(2) F68[…]

(3) F69[…]

(4) F69[…]

Annotations

Amendments:

F66
Substituted (4.09.2019) by Criminal Justice (International Co-Operation) Act 2019 (27/2019), s. 4(a), S.I. No. 443 of 2019.

F67
Substituted (8.03.2019) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 78(a), commenced on enactment, subject to transitional provision in s. 68.

F68
Deleted (4.09.2019) by Criminal Justice (International Co-Operation) Act 2019 (27/2019), s. 4(b), S.I. No. 443 of 2019.

F69
Deleted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 13, commenced on enactment.

Editorial Notes:

E29
Previous affecting provision: subs. (3) amended (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 14, S.I. No. 330 of 2009; subs. (3) deleted as per F-note above.

E30
Previous affecting provision: subs. (2) amended (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 78(b), commenced on enactment, subject to transitional provision in s. 68; subs. (2) deleted as per F-note above.

Movement of persons detained under this Act.

F70[21.— (1) The Minister may direct that a person remanded in custody under this Act or detained in a prison or remand institution pursuant to an order under subsection (1) or (2) of section 15 or (1) or (2) of section 16 be removed to a hospital or any other place if the Minister considers that in the interests of the person’s health, it is necessary that he or she be so removed, and the person shall, while detained in a hospital or other place pursuant to a direction under this subsection, be deemed to be in lawful custody.

(2) Sections 10 and 11 of the Criminal Justice Act 1960 shall apply to a person who is not less than 16, nor more than 21, years of age remanded in custody under this Act or detained in a prison or remand institution pursuant to an order under subsection (1) or (2) of section 15 or (1) or (2) of section 16, subject to the following modifications:

(a) in section 10(1), the reference to “a person detained under section 9 of this Act or this section” shall be construed as a reference to “a person remanded in custody or detained in a prison or remand institution under the European Arrest Warrant Act 2003”;

(b) in section 11(1), the reference to “a person who is detained in a remand institution pursuant to section 9 of this Act” shall be construed as a reference to “a person remanded in custody or detained in a prison or remand institution under the European Arrest Warrant Act 2003”; and

(c) in section 11(3), the reference to “section 9” shall be construed as a reference to “the European Arrest Warrant Act 2003”.]

Annotations

Amendments:

F70
Substituted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 14, commenced on enactment.

F71[

Refusal of surrender where no decision to prosecute.

21A.—(1) Where a European arrest warrant is issued in the issuing state in respect of a person who has not been convicted of an offence specified therein, the High Court shall refuse to surrender the person if it is satisfied that a decision has not been made to charge the person with, and try him or her for, that offence in the issuing state.

(2) Where a European arrest warrant is issued in respect of a person who has not been convicted of an offence specified therein, it shall be presumed that a decision has been made to charge the person with, and try him or her for, that offence in the issuing state, unless the contrary is proved.]

Annotations

Amendments:

F71
Inserted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 79, commenced on enactment, subject to transitional provision in s. 68.

Editorial Notes:

E31
The section heading is taken from the amending section in the absence of one included in the amendment.

Rule of speciality disapplied.

F72[22.—(1) In this section, except where the context otherwise requires, “offence” means, in relation to a person to whom a F73[relevant arrest warrant] applies, an offence (other than an offence specified in the F73[relevant arrest warrant] in respect of which the person’s surrender is ordered under this Act) under the law of the issuing state committed before the person’s surrender, but shall not include an offence consisting, in whole, of acts or omissions of which the offence specified in the European arrest warrant consists in whole or in part.

(2) Subject to this section, the High Court shall refuse to surrender a person under this Act if it is satisfied that—

(a) the law of the issuing state does not provide that a person who is surrendered to it pursuant to a F73[relevant arrest warrant] shall not be proceeded against, sentenced or detained for the purposes of executing a sentence or detention order, or otherwise restricted in his or her personal liberty, in respect of an offence, and

(b) the person will be proceeded against, sentenced, or detained for the purposes of executing a sentence or detention order, or otherwise restricted in his or her personal liberty, in respect of an offence.

(3) It shall be presumed that, in relation to a person to whom a F73[relevant arrest warrant] applies, the issuing state does not intend to—

(a) proceed against him or her,

(b) sentence or detain him or her for a purpose referred to in subsection (2)(a), or

in respect of an offence, unless the contrary is proved.

(4) The surrender of a person under this Act shall not be refused under subsection (2) if—

(a) upon conviction in respect of the offence concerned he or she is not liable to a term of imprisonment or detention, or

(b) the High Court is satisfied that, where upon such conviction he or she is liable to a term of imprisonment or detention and such other penalty as does not involve a restriction of his or her personal liberty, the said other penalty only will be imposed if he or she is convicted of the offence.

(5) The surrender of a person under this Act shall not be refused under subsection (2) if it is intended to impose in the issuing state a penalty (other than a penalty consisting of a restriction of the person’s liberty) including a financial penalty in respect of an offence of which the person claimed has been convicted, notwithstanding that where such person fails or refuses to pay the penalty concerned (or, in the case of a penalty that is not a financial penalty, fails or refuses to submit to any measure or comply with any requirements of which the penalty consists) he or she may, under the law of the issuing state be detained or otherwise deprived of his or her personal liberty.

(6) The surrender of a person under this Act shall not be refused under subsection (2) if the High Court—

(a) is satisfied that—

(i) proceedings will not be brought against the person in respect of an offence,

(ii) a penalty will not be imposed on the person in respect of an offence, and

(iii) the person will not be detained or otherwise restricted in his or her personal liberty for the purposes of an offence,

without the issuing judicial authority first obtaining the consent thereto of the High Court,

(b) is satisfied that—

(i) the person consents to being surrendered under section 15,

(ii) at the time of so consenting he or she consented to being so proceeded against, to such a penalty being imposed, or being so detained or restricted in his or her personal liberty, and was aware of the consequences of his or her so consenting, and

(iii) the person obtained or was afforded the opportunity of obtaining, or being provided with, professional legal advice in relation to the matters to which this section relates,

(i) such proceedings will not be brought, such penalty will not be imposed and the person will not be so detained or otherwise restricted in his or her personal liberty before the expiration of a period of 45 days from the date of the person’s final discharge in respect of the offence for which he or she is surrendered, and

(ii) during that period he or she will be free to leave the issuing state,

except where having been so discharged he or she leaves the issuing state and later returns thereto (whether during that period or later), or

(d) is satisfied that such proceedings will not be brought, such penalty will not be imposed and the person will not be so detained or restricted in his or her personal liberty unless—

(i) the person voluntarily gives his or her consent to being so proceeded against, such a penalty being imposed, or being so detained or restricted in his or her personal liberty, and is fully aware of the consequences of so doing,

(ii) that consent is given before the competent judicial authority in the issuing state, and

(iii) the person obtains or is afforded the opportunity of obtaining, or being provided with, professional legal advice in the issuing state in relation to the matters to which this section relates before he or she gives that consent.

(7) The High Court may, in relation to a person who has been surrendered to an issuing state under this Act, consent to—

(a) proceedings being brought against the person in the issuing state for an offence,

(b) the imposition in the issuing state of a penalty, including a penalty consisting of a restriction of the person’s liberty, in respect of an offence, or

(c) proceedings being brought against, or the detention of, the person in the issuing state for the purpose of executing a sentence or order of detention in respect of an offence,

upon receiving a request in writing from the issuing state in that behalf.

F74[(8) The High Court shall not give its consent under subsection (7) if the offence concerned is an offence for which a person could not by virtue of Part 3 be surrendered under this Act.]]

Annotations

Amendments:

F72
Substituted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 80, commenced on enactment, subject to transitional provision in s. 68.

F73
Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 16, in effect as per reg. 1(2).

F74
Substituted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 15, commenced on enactment.

Surrender of person by issuing state to other Member State.

F75[23.—(1) In this section, except where the context otherwise requires—

“offence” means, in relation to a person to whom a F76[relevant arrest warrant] applies, an offence under the law of a Member State (other than the issuing state) committed before the person’s surrender to the issuing state under this Act; and

“Member State” means a Member State other than the issuing state.

(2) Subject to this section, the High Court shall refuse to surrender a person under this Act if it is satisfied that—

(a) the law of the issuing state does not provide that a person who is surrendered to it pursuant to a F76[relevant arrest warrant] shall not be surrendered to a Member State pursuant to a F76[relevant arrest warrant] issued by a judicial authority in that Member State in respect of an offence, and

(b) the person will be surrendered to a Member State pursuant to a F76[relevant arrest warrant] issued by a judicial authority in that Member State in respect of an offence.

(3) It shall be presumed that, in relation to a person to whom a F76[relevant arrest warrant] applies, the issuing state does not intend to surrender him or her to a Member State pursuant to a F76[relevant arrest warrant] issued by a judicial authority in that Member State in respect of an offence, unless the contrary is proved.

(4) The surrender of a person under this Act shall not be refused under subsection (2) if the High Court—

(a) is satisfied that the issuing judicial authority will not surrender the person to a Member State pursuant to a F76[relevant arrest warrant] issued by a judicial authority in that Member State, without first obtaining the consent thereto of the High Court,

(b) is satisfied that—

(i) the person consents to being surrendered under section 15,

(ii) at the time of so consenting he or she consented to being surrendered by the issuing state to a Member State pursuant to a F76[relevant arrest warrant] issued by a judicial authority in that Member State, and was aware of the consequences of his or her so consenting, and

(iii) the person obtained or was afforded the opportunity of obtaining, or being provided with, professional legal advice in relation to the matters to which this section relates,

(i) the person will not be surrendered by the issuing state to a Member State pursuant to a F76[relevant arrest warrant] issued by a judicial authority in that Member State, before the expiration of a period of 45 days from the date of the person’s final discharge in respect of the offence for which he or she is surrendered under this Act, and

(ii) during that period he or she will be free to leave the issuing state,

except where having been so discharged he or she leaves the issuing state and later returns thereto (whether during that period or later), or

(d) is satisfied that the person will not be surrendered to a Member State pursuant to a F76[relevant arrest warrant] issued by a judicial authority in that Member State unless—

(i) the person voluntarily gives his or her consent to being so surrendered and is fully aware of the consequences of his or her so doing,

(ii) that consent is given before the competent judicial authority in the issuing state, and

(5) The High Court may, in relation to a person who has been surrendered to an issuing state under this Act, consent to the person being surrendered by the issuing state to a Member State pursuant to a F76[relevant arrest warrant] issued by a judicial authority in that Member State, upon receiving a request in writing from the issuing state in that behalf.

F77[(6) The High Court shall not give its consent under subsection (5) if the offence concerned is an offence for which a person could not by virtue of Part 3 be surrendered under this Act.]]

Annotations

Amendments:

F75
Substituted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 81, commenced on enactment, subject to transitional provision in s. 68.

F76
Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 17(a), (b)(ii), (ii), (c), (d)(i)-(iv), (e), in effect as per reg. 1(2).

F77
Substituted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 16, commenced on enactment.

Surrender of person by issuing state to third state.

F78[24.—(1) The High Court shall refuse to surrender a person under this Act if it is satisfied that—

(a) the law of the issuing state does not provide that a person who is surrendered to it pursuant to a F79[relevant arrest warrant] shall not be extradited to a third country without the consent of the High Court and the Minister first being obtained, and

(b) the person will be extradited to a third country without such consent first being obtained.

(2) It shall be presumed that, in relation to a person to whom a F79[relevant arrest warrant] applies, the issuing state does not intend to extradite him or her to a third country, unless the contrary is proved.

(3) The issuing state may request, in writing, the High Court to consent to the extradition to a third country by the issuing state of a person surrendered to the issuing state under this Act.

(4) The High Court shall give its consent to a request under subsection (3) if it is satisfied that—

(a) were the person concerned in the State, and

(b) were a request for his or her extradition received in the State from the third country concerned,

his or her extradition pursuant to such a request would not be prohibited under the Extradition Acts 1965 to 2001.]

Annotations

Amendments:

F78
Substituted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 82, commenced on enactment, subject to transitional provision in s. 68.

F79
Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 18(a), (b), in effect as per reg. 1(2).

Searches for purposes of European arrest warrant.

25.—(1) A member of the Garda Síochána, may, for the purposes of performing functions under section 13 or 14, enter any place (if necessary by the use of reasonable force) and search that place, if he or she has reasonable grounds for believing that a person in respect of whom a F80[relevant arrest warrant] has been issued is to be found at that place.

(2) Where a member of the Garda Síochána enters a place under subsection (1), he or she may search that place and any person found at that place, and may seize anything found at that place or anything found in the possession of a person present at that place at the time of the search that the said member believes to be evidence of, or relating to, an offence specified in a F80[relevant arrest warrant], or to be property obtained or received at any time (whether before or after the passing of this Act) as a result of or in connection with the commission of that offence.

(3) Subject to subsection (4), a member of the Garda Síochána, who has reasonable grounds for believing that evidence of, or relating to, an offence specified in a F80[relevant arrest warrant], or property obtained or received at any time (whether before or after the passing of this Act) as a result of, or in connection with, the commission of that offence is to be found at any place, may enter that place (if necessary by the use of reasonable force) and search that place and any person found at that place, and may seize anything found at that place or anything found in the possession of a person present at that place at the time of the search that the member believes to be such evidence or property.

(4) (a) A member of the Garda Síochána shall not enter a dwelling under subsection (3), other than—

(i) with the consent of the occupier, or

(ii) in accordance with a warrant issued under paragraph (b).

(b) On the application of a member of the Garda Síochána, a judge of the District Court may, if satisfied that there are reasonable grounds for believing that—

(i) evidence of, or relating to, an offence specified in a F80[relevant arrest warrant], or

(ii) property obtained or received at any time (whether before or after the passing of this Act) as a result of or in connection with the commission of that offence,

is to be found in any dwelling, issue a warrant authorising a named member of the Garda Síochána accompanied by such other members of the Garda Síochána as may be necessary, at any time or times, within one month of the date of the issue of the warrant, to enter the dwelling (if necessary by the use of reasonable force) and search the dwelling and any person found at the dwelling, and a member of the Garda Síochána who enters a dwelling pursuant to such a warrant may seize anything found at the dwelling or anything found in the possession of a person present at the dwelling at the time of the search that the member believes to be such evidence or property.

(5) A member of the Garda Síochána who is performing functions under this section may—

(a) require any person present at the place where the search is carried out to give to the member his or her name and address, and

(b) arrest otherwise than pursuant to a warrant any person who—

(i) obstructs or attempts to obstruct that member in the performance of his or her functions,

(ii) fails to comply with a requirement under paragraph (a), or

(iii) gives a name or address which the member has reasonable cause for believing is false or misleading.

(6) A person who—

(a) obstructs or attempts to obstruct a member of the Garda Síochána in the performance of his or her functions under this section,

(b) fails to comply with a requirement under paragraph (a) of subsection (5), or

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000, or to imprisonment for a period not exceeding 6 months, or to both.

(7) In this section “place” includes a ship or other vessel, an aircraft, a railway wagon or other vehicle, and a container used for the transporting of goods.

Annotations:

Amendments:

F80
Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 19(a)-(d), in effect as per reg. 1(2).

Handing over of property.

26.—(1) Subject to the provisions of this section, any property seized under section 25 shall, if a person is surrendered under this Act, be handed over to any person duly authorised by the issuing state to receive it, as soon as may be after the surrender of the person, and the said property shall be so handed over notwithstanding that the surrender of the person cannot be carried out by reason of the death or escape from custody of the person claimed.

(2) Any property seized under section 25 may, if any criminal proceedings to which the property relates are pending in the State, be retained in the State for the purposes of those proceedings or may, if the Central Authority in the State, after consultation with the Director of Public Prosecutions, so directs, be handed over to the issuing state subject to the issuing state agreeing to return the property.

(3) This section shall not operate to abrogate any rights lawfully vested in the State, or any person, in any property to which this section applies and, where any such rights exist, the property shall not be handed over unless an undertaking is given by the issuing state that it will return the property as soon as may be after the trial of the person surrendered and without charge to the State or person in whom such rights vest.

Remand.

27.—(1) A person remanded in custody under this Act may be detained in a prison (or, if he or she is not more than 21 years of age, in a remand institution) or, for a period not exceeding 48 hours, in a Garda Síochána station.

(2) A person shall not be remanded on bail or otherwise released from custody under this Act if—

(a) (i) the person has been sentenced to a term of imprisonment for an offence of which he or she was convicted in the State,

(ii) on the date of his or her being remanded or on which he or she would, but for this paragraph, be entitled to be released, all or part of the term of imprisonment remains unexpired, and

(iii) the person is required to serve all or part of the remainder of that term of imprisonment,

(b) (i) the person has been charged with or convicted of an offence in the State, and

(ii) on the date of his or her being remanded or on which he or she would, but for this paragraph, be entitled to be released, he or she is required to be in custody by virtue of having been remanded in custody pending trial for that offence or the imposition of sentence in respect of that offence.

Transit.

28.—(1) Transit through the State of a person being conveyed from an executing state to an issuing state, upon his or her surrender pursuant to a F81[relevant arrest warrant], shall be permitted where the Central Authority in the State receives a request in that behalf from the issuing state and where the issuing state provides the Central Authority in the State with the following information:

(a) the nationality of the person and such other information as will enable the person to be identified by the Central Authority in the State;

(b) information showing that a European arrest warrant has been issued by the issuing state in respect of the person;

(c) the nature and classification under the law of the issuing state of the offence to which the European arrest warrant relates;

(d) the circumstances in which the offence specified in the European arrest warrant was committed or is alleged to have been committed, including the date and place of its commission.

(2) The transit of a person through the State shall be supervised by members of the Garda Síochána if the Central Authority in the State considers it appropriate, and where a person’s transit is so supervised the person shall be deemed to be in the custody of any member of the Garda Síochána who accompanies him or her.

(3) (a) This subsection applies to an aircraft that has taken off from a place (other than the State) and that is scheduled to land in a place (other than the State) and on board which there is a person who is being conveyed to an issuing state upon his or her surrender pursuant to a F81[relevant arrest warrant].

(b) Where an aircraft to which this subsection applies lands (for whatever reason) in the State, the issuing state shall, upon its landing or as soon as may be after it lands, provide the Central Authority in the State with the information referred to in subsection (1).

(c) While an aircraft to which this subsection applies is in the State, a person referred to in paragraph (a) who is on board that aircraft shall be deemed to be in transit through the State and subsection (2) shall apply accordingly.

(4) Where a person has been extradited by a third country to a Member State this section shall apply subject to the modifications that—

(a) the reference to an executing state shall be construed as a reference to a third state,

(b) references to a F81[relevant arrest warrant] shall be construed as references to an extradition request, and

(5) In this section “executing state” means, in relation to a F81[relevant arrest warrant], a Member State (a judicial authority of which has ordered the arrest and surrender to the issuing state, pursuant to the F81[relevant arrest warrant], of a person in respect of whom that warrant was issued).

Annotations:

Amendments:

F81
Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 20(a)-(d), in effect as per reg. 1(2).

Multiple European arrest warrants.

29.—(1) Where the Central Authority in the State receives two or more F82[relevant arrest warrants] in respect of a person, F83[…] the Central Authority in the State shall, where the High Court has not yet made an order under F84[subsection (1) or (2) of section 15 or (1) or (2) of section 16], in relation to the person, inform the High Court as soon as may be of the receipt by it of those warrants and the High Court shall, having regard to all the circumstances, decide, in relation to which of those F82[relevant arrest warrants] it shall—

(a) perform functions under section 13, or

(b) where it has already performed such functions in relation to one of those European arrest warrants, perform functions under section 15 or 16, as may be appropriate.

(2) Without prejudice to the generality of subsection (1), the High Court shall in making a decision under subsection (1) have regard to—

(a) the seriousness of the offences specified in the F82[relevant arrest warrants] concerned,

(b) the places where the offences were committed or are alleged to have been committed,

(d) whether the F82[relevant arrest warrants] concerned were issued for the purposes of bringing proceedings for an offence against the person named in the warrants or for the purposes of executing a sentence or detention order in respect of the person.

Annotations

Amendments:

F82
Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 21(a), (b), in effect as per reg. 1(2).

F83
Deleted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 15, S.I. No. 330 of 2009.

F84
Substituted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 17, commenced on enactment.

European arrest warrants and requests for extradition.

F85[30.— (1) If the Central Authority in the State receives a F86[relevant arrest warrant] in respect of a person and the State receives a request from a third country for the extradition of that person, the Central Authority in the State shall, where an order has not yet been made under subsection (1) or (2) of section 15, or subsection (1) or (2) of section 16, in relation to the person, so inform the High Court, and the High Court shall not perform functions under this Act in relation to the F86[relevant arrest warrant], unless the Minister has informed the High Court that—

(a) the request for extradition is not being proceeded with, or

(b) the European arrest warrant is to have precedence over the request for extradition.

(2) If the Central Authority in the State receives a F86[relevant arrest warrant] in respect of a person and the State receives a request from the International Criminal Court for the arrest and surrender of the same person, the Central Authority in the State shall, where an order has not yet been made under subsection (1) or (2) of section 15, or subsection (1) or (2) of section 16, in relation to that person, so inform the High Court, and the High Court shall not perform functions under this Act in relation to the F86[relevant arrest warrant], unless the arrest and surrender of that person pursuant to such a request is prohibited, or not provided for, under the law of the State.]

Annotations

Amendments:

F85
Substituted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 18, commenced on enactment.

F86
Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 22(a), (b), in effect as per reg. 1(2).

Chapter 2

Issue of European Arrest Warrant by State

Definition.

31.—In this Chapter—

“domestic warrant” means a warrant (other than a F87[relevant arrest warrant]) issued, for the arrest of a person, by a court in the State;

F87[“relevant arrest warrant” means a warrant to which a relevant agreement applies issued by a court, in accordance with this Chapter and for the purposes of —

(a) the arrest, in a Member State, of that person, and

(b) the surrender of that person to the State by the Member State concerned.]

Annotations:

Amendments:

F87
Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 23(a), (b), in effect as per reg. 1(2).

Offences to which Article 2.2 of Framework Decision applies.

32.—(1) For the purposes of paragraph 2 of Article 2 of the Framework Decision, the Minister may, by order, specify the offences under the law of the State to which that paragraph applies.

(2) The Minister may, by order, amend or revoke an order under this section (including an order under this subsection).

(3) This section shall not operate to require that an order under this section be in force before a court may issue a European arrest warrant under section 33.

Issue of European arrest warrant by court in State.

F88[33.— (1) A court may, upon an application made by or on behalf of the Director of Public Prosecutions, issue a F89[relevant arrest warrant] in respect of a person where it is satisfied that—

(a) a domestic warrant has been issued for the arrest of that person but has not been executed, and

(b) a term of imprisonment or detention of not less than 4 months has been imposed on the person in respect of the offence concerned and the person is required to serve all or part of that term of imprisonment or detention, or, as the case may be, the person would, if convicted of the offence concerned, be liable to a term of imprisonment or detention of 12 months or more than 12 months.]

F90[(1A) Where a court issues a European arrest warrant in respect of a person under this section, such issue shall be deemed to constitute a request by the court for entry of an alert and of a copy of the European arrest warrant in respect of that person.

(1B) F91[…]]

F89[(2) A relevant arrest warrant shall, in so far as is practicable —

(a) in the case of a European arrest warrant, be in the form set out in the Annex to the Framework Decision as amended by Council Framework Decision 2009/299/JHA,

(b) in the case of a Trade and Cooperation Agreement arrest warrant, be in the form set out in Annex Law-5 to the Trade and Cooperation Agreement, and

(c) in the case of an arrest warrant within the meaning of the EU-Iceland Norway Agreement, be in the form set out in the Annex to the EU-Iceland Norway Agreement.]

F93[(2A) A relevant arrest warrant shall specify —

(a) the name and the nationality of the person to whom it relates,

(b) the name, address, fax number and e-mail address of —

(i) the District Court Office for the district in which the District Court was sitting when it issued the relevant arrest warrant,

(ii) the Circuit Court Office of the county in which the Circuit Criminal Court was sitting when it issued the relevant arrest warrant,

(iii) the Central Office of the High Court, or

(iv) the Registrar of the Special Criminal Court, as may be appropriate,

(d) that a conviction, sentence or detention order is immediately enforceable against the person, or that a domestic warrant for his or her arrest has been issued in respect of that offence,

(e) the circumstances in which the offence was committed or is alleged to have been committed, including the time and place of its commission or alleged commission, and the degree of involvement or alleged degree of involvement of the person in the commission of the offence, and

(f) (i) the penalties to which the person named in the relevant arrest warrant would, if convicted of the offence to which the relevant arrest warrant relates, be liable,

(ii) where the person named in the relevant arrest warrant has been convicted of the offence specified therein and a sentence has been imposed in respect thereof, the penalties of which that sentence consists, and

(iii) where the person named in the relevant arrest warrant has been convicted of the offence specified therein but has not yet been sentenced, the penalties to which he or she is liable in respect of the offence.]

F94[(3) Where it is not practicable for the relevant arrest warrant to be in the form referred to in subsection (2) the warrant shall, in addition to containing the information specified in subsection (2A), include such other information as would be required to be provided were it in that form.]

(4) For the avoidance of doubt, a F94[relevant arrest warrant] may be issued in respect of one or more than one offence.

(5) In this section “court” means—

(a) the court that issued the domestic warrant F88[to which subsection (1)(a) applies], or

(b) the High Court.

Annotations

Amendments:

F88
Substituted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 19(a), (d), commenced on enactment.

F89
Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 24(a), (b), in effect as per reg. 1(2).

F90
Inserted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 16(d), S.I. No. 330 of 2009.

F91
Repealed (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 19(b), commenced on enactment.

F92
Inserted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 19(c), commenced on enactment.

F93
Inserted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 24(c), in effect as per reg. 1(2).

F94
Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 24(d), (e), in effect as per reg. 1(2).

Editorial Notes:

E32
Previous affecting provision: subs. (2) amended (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 19(c), commenced on enactment; substituted as per F-note above.

E33
Previous affecting provision: subs. (1)(a) substituted and para. (b) amended (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 16(a)-(c), S.I. No. 330 of 2009; substituted as per F-note above.

Transmission of European arrest warrant issued in State.

34.—A F95[relevant arrest warrant] issued under section 33 F96[may] be transmitted to a Member State by the Central Authority in the State.

Annotations

Amendments:

F95
Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 25, in effect as per reg. 1(2).

F96
Substituted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 18, S.I. No. 330 of 2009.

Arrest of person surrendered to State.

35.—(1) Where a person is surrendered to the State pursuant to a F97[relevant arrest warrant]—

(a) the domestic warrant issued for his or her arrest and referred to in F98[…] section 33(1)(a),

(b) subject to paragraph (c), where more than one such domestic warrant was issued, those domestic warrants, or

(i) more than one such domestic warrant was issued, and

(ii) the executing judicial authority ordered the surrender of the person in respect of one or more but not all of the offences specified in the F97[relevant arrest warrant],

the domestic warrants issued in respect of the offences for which the person was surrendered,

may be executed by any member of the Garda Síochána in any part of the State and may be so executed notwithstanding that the domestic warrant concerned is not in the possession of the member when he or she executes the warrant, and the domestic warrant concerned shall be shown to and a copy thereof given to the person arrested at the time of his or her arrest or, if the domestic warrant or copy thereof is not then in the possession of the member, not later than 24 hours after the person’s arrest.

(2) Where a person is surrendered to the State pursuant to a F97[relevant arrest warrant] issued by the High Court (whether or not sitting as the Central Criminal Court), the Central Authority in the State shall inform the Central Office of the High Court, in writing, of the person’s surrender.

Annotations

Amendments:

F97
Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 26(a), (b), in effect as per reg. 1(2).

F98
Deleted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 20, commenced on enactment.

Deduction of period of detention in executing state from sentence.

36.—(1) Where a person is surrendered to the State pursuant to a F99[relevant arrest warrant], then any term of imprisonment that the person is required to serve by virtue of the imposition of a sentence by a court in the State (whether before or after the person’s surrender) in respect of the offence specified in that F99[relevant arrest warrant] shall be reduced by an amount equal to any period of time spent by that person in custody or detention in the executing state in contemplation, or in consequence, of the execution of the F99[relevant arrest warrant].

(2) In this section “executing state” means, in relation to a F99[relevant arrest warrant], a Member State (a judicial authority of which has ordered the arrest and surrender to the State, pursuant to the F99[relevant arrest warrant], of a person in respect of whom that warrant was issued).

Annotations:

Amendments:

F99
Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 27(a), (b), in effect as per reg. 1(2).

PART 3

Prohibition on Surrender

Fundamental rights.

37.—(1) A person shall not be surrendered under this Act if—

(a) his or her surrender would be incompatible with the State’s obligations under—

(i) the Convention, or

(ii) the Protocols to the Convention,

(b) his or her surrender would constitute a contravention of any provision of the Constitution (other than for the reason that the offence specified in the F100[relevant arrest warrant] is an offence to which section 38(1)(b) applies),

(i) the F100[relevant arrest warrant] was issued in respect of the person for the purposes of facilitating his or her prosecution or punishment in the issuing state for reasons connected with his or her sex, race, religion, ethnic origin, nationality, language, political opinion or sexual orientation, or

(ii) in the prosecution or punishment of the person in the issuing state, he or she will be treated less favourably than a person who—

(I) is not his or her sex, race, religion, nationality or ethnic origin,

(II) does not hold the same political opinions as him or her,

(III) speaks a different language than he or she does, or

(IV) does not have the same sexual orientation as he or she does,

(iii) were the person to be surrendered to the issuing state—

(I) he or she would be sentenced to death, or a death sentence imposed on him or her would be carried out, or

(II) he or she would be tortured or subjected to other inhuman or degrading treatment.

(2) In this section—

“Convention” means the Convention for the Protection of Human Rights and Fundamental Freedoms done at Rome on the 4th day of November, 1950, as amended by Protocol No. 11 done at Strasbourg on the 11th day of May, 1994; and

“Protocols to the Convention” means the following protocols to the Convention, construed in accordance with Articles 16 to 18 of the Convention:

(a) the Protocol to the Convention done at Paris on the 20th day of March, 1952;

(b) Protocol No. 4 to the Convention securing certain rights and freedoms other than those already included in the Convention and in the First Protocol thereto done at Strasbourg on the 16th day of September, 1963;

(c) Protocol No. 6 to the Convention concerning the abolition of the death penalty done at Strasbourg on the 28th day of April, 1983;

(d) Protocol No. 7 to the Convention done at Strasbourg on the 22nd day of November, 1984.

Annotations:

Amendments:

F100
Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 28, in effect as per reg. 1(2).

Offence in respect of which a person shall not be surrendered.

38.—(1) Subject to subsection (2), a person shall not be surrendered to an issuing state under this Act in respect of an offence unless—

(a) the offence corresponds to an offence under the law of the State, and—

(i) under the law of the issuing state the offence is punishable by imprisonment or detention for a maximum period of not less than 12 months, or

(ii) a term of imprisonment or detention of not less than 4 months has been imposed on the person in respect of the offence in the issuing state, and the person is required under the law of the issuing state to serve all or part of F101[that term of imprisonment,]

F101[(b) in the case of a European arrest warrant, the offence is an offence to which paragraph 2 of Article 2 of the Framework decision applies and under the law of the issuing state the offence is punishable by imprisonment for a maximum period of not less than three years, or]

F102[(c) in the case of a Trade and Cooperation Agreement arrest warrant, the offence is an offence to which paragraph 5 of Article LAW.SURR.79 of the Trade and Cooperation Agreement applies and under the law of the issuing state the offence is punishable by imprisonment for a maximum period of not less than three years.]

(2) The surrender of a person to an issuing state under this Act shall not be refused on the ground that, in relation to a revenue offence—

(a) no tax or duty of the kind to which the offence relates is imposed in the State, or

(b) the rules relating to taxes, duties, customs or exchange control that apply in the issuing state differ in nature from the rules that apply in the State to taxes, duties, customs or exchange control.

(3) In this section “revenue offence” means, in relation to an issuing state, an offence in connection with taxes, duties, customs or exchange control.

Annotations

Amendments:

F101
Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 29(a), (b), in effect as per reg. 1(2).

F102
Inserted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 29(c), in effect as per reg. 1(2).

Editorial Notes:

E34
Previous affecting provision: subs. (1)(b) amended (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 17, S.I. No. 330 of 2009; substituted as per F-note above.

E35
Words in subs. (1)(b) “or is an offence that consists of conduct specified in that paragraph,” again deleted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 21, commenced on enactment.

Pardon or amnesty.

39.—(1) A person shall not be surrendered under this Act where he or she has been granted a pardon, under Article 13.6 of the Constitution, in respect of an offence consisting of an act or omission that constitutes in whole or in part the offence specified in the F103[relevant arrest warrant] issued in respect of him or her.

(2) A person shall not be surrendered under this Act where he or she has, in accordance with the law of the issuing state, become immune, by virtue of any amnesty or pardon, from prosecution or punishment in the issuing state for the offence specified in the F103[relevant arrest warrant] issued in respect of him or her.

(3) A person shall not be surrendered under this Act where he or she has, by virtue of any Act of the Oireachtas, become immune from prosecution or punishment for an offence consisting of an act or omission that constitutes in whole or in part the offence specified in the F103[relevant arrest warrant] issued in respect of him or her.

Annotations:

Amendments:

F103
Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 30(a)-(c), in effect as per reg. 1(2).

Passage of time from commission of offence.

40.—F104[…]

Annotations

Amendments:

F104
Deleted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 19, S.I. No. 330 of 2009.

Double jeopardy.

41.—(1) A person shall not be surrendered under this Act for the purpose of his or her being proceeded against in the issuing state for an offence consisting of an act or omission that constitutes in whole or in part an offence in respect of which final judgment has been given in the State or a Member State.

(2) A person shall not be surrendered under this Act for the purpose of his or her being proceeded against in the issuing state for an offence consisting of the act or omission that constitutes an offence in respect of which final judgment has been given in a third country, provided that where a sentence of imprisonment or detention was imposed on the person in the third country in respect of the second-mentioned offence—

(a) the person has completed serving the sentence, or

(b) the person is otherwise no longer liable under the law of the third country to serve any period of imprisonment or detention in respect of the offence.

Proceedings in the State.

F105[42.—A person shall not be surrendered under this Act if—

(a) the Director of Public Prosecutions or the Attorney General is considering, but has not yet decided, whether to bring proceedings against the person for an offence, or

(b) proceedings have been brought in the State against the person for an offence consisting of an act or omission of which the offence specified in the F106[relevant arrest warrant] issued in respect of him or her consists in whole or in part.]

Annotations

Amendments:

F105
Substituted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 83, commenced on enactment, subject to transitional provision in s. 68.

F106
Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 31, in effect as per reg. 1(2).

Age.

43.—A person shall not be surrendered under this Act if the offence specified in the F107[relevant arrest warrant] issued in respect of him or her corresponds to an offence under the law of the State in respect of which a person of the same age as the person in respect of whom the F107[relevant arrest warrant] was issued could not be proceeded against by reason of his or her age.

Annotations:

Amendments:

F107
Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 32, in effect as per reg. 1(2).

Commission of offence outside issuing state.

44.—A person shall not be surrendered under this Act if the offence specified in the F108[relevant arrest warrant] issued in respect of him or her was committed or is alleged to have been committed in a place other than the issuing state and the act or omission of which the offence consists does not, by virtue of having been committed in a place other than the State, constitute an offence under the law of the State.

Annotations:

Amendments:

F108
Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 33, in effect as per reg. 1(2).

Persons convicted in absentia.

F109[45.— A person shall not be surrendered under this Act if he or she did not appear in person at the proceedings resulting in the sentence or detention order F110[in respect of which the European arrest warrant or the Trade and Cooperation Agreement arrest warrant, as the case may be, was issued, unless in the case of a European arrest warrant, the warrant indicates the matters required by points 2, 3 and 4 of point (d) of the form of warrant in the Annex to the Framework Decision as amended by Council Framework Decision 2009/299/JHA and in the case of a Trade and Cooperation Agreement arrest warrant, the warrant indicates the matters required by paragraph 1(i) of Article LAW.SURR.81 of the Cooperation and Trade Agreement], as set out in the table to this section.

TABLE

(d) Indicate if the person appeared in person at the trial resulting in the decision:

1. □ Yes, the person appeared in person at the trial resulting in the decision.

2. □ No, the person did not appear in person at the trial resulting in the decision.

3. If you have ticked the box under point 2, please confirm the existence of one of the following:

□ 3.1a. the person was summoned in person on . . . (day/month/year) and thereby informed of the scheduled date and place of the trial which resulted in the decision and was informed that a decision may be handed down if he or she does not appear for the trial;

□ 3.1b. the person was not summoned in person but by other means actually received official information of the scheduled date and place of the trial which resulted in the decision, in such a manner that it was unequivocally established that he or she was aware of the scheduled trial, and was informed that a decision may be handed down if he or she does not appear for the trial;

□ 3.2. being aware of the scheduled trial, the person had given a mandate to a legal counsellor, who was either appointed by the person concerned or by the State, to defend him or her at the trial, and was indeed defended by that counsellor at the trial;

□ 3.3. the person was served with the decision on . . . (day/month/year) and was expressly informed about the right to a retrial or appeal, in which he or she has the right to participate and which allows the merits of the case, including fresh evidence, to be re-examined, and which may lead to the original decision being reversed, and

□ the person expressly stated that he or she does not contest this decision,

□ the person did not request a retrial or appeal within the applicable time frame;

□ 3.4. the person was not personally served with the decision, but

—the person will be personally served with this decision without delay after the surrender, and

—when served with the decision, the person will be expressly informed of his or her right to a retrial or appeal, in which he or she has the right to participate and which allows the merits of the case, including fresh evidence, to be re-examined, and which may lead to the original decision being reversed, and

—the person will be informed of the time frame within which he or she has to request a retrial or appeal, which will be . . . days.

4. If you have ticked the box under points 3.1b, 3.2 or 3.3 above, please provide information about how the relevant condition has been met: ]

Annotations

Amendments:

F109
Substituted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 23, commenced on enactment.

F110
Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 34, in effect as per reg. 1(2).

Editorial Notes:

E36
Previous affecting provision: section substituted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 20(a), S.I. No. 330 of 2009; substituted as per F-note above.

F111[

Identification procedures.

45A.— (1) Where a member of the Garda Síochána arrests a person under any power conferred by this Act, the member of the Garda Síochána may, in order to assist in verifying or ascertaining his or her identity for the purpose of proceedings under this Act and for no other purpose—

(a) take, or cause to be taken, his or her fingerprint,

(b) take, or cause to be taken, his or her palm print,

(2) Where a fingerprint, palm print or photograph taken pursuant to subsection (1) is lost or damaged, or is otherwise unsuitable for use for the purpose referred to in that subsection, it may be taken on a second or any further occasion.

(3) The powers conferred by subsection (1) shall not be exercised except on the authority of a member of the Garda Síochána not below the rank of inspector.

(4) A member of the Garda Síochána may, where a person fails or refuses to allow his or her fingerprint, palm print or photograph to be taken pursuant to subsection (1), use such force as he or she reasonably considers necessary to take the fingerprint, palm print or photograph or to cause the photograph to be taken.

(5) (a) The powers conferred by subsection (4) shall not be exercised except on the authority of a member of the Garda Síochána not below the rank of superintendent.

(b) An authorization pursuant to paragraph (a) may be given orally or in writing and if given orally shall be confirmed in writing as soon as practicable.

(6) Where a member of the Garda Síochána intends to exercise a power conferred by subsection (4), he or she shall inform the person—

(a) of that intention, and

(b) that an authorization to do so has been given pursuant to subsection (5)(a).

(7) Every fingerprint, palm print or photograph taken pursuant to subsection (4) shall be taken in the presence of a member of the Garda Síochána not below the rank of inspector.

(8) The taking of every fingerprint, palm print or photograph pursuant to subsection (4) shall be video-recorded.

(9) Every fingerprint, palm print or photograph of a person taken in pursuance of a power conferred by this section and every copy and record thereof shall be destroyed within the period of 12 months from the date of the taking of the fingerprint, palm print or photograph, as the case may be, or on the conclusion of proceedings under this Act in relation to the person, whichever occurs later.

(10) A person who obstructs a member of the Garda Síochána in exercise of the powers under this section shall be guilty of an offence and shall, on summary conviction, be liable to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 12 months or to both.

(11) Where a fingerprint, palm print or photograph of a person to whom a F112[relevant arrest warrant] relates is transmitted by or on behalf of an issuing judicial authority, such fingerprint, palm print or photograph shall be received in evidence without further proof.]

Annotations

Amendments:

F111
Inserted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 20(b), S.I. No. 330 of 2009.

F112
Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 35, in effect as per reg. 1(2).

F113[

Transfer of persons to state from which surrendered.

F114[45B. (1) Where a national or resident of another state from which he or she is surrendered—

(a) is surrendered to the State pursuant to a Trade and Cooperation Agreement arrest warrant or an arrest warrant within the meaning of the EU-Iceland Norway Agreement with a view to being prosecuted in the State, and

(b) whose surrender is subject to the condition that he or she, after being so prosecuted, is returned to that other state in order to serve any custodial sentence or detention order imposed upon him or her in the State,

the Minister shall, following the final determination of the proceedings and if the person consents, issue a warrant under section 5 of that Act for the transfer of the person from the State to that state in order to serve there any custodial sentence or detention order so imposed.

(2) Where a national or resident of another state from which he or she is surrendered—

(a) is surrendered to the State pursuant to a European arrest warrant with a view to being prosecuted in the State, and

(b) whose surrender is subject to the condition that he or she, after being so prosecuted, is returned to that other state in order to serve any sentence (within the meaning of the Act of 2023) imposed upon him or her in the State,

the Minister shall, following the final determination of the proceedings, forward the judgment in the proceedings together with a copy of a Framework Decision Certificate (within the meaning of the Act of 2023) to that other state in order for the person to serve there any sentence so imposed.

(3) For the purposes of subsection (1)—

(a) a reference to the administering state in the Act of 1995 shall be construed as a reference to the state from which a person under subsection (1) is surrendered,

(b) a person to whom subsection (1) applies shall be deemed to have made an application under section 4(1) of the Act of 1995, and

(c) the state from which the person under subsection (1) is surrendered shall be deemed to have agreed under section 4(3)(f) of the Act of 1995 to the transfer.

(4) For the purposes of subsection (2), Part 2 of the Act of 2023 shall apply in respect of a judgment referred to in that subsection as it applies to a judgment to which that Part applies, subject to the following modifications:

(a) the competent authority of the state from which a person under subsection (2) is surrendered shall be deemed to have made an application within the meaning of Part 2 of the Act of 2023;

(b) a reference in Part 2 of the Act of 2023 to the executing state shall be construed as a reference to the state from which a person under subsection (2) is surrendered;

(c) where paragraph (c) of section 14 of the Act of 2023 applies, the competent authority of the executing state shall be deemed to have given its consent under that provision;

(d) any other necessary modifications.

(5) In this section—

“Act of 1995” means the Transfer of Sentenced Persons Act 1995;

“Act of 2023” means the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023.]]

Annotations

Amendments:

F113
Inserted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 20(b), S.I. No. 330 of 2009.

F114
Substituted (3.05.2023) by Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023(3/2023), s. 75, S.I. No. 213 of 2023.

Editorial Notes:

E37
Previous affecting provision: subs. (1) amended (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 36, in effect as per reg. 1(2); substituted as per F-note above.

F115[

Technical flaws in applications for surrender.

F116[45C.— For the avoidance of doubt, an application for surrender under section 16 shall not be refused if the Court is satisfied that no injustice would be caused to the person even if—

(a) there is a defect in, or an omission of, a non-substantial detail in the F117[relevant arrest warrant] or any accompanying document grounding the application,

(b) there is a variance between any such document and the evidence adduced on the part of the applicant at the hearing of the application, so long as the Court is satisfied that the variance is explained by the evidence, or

(c) there has been a technical failure to comply with a provision of this Act, so long as the Court is satisfied that the failure does not impinge on the merits of the application.]]

Annotations

Amendments:

F115
Inserted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 20(b), S.I. No. 330 of 2009.

F116
Substituted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 24, commenced on enactment.

F117
Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 37, in effect as per reg. 1(2).

Immunity from prosecution.

46.—A person who, by virtue of his or her holding any office or other position, is under the law of the State immune from prosecution for any offence, shall not while he or she holds such office or position be surrendered under this Act.

PART 4

Miscellaneous

Amendment of section 3 of Act of 1965.

47.—Section 3 of the Act of 1965 is amended by—

(a) the insertion in subsection (1) of the following definition:

“ ‘country’ includes territories for whose external relations the country concerned is responsible;”,

(b) the substitution of the following subsection for subsection (1A):

“(1A) For the purposes of the amendments to this Act effected by Part 2 of the Extradition (European Union Conventions) Act 2001, ‘Convention country’ means—

(a) a country designated under section 4(1) of that Act, or

(b) in such provisions of this Act as are specified in an order under subsection (1A) (inserted by section 52 of the European Arrest Warrant Act 2003) of section 4 of the Extradition (European Union Conventions) Act 2001, a country designated by that order, to which the provisions so specified apply.”,

and

“(1B) For the purposes of the amendments to this Act effected by Part 3 of the Extradition (European Union Conventions) Act 2001, ‘Convention country’ means—

(a) a country designated under section 10(1) of that Act, or

(b) in such provisions of this Act as are specified in an order under subsection (1A) (inserted by section 52 of the European Arrest Warrant Act 2003) of section 10 of the Extradition (European Union Conventions) Act 2001, a country designated by that order, to which the provisions so specified apply.”.

Laying of orders under Act of 1965 before Houses of Oireachtas.

48.—The Act of 1965 is amended by the substitution of the following section for section 4 (inserted by section 21 of the Act of 2001):

“4.—Every order under section 8 of this Act made after the commencement of section 48 of the European Arrest Warrant Act 2003 shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.”.

Application of Part II of Act of 1965.

49.—Section 8 of the Act of 1965 is amended by—

(a) the substitution in subsection (1) of—

(i) “Minister is” for “Government are” where it first occurs, and

(ii) “Minister for Foreign Affairs may, after consultation with the Minister,” for “Government may”,

(b) the substitution in subsection (1A) (inserted by section 23 of the Act of 2001) of “Minister for Foreign Affairs may, after consultation with the Minister,” for “Government may”,

(c) the substitution in subsection (2) of “Minister for Foreign Affairs may, after consultation with the Minister”, for “Government may”,

(d) the substitution in subsection (6) of “Minister for Foreign Affairs may, after consultation with the Minister,” for “Government may”, and

(e) the insertion of the following subsection:

“(9) An order under this section in force immediately before the commencement of the European Arrest Warrant Act 2003 shall continue in force after such commencement as if made under this section (as amended by section 49 of that Act), and may be amended or revoked accordingly.”,

and the said section 8 as so amended is set out in the Table to this section.

TABLE

8.—(1) Where by any international agreement or convention to which the State is a party an arrangement (in this Act referred to as an extradition agreement) is made with another country for the surrender by each country to the other of persons wanted for prosecution or punishment or where the Minister is satisfied that reciprocal facilities to that effect will be afforded by another country, the Minister for Foreign Affairs may, after consultation with the Minister, by order apply this Part in relation to that country.

(1A) Where at any time after the making of an order under subsection (1) a country becomes a party to an extradition agreement to which that order applies, the Minister for Foreign Affairs may, after consultation with the Minister, by order so declare, and this Part shall, upon the making of the second-mentioned order, apply to that country.

(2) Where the Government have made an arrangement amending an extradition agreement the Minister for Foreign Affairs may, after consultation with the Minister, by order so declare and the extradition agreement shall thereupon have effect as so amended.

(3) An order relating to an extradition agreement (other than an order under subsection (1A) (inserted by section 23(a) of the Extradition (European Union Conventions) Act 2001)) shall recite or embody the terms of the agreement and shall be evidence of the making of the agreement and of its terms.

(3A) An order under subsection (1A) shall in relation to the extradition agreement concerned recite or embody the terms of any reservation or declaration entered to that agreement by a country to which the order applies, and shall be evidence of the reservation or declaration (if any) and of its terms.

(3B) An order under subsection (2) shall recite or embody the terms of the amendment and shall be evidence of the making of the arrangement amending the extradition agreement concerned and of the terms of the amendment.

(4) An order applying this Part in relation to any country otherwise than in pursuance of an extradition agreement, may be made subject to such conditions, exceptions and qualifications as may be specified in the order.

(5) Every extradition agreement and every order applying this Part otherwise than in pursuance of an extradition agreement shall, subject to the provisions of this Part, have the force of law in accordance with its terms.

(6) The Minister for Foreign Affairs may, after consultation with the Minister, by order revoke or amend an order under this section.

(7) On the revocation of an order applying this Part in relation to any country this Part shall cease to apply in relation to that country.

(8) A notice of the making of each order under this section shall be published in Iris Oifigiúil as soon as may be after it is made.

(9) An order under this section in force immediately before the commencement of the European Arrest Warrant Act 2003 shall continue in force after such commencement as if made under this section (as amended by section 49 of that Act) and may be amended or revoked accordingly.

Repeal of Part III of Act of 1965.

50.—(1) Part III of the Act of 1965 is repealed.

(2) Where, before the commencement of this Act, a warrant issued by a judicial authority in a place in relation to which Part III of the Act of 1965 applies was—

(a) produced to the Commissioner of the Garda Síochána for the purposes of section 43 of the Act of 1965, or

(b) endorsed for execution under that Part,

then, notwithstanding the repeal of the said Part III effected by subsection (1), that Part shall, on and after the said commencement, continue to apply in relation to that warrant and the person named in that warrant shall be dealt with under and in accordance with that Part.

Amendment of Extradition (European Convention on the Suppression of Terrorism) Act 1987.

51.—The Extradition (European Convention on the Suppression of Terrorism) Act 1987 is amended by the substitution of the following section for section 10:

“10.—(1) The Minister for Foreign Affairs may, after consultation with the Minister, by order direct that all or any of the provisions of this Act which would, apart from this section, apply only in relation to convention countries shall apply (subject to such exceptions, if any, as may be specified in the order) in relation to any country which is not a convention country and with which there is in force an extradition agreement (within the meaning of the Act of 1965) as they apply in relation to a convention country.

(2) The Minister for Foreign Affairs may, after consultation with the Minister, by order amend or revoke an order under this section including an order under this subsection.

(3) Every order under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to anything previously done thereunder.”.

Amendment of Act of 2001.

52.—The Act of 2001 is amended by—

(a) the insertion of the following subsection in section 4:

“(1A) The Minister for Foreign Affairs may by order designate a country (other than a Member State of the European Communities) as being deemed to have adopted in whole or in part the Convention of 1995 and any such order shall specify the provisions of this Part that apply to that country.”, and

(b) the insertion of the following subsection in section 10:

“(1A) The Minister for Foreign Affairs may by order designate a country (other than a Member State of the European Communities) as being deemed to have adopted in whole or in part the Convention of 1996 and any such order shall specify the provisions of this Part that apply to that country.”.

SCHEDULE

PART B

Text in the English language of Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States.

COUNCIL FRAMEWORK DECISION of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States

(2002/584/JHA)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treary on European Union, and in particular Article 31(a) and (b) and Article 34(2)(b) thereof,

Having regard to the proposal from the Commission(1),

Having regard to the opinion of the European Parliament(2),

Whereas:

(1) According to the Conclusions of the Tampere European Council of 15 and 16 October 1999, and in particular point 35 thereof, the formal extradition procedure should be abolished among the Member States in respect of persons who are fleeing from justice after having been finally sentenced and extradition procedures should be speeded up in respect of persons suspected of having committed an offence.

(2) The programme of measures to implement the principle of mutual recognition of criminal decisions envisaged in point 37 of the Tampere European Council Conclusions and adopted by the Council on 30 November 2000(3), addresses the matter of mutual enforcement of arrest warrants.

(3) All or some Member States are parties to a number of conventions in the field of extradition, including the European Convention on extradition of 13 December 1957 and the European Convention on the suppression of terrorism of 27 January 1977. The Nordic States have extradition laws with identical wording.

(4) In addition, the following three Conventions dealing in whole or in part with extradition have been agreed upon among Member States and form part of the Union acquis: the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at their common borders(4) (regarding relations between the Member States which are parties to that Convention), the Convention of 10 March 1995 on simplified extradition procedure between the Member States of the European Union(5) and the Convention of 27 September 1996 relating to extradition between the Member States of the European Union(6).

(5) The objective set for the Union to become an area of freedom, security and justice leads to abolishing extradition between Member States and replacing it by a system of surrender between judicial authorities. Further, the introduction of a new simplified system of surrender of sentenced or suspected persons for the purposes of execution or prosecution of criminal sentences makes it possible to remove the complexity and potential for delay inherent in the present extradition procedures. Traditional cooperation relations which have prevailed up till now between Member States should be replaced by a system of free movement of judicial decisions in criminal matters, covering both pre-sentence and final decisions, within an area of freedom, security and justice.

(6) The European arrest warrant provided for in this Framework Decision is the first concrete measure in the field of criminal law implementing the principle of mutual recognition which the European Council referred to as the “cornerstone” of judicial cooperation.

(7) Since the aim of replacing the system of multilateral extradition built upon the European Convention on Extradition of 13 December 1957 cannot be sufficiently achieved by the Member States acting unilaterally and can therefore, by reason of its scale and effects, be better achieved at Union level, the Council may adopt measures in accordance with the principle of subsidiarity as referred to in Article 2 of the Treaty on European Union and Article 5 of the Treaty establishing the European Community. In accordance with the principle of proportionality, as set out in the latter Article, this Framework Decision does not go beyond what is necessary in order to achieve that objective.

(8) Decisions on the execution of the European arrest warrant must be subject to sufficient controls, which means that a judicial authority of the Member State where the requested person has been arrested will have to take the decision on his or her surrender.

(9) The role of central authorities in the execution of a European arrest warrant must be limited to practical and administrative assistance.

(10) The mechanism of the European arrest warrant is based on a high level of confidence between Member States. Its implementation may be suspended only in the event of a serious and persistent breach by one of the Member States of the principle set out in Article 6(1) of the Treaty on European Union, determined by the Council pursuant to Article 7(1) of the said Treaty with the consequences set out in Article 7(2) thereof.

(11) In relations between Member States, the European arrest warrant should replace all the previous instruments concerning extradition, including the provisions of Title III of the Convention implementing the Schengen Agreement which concern extradition.

(12) This Framework Decision respects fundamental rights and observes the principles recognised by Article 6 of the Treaty on European Union and reflected in the Charter of Fundamental Rights of the European Union(1), in particular Chapter VI thereof. Nothing in this Framework Decision may be interpreted as prohibiting refusal to surrender a person for whom a European arrest warrant has been issued when there are reasons to believe, on the basis of objective elements, that the said arrest warrant has been issued for the purpose of prosecuting or punishing a person on the grounds of his or her sex, race, religion, ethnic origin, nationality, language, political opinions or sexual orientation, or that that person’s position may be prejudiced for any of these reasons.

This Framework Decision does not prevent a Member State from applying its constitutional rules relating to due process, freedom of association, freedom of the press and freedom of expression in other media.

(13) No person should be removed, expelled or extradited to a State where there is a serious risk that he or she would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment.

(14) Since all Member States have ratified the Council of Europe Convention of 28 January 1981 for the protection of individuals with regard to automatic processing of personal data, the personal data processed in the context of the implementation of this Framework Decision should be protected in accordance with the principles of the said Convention

HAS ADOPTED THIS FRAMEWORK DECISION:

CHAPTER 1

GENERAL PRINCIPLES

Article 1

Definition of the European arrest warrant and obligation to execute it

1. The European arrest warrant is a judicial decision issued by a Member State with a view to the arrest and surrender by another Member State of a requested person, for the purposes of conducting a criminal prosecution or executing a custodial sentence or detention order.

2. Member States shall execute any European arrest warrant on the basis of the principle of mutual recognition and in accordance with the provisions of this Framework Decision.

3. This Framework Decision shall not have the effect of modifying the obligation to respect fundamental rights and fundamental legal principles as enshrined in Article 6 of the Treaty on European Union.

Article 2

Scope of the European arrest warrant

1. A European arrest warrant may be issued for acts punishable by the law of the issuing Member State by a custodial sentence or a detention order for a maximum period of at least 12 months or, where a sentence has been passed or a detention order has been made, for sentences of at least four months.

2. The following offences, if they are punishable in the issuing Member State by a custodial sentence or a detention order for a maximum period of at least three years and as they are defined by the law of the issuing Member State, shall, under the terms of this Framework Decision and without verification of the double criminality of the act, give rise to surrender pursuant to a European arrest warrant:

— participation in a criminal organisation,

— terrorism,

— trafficking in human beings,

— sexual exploitation of children and child pornography,

— illicit trafficking in narcotic drugs and psychotropic substances,

— illicit trafficking in weapons, munitions and explosives,

— corruption,

— fraud, including that affecting the financial interests of the European Communities within the meaning of the Convention of 26 July 1995 on the protection of the European Communities’ financial interests,

— laundering of the proceeds of crime,

— counterfeiting currency, including of the euro,

— computer-related crime,

— environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties,

— facilitation of unauthorised entry and residence,

— murder, grievous bodily injury,

— illicit trade in human organs and tissue,

— kidnapping, illegal restraint and hostage-taking,

— racism and xenophobia,

— organised or armed robbery,

— illicit trafficking in cultural goods, including antiques and works of art,

— swindling,

— racketeering and extortion,

— counterfeiting and piracy of products,

— forgery of administrative documents and trafficking therein,

— forgery of means of payment,

— illicit trafficking in hormonal substances and other growth promoters,

— illicit trafficking in nuclear or radioactive materials,

— trafficking in stolen vehicles,

— rape,

— arson,

— crimes within the jurisdiction of the International Criminal Court,

— unlawful seizure of aircraft/ships,

— sabotage.

3. The Council may decide at any time, acting unanimously after consultation of the European Parliament under the conditions laid down in Article 39(1) of the Treaty on European Union (TEU), to add other categories of offence to the list contained in paragraph 2. The Council shall examine, in the light of the report submitted by the Commission pursuant to Article 34(3), whether the list should be extended or amended.

4. For offences other than those covered by paragraph 2, surrender may be subject to the condition that the acts for which the European arrest warrant has been issued constitute an offence under the law of the executing Member State, whatever the constituent elements or however it is described.

Article 3

Grounds for mandatory non-execution of the European arrest warrant

The judicial authority of the Member State of execution (hereinafter “executing judicial authority”) shall refuse to execute the European arrest warrant in the following cases:

1. if the offence on which the arrest warrant is based is covered by amnesty in the executing Member State, where that State had jurisdiction to prosecute the offence under its own criminal law;

2. if the executing judicial authority is informed that the requested person has been finally judged by a Member State in respect of the same acts provided that, where there has been sentence, the sentence has been served or is currently being served or may no longer be executed under the law of the sentencing Member State;

3. if the person who is the subject of the European arrest warrant may not, owing to his age, be held criminally responsible for the acts on which the arrest warrant is based under the law of the executing State.

Article 4

Grounds for optional non-execution of the European arrest warrant

The executing judicial authority may refuse to execute the European arrest warrant:

1. if, in one of the cases referred to in Article 2(4), the act on which the European arrest warrant is based does not constitute an offence under the law of the executing Member State; however, in relation to taxes or duties, customs and exchange, execution of the European arrest warrant shall not be refused on the ground that the law of the executing Member State does not impose the same kind of tax or duty or does not contain the same type of rules as regards taxes, duties and customs and exchange regulations as the law of the issuing Member State;

2. where the person who is the subject of the European arrest warrant is being prosecuted in the executing Member State for the same act as that on which the European arrest warrant is based;

3. where the judicial authorities of the executing Member State have decided either not to prosecute for the offence on which the European arrest warrant is based or to halt proceedings, or where a final judgment has been passed upon the requested person in a Member State, in respect of the same acts, which prevents further proceedings;

4. where the criminal prosecution or punishment of the requested person is statute-barred according to the law of the executing Member State and the acts fall within the jurisdiction of that Member State under its own criminal law;

5. if the executing judicial authority is informed that the requested person has been finally judged by a third State in respect of the same acts provided that, where there has been sentence, the sentence has been served or is currently being served or may no longer be executed under the law of the sentencing country;

6. if the European arrest warrant has been issued for the purposes of execution of a custodial sentence or detention order, where the requested person is staying in, or is a national or a resident of the executing Member State and that State undertakes to execute the sentence or detention order in accordance with its domestic law;

7. where the European arrest warrant relates to offences which:

(a) are regarded by the law of the executing Member State as having been committed in whole or in part in the territory of the executing Member State or in a place treated as such; or

(b) have been committed outside the territory of the issuing Member State and the law of the executing Member State does not allow prosecution for the same offences when committed outside its territory.

Article 5

Guarantees to be given by the issuing Member State in particular cases

The execution of the European arrest warrant by the executing judicial authority may, by the law of the executing Member State, be subject to the following conditions:

1. where the European arrest warrant has been issued for the purposes of executing a sentence or a detention order imposed by a decision rendered and if the person concerned has not been summoned in person or otherwise informed of the date and place of the hearing which led to the decision rendered in absentia, surrender may be subject to the condition that the issuing judicial authority gives an assurance deemed adequate to guarantee the person who is the subject of the European arrest warrant that he or she will have an opportunity to apply for a retrial of the case in the issuing Member State and to be present at the judgment;

2. if the offence on the basis of which the European arrest warrant has been issued is punishable by custodial life sentence or life-time detention order, the execution of the said arrest warrant may be subject to the condition that the issuing Member State has provisions in its legal system for a review of the penalty or measure imposed, on request or at the latest after 20 years, or for the application of measures of clemency to which the person is entitled to apply for under the law or practice of the issuing Member State, aiming at a non-execution of such penalty or measure;

3. where a person who is the subject of a European arrest warrant for the purposes of prosecution is a national or resident of the executing Member State, surrender may be subject to the condition that the person, after being heard, is returned to the executing Member State in order to serve there the custodial sentence or detention order passed against him in the issuing Member State.

Article 6

Determination of the competent judicial authorities

1. The issuing judicial authority shall be the judicial authority of the issuing Member State which is competent to issue a European arrest warrant by virtue of the law of that State.

2. The executing judicial authority shall be the judicial authority of the executing Member State which is competent to execute the European arrest warrant by virtue of the law of that State.

3. Each Member State shall inform the General Secretariat of the Council of the competent judicial authority under its law.

Article 7

Recourse to the central authority

1. Each Member State may designate a central authority or, when its legal system so provides, more than one central authority to assist the competent judicial authorities.

2. A Member State may, if it is necessary as a result of the organisation of its internal judicial system, make its central authority(ies) responsible for the administrative transmission and reception of European arrest warrants as well as for all other official correspondence relating thereto.

Member State wishing to make use of the possibilities referred to in this Article shall communicate to the General Secretariat of the Council information relating to the designated central authority or central authorities. These indications shall be binding upon all the authorities of the issuing Member State.

Article 8

Content and form of the European arrest warrant

1. The European arrest warrant shall contain the following information set out in accordance with the form contained in the Annex:

(a) the identity and nationality of the requested person;

(b) the name, address, telephone and fax numbers and e-mail address of the issuing judicial authority;

(c) evidence of an enforceable judgment, an arrest warrant or any other enforceable judicial decision having the same effect, coming within the scope of Articles 1 and 2;

(d) the nature and legal classification of the offence, particularly in respect of Article 2;

(e) a description of the circumstances in which the offence was committed, including the time, place and degree of participation in the offence by the requested person;

(f) the penalty imposed, if there is a final judgment, or the prescribed scale of penalties for the offence under the law of the issuing Member State;

(g) if possible, other consequences of the offence.

2. The European arrest warrant must be translated into the official language or one of the official languages of the executing Member State. Any Member State may, when this Framework Decision is adopted or at a later date, state in a declaration deposited with the General Secretariat of the Council that it will accept a translation in one or more other official languages of the Institutions of the European Communities.

CHAPTER 2

SURRENDER PROCEDURE

Article 9

Transmission of a European arrest warrant

1. When the location of the requested person is known, the issuing judicial authority may transmit the European arrest warrant directly to the executing judicial authority.

2. The issuing judicial authority may, in any event, decide to issue an alert for the requested person in the Schengen Information System (SIS).

3. Such an alert shall be effected in accordance with the provisions of Article 95 of the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of controls at common borders. An alert in the Schengen Information System shall be equivalent to a European arrest warrant accompanied by the information set out in Article 8(1).

For a transitional period, until the SIS is capable of transmitting all the information described in Article 8, the alert shall be equivalent to a European arrest warrant pending the receipt of the original in due and proper form by the executing judicial authority.

Article 10

Detailed procedures for transmitting a European arrest warrant

1. If the issuing judicial authority does not know the competent executing judicial authority, it shall make the requisite enquiries, including through the contact points of the European Judicial Network(1), in order to obtain that information from the executing Member State.

2. If the issuing judicial authority so wishes, transmission may be effected via the secure telecommunications system of the European Judicial Network.

3. If it is not possible to call on the services of the SIS, the issuing judicial authority may call on Interpol to transmit a European arrest warrant.

4. The issuing judicial authority may forward the European arrest warrant by any secure means capable of producing written records under conditions allowing the executing Member State to establish its authenticity.

5. All difficulties concerning the transmission or the authenticity of any document needed for the execution of the European arrest warrant shall be dealt with by direct contacts between the judicial authorities involved, or, where appropriate, with the involvement of the central authorities of the Member States.

6. If the authority which receives a European arrest warrant is not competent to act upon it, it shall automatically forward the European arrest warrant to the competent authority in its Member State and shall inform the issuing judicial authority accordingly.

Article 11

Rights of a requested person

1. When a requested person is arrested, the executing competent judicial authority shall, in accordance with its national law, inform that person of the European arrest warrant and of its contents, and also of the possibility of consenting to surrender to the issuing judicial authority.

2. A requested person who is arrested for the purpose of the execution of a European arrest warrant shall have a right to be assisted by a legal counsel and by an interpreter in accordance with the national law of the executing Member State.

Article 12

Keeping the person in detention

When a person is arrested on the basis of a European arrest warrant, the executing judicial authority shall take a decision on whether the requested person should remain in detention, in accordance with the law of the executing Member State. The person may be released provisionally at any time in conformity with the domestic law of the executing Member State, provided that the competent authority of the said Member State takes all the measures it deems necessary to prevent the person absconding.

Article 13

Consent to surrender

1. If the arrested person indicates that he or she consents to surrender, that consent and, if appropriate, express renunciation of entitlement to the “speciality rule”, referred to in Article 27(2), shall be given before the executing judicial authority, in accordance with the domestic law of the executing Member State.

2. Each Member State shall adopt the measures necessary to ensure that consent and, where appropriate, renunciation, as referred to in paragraph 1, are established in such a way as to show that the person concerned has expressed them voluntarily and in full awareness of the consequences. To that end, the requested person shall have the right to legal counsel.

3. The consent and, where appropriate, renunciation, as referred to in paragraph 1, shall be formally recorded in accordance with the procedure laid down by the domestic law of the executing Member State.

4. In principle, consent may not be revoked. Each Member State may provide that consent and, if appropriate, renunciation may be revoked, in accordance with the rules applicable under its domestic law. In this case, the period between the date of consent and that of its revocation shall not be taken into consideration in establishing the time limits laid down in Article 17. A Member State which wishes to have recourse to this possibility shall inform the General Secretariat of the Council accordingly when this Framework Decision is adopted and shall specify the procedures whereby revocation of consent shall be possible and any amendment to them.

Article 14

Hearing of the requested person

Where the arrested person does not consent to his or her surrender as referred to in Article 13, he or she shall be entitled to be heard by the executing judicial authority, in accordance with the law of the executing Member State.

Article 15

Surrender decision

1. The executing judicial authority shall decide, within the timelimits and under the conditions defined in this Framework Decision, whether the person is to be surrendered.

2. If the executing judicial authority finds the information communicated by the issuing Member State to be insufficient to allow it to decide on surrender, it shall request that the necessary supplementary information, in particular with respect to Articles 3 to 5 and Article 8, be furnished as a matter of urgency and may fix a time limit for the receipt thereof, taking into account the need to observe the time limits set in Article 17.

3. The issuing judicial authority may at any time forward any additional useful information to the executing judicial authority.

Article 16

Decision in the event of multiple requests

1. If two or more Member States have issued European arrest warrants for the same person, the decision on which of the European arrest warrants shall be executed shall be taken by the executing judicial authority with due consideration of all the circumstances and especially the relative seriousness and place of the offences, the respective dates of the European arrest warrants and whether the warrant has been issued for the purposes of prosecution or for execution of a custodial sentence or detention order.

2. The executing judicial authority may seek the advice of Eurojust(1) when making the choice referred to in paragraph 1.

3. In the event of a conflict between a European arrest warrant and a request for extradition presented by a third country, the decision on whether the European arrest warrant or the extradition request takes precedence shall be taken by the competent authority of the executing Member State with due consideration of all the circumstances, in particular those referred to in paragraph 1 and those mentioned in the applicable convention.

4. This Article shall be without prejudice to Member States’ obligations under the Statute of the International Criminal Court.

Article 17

Time limits and procedures for the decision to execute the European arrest warrant

1. A European arrest warrant shall be dealt with and executed as a matter of urgency.

2. In cases where the requested person consents to his surrender, the final decision on the execution of the European arrest warrant should be taken within a period of 10 days after consent has been given.

3. In other cases, the final decision on the execution of the European arrest warrant should be taken within a period of 60 days after the arrest of the requested person.

4. Where in specific cases the European arrest warrant cannot be executed within the time limits laid down in paragraphs 2 or 3, the executing judicial authority shall immediately inform the issuing judicial authority thereof, giving the reasons for the delay. In such case, the time limits may be extended by a further 30 days.

5. As long as the executing judicial authority has not taken a final decision on the European arrest warrant, it shall ensure that the material conditions necessary for effective surrender of the person remain fulfilled.

6. Reasons must be given for any refusal to execute a European arrest warrant.

7. Where in exceptional circumstances a Member State cannot observe the time limits provided for in this Article, it shall inform Eurojust, giving the reasons for the delay. In addition, a Member State which has experienced repeated delays on the part of another Member State in the execution of European arrest warrants shall inform the Council with a view to evaluating the implementation of this Framework Decision at Member State level.

Article 18

Situation pending the decision

1. Where the European arrest warrant has been issued for the purpose of conducting a criminal prosecution, the executing judicial authority must:

(a) either agree that the requested person should be heard according to Article 19;

(b) or agree to the temporary transfer of the requested person.

2. The conditions and the duration of the temporary transfer shall be determined by mutual agreement between the issuing and executing judicial authorities.

3. In the case of temporary transfer, the person must be able to return to the executing Member State to attend hearings concerning him or her as part of the surrender procedure.

Article 19

Hearing the person pending the decision

1. The requested person shall be heard by a judicial authority, assisted by another person designated in accordance with the law of the Member State of the requesting court.

2. The requested person shall be heard in accordance with the law of the executing Member State and with the conditions determined by mutual agreement between the issuing and executing judicial authorities.

3. The competent executing judicial authority may assign another judicial authority of its Member State to take part in the hearing of the requested person in order to ensure the proper application of this Article and of the conditions laid down.

Article 20

Privileges and immunities

1. Where the requested person enjoys a privilege or immunity regarding jurisdiction or execution in the executing Member State, the time limits referred to in Article 17 shall not start running unless, and counting from the day when, the executing judicial authority is informed of the fact that the privilege or immunity has been

waived. The executing Member State shall ensure that the material conditions necessary for effective surrender are fulfilled when the person no longer enjoys such privilege or immunity.

2. Where power to waive the privilege or immunity lies with an authority of the executing Member State, the executing judicial authority shall request it to exercise that power forthwith. Where power to waive the privilege or immunity lies with an authority of another State or international organisation, it shall be for the issuing judicial authority to request it to exercise that power.

Article 21

Competing international obligations

This Framework Decision shall not prejudice the obligations of the executing Member State where the requested person has been extradited to that Member State from a third State and where that person is protected by provisions of the arrangement under which he or she was extradited concerning speciality. The executing Member State shall take all necessary measures for requesting forthwith the consent of the State from which the requested person was extradited so that he or she can be surrendered to the Member State which issued the European arrest warrant. The time limits referred to in Article 17 shall not start running until the day on which these speciality rules cease to apply. Pending the decision of the State from which the requested person was extradited, the executing Member State will ensure that the material conditions necessary for effective surrender remain fulfilled.

Article 22

Notification of the decision

The executing judicial authority shall notify the issuing judicial authority immediately of the decision on the action to be taken on the European arrest warrant.

Article 23

Time limits for surrender of the person

1. The person requested shall be surrendered as soon as possible on a date agreed between the authorities concerned.

2. He or she shall be surrendered no later than 10 days after the final decision on the execution of the European arrest warrant.

3. If the surrender of the requested person within the period laid down in paragraph 2 is prevented by circumstances beyond the control of any of the Member States, the executing and issuing judicial authorities shall immediately contact each other and agree on a new surrender date. In that event, the surrender shall take place within 10 days of the new date thus agreed.

4. The surrender may exceptionally be temporarily postponed for serious humanitarian reasons, for example if there are substantial grounds for believing that it would manifestly endanger the requested person’s life or health. The execution of the European arrest warrant shall take place as soon as these grounds have ceased to exist. The executing judicial authority shall immediately inform the issuing judicial authority and agree on a new surrender date. In that event, the surrender shall take place within 10 days of the new date thus agreed.

5. Upon expiry of the time limits referred to in paragraphs 2 to 4, if the person is still being held in custody he shall be released.

Article 24

Postponed or conditional surrender

1. The executing judicial authority may, after deciding to execute the European arrest warrant, postpone the surrender of the requested person so that he or she may be prosecuted in the executing Member State or, if he or she has already been sentenced, so that he or she may serve, in its territory, a sentence passed for an act other than that referred to in the European arrest warrant.

2. Instead of postponing the surrender, the executing judicial authority may temporarily surrender the requested person to the issuing Member State under conditions to be determined by mutual agreement between the executing and the issuing judicial authorities. The agreement shall be made in writing and the conditions shall be binding on all the authorities in the issuing Member State.

Article 25

Transit

1. Each Member State shall, except when it avails itself of the possibility of refusal when the transit of a national or a resident is requested for the purpose of the execution of a custodial sentence or detention order, permit the transit through its territory of a requested person who is being surrendered provided that it has been given information on:

(a) the identity and nationality of the person subject to the European arrest warrant;

(b) the existence of a European arrest warrant;

(d) the description of the circumstances of the offence, including the date and place.

Where a person who is the subject of a European arrest warrant for the purposes of prosecution is a national or resident of the Member State of transit, transit may be subject to the condition that the person, after being heard, is returned to the transit Member State to serve the custodial sentence or detention order passed against him in the issuing Member State.

2. Each Member State shall designate an authority responsible for receiving transit requests and the necessary documents, as well as any other official correspondence relating to transit requests. Member States shall communicate this designation to the General Secretariat of the Council.

3. The transit request and the information set out in paragraph 1 may be addressed to the authority designated pursuant to paragraph 2 by any means capable of producing a written record. The Member State of transit shall notify its decision by the same procedure.

4. This Framework Decision does not apply in the case of transport by air without a scheduled stopover. However, if an unscheduled landing occurs, the issuing Member State shall provide the authority designated pursuant to paragraph 2 with the information provided for in paragraph 1.

5. Where a transit concerns a person who is to be extradited from a third State to a Member State this Article will apply mutatis mutandis. In particular the expression “European arrest warrant” shall be deemed to be replaced by “extradition request”.

CHAPTER 3

EFFECTS OF THE SURRENDER

Article 26

Deduction of the period of detention served in the executing Member State

1. The issuing Member State shall deduct all periods of detention arising from the execution of a European arrest warrant from the total period of detention to be served in the issuing Member State as a result of a custodial sentence or detention order being passed.

2. To that end, all information concerning the duration of the detention of the requested person on the basis of the European arrest warrant shall be transmitted by the executing judicial authority or the central authority designated under Article 7 to the issuing judicial authority at the time of the surrender.

Article 27

Possible prosecution for other offences

1. Each Member State may notify the General Secretariat of the Council that, in its relations with other Member States that have given the same notification, consent is presumed to have been given for the prosecution, sentencing or detention with a view to the carrying out of a custodial sentence or detention order for an offence committed prior to his or her surrender, other than that for which he or she was surrendered, unless in a particular case the executing judicial authority states otherwise in its decision on surrender.

2. Except in the cases referred to in paragraphs 1 and 3, a person surrendered may not be prosecuted, sentenced or otherwise deprived of his or her liberty for an offence committed prior to his or her surrender other than that for which he or she was surrendered.

3. Paragraph 2 does not apply in the following cases:

(a) when the person having had an opportunity to leave the territory of the Member State to which he or she has been surrendered has not done so within 45 days of his or her final discharge, or has returned to that territory after leaving it;

(b) the offence is not punishable by a custodial sentence or detention order;

(d) when the person could be liable to a penalty or a measure not involving the deprivation of liberty, in particular a financial penalty or a measure in lieu thereof, even if the penalty or measure may give rise to a restriction of his or her personal liberty;

(e) when the person consented to be surrendered, where appropriate at the same time as he or she renounced the speciality rule, in accordance with Article 13;

(f) when the person, after his/her surrender, has expressly renounced entitlement to the speciality rule with regard to specific offences preceding his/her surrender. Renunciation shall be given before the competent judicial authorities of the issuing Member State and shall be recorded in accordance with that State’s domestic law. The renunciation shall be drawn up in such a way as to make clear that the person has given it voluntarily and in full awareness of the consequences. To that end, the person shall have the right to legal counsel;

(g) where the executing judicial authority which surrendered the person gives its consent in accordance with paragraph 4.

4. A request for consent shall be submitted to the executing judicial authority, accompanied by the information mentioned in Article 8(1) and a translation as referred to in Article 8(2). Consent shall be given when the offence for which it is requested is itself subject to surrender in accordance with the provisions of this Framework Decision. Consent shall be refused on the grounds referred to in Article 3 and otherwise may be refused only on the grounds referred to in Article 4. The decision shall be taken no later than 30 days after receipt of the request.

For the situations mentioned in Article 5 the issuing Member State must give the guarantees provided for therein.

Article 28

Surrender or subsequent extradition

1. Each Member State may notify the General Secretariat of the Council that, in its relations with other Member States which have given the same notification, the consent for the surrender of a person to a Member State other than the executing Member State pursuant to a European arrest warrant issued for an offence committed prior to his or her surrender is presumed to have been given, unless in a particular case the executing judicial authority states otherwise in its decision on surrender.

2. In any case, a person who has been surrendered to the issuing Member State pursuant to a European arrest warrant may, without the consent of the executing Member State, be surrendered to a Member State other than the executing Member State pursuant to a European arrest warrant issued for any offence committed prior to his or her surrender in the following cases:

(a) where the requested person, having had an opportunity to leave the territory of the Member State to which he or she has been surrendered, has not done so within 45 days of his final discharge, or has returned to that territory after leaving it;

(b) where the requested person consents to be surrendered to a Member State other than the executing Member State pursuant to a European arrest warrant. Consent shall be given before the competent judicial authorities of the issuing Member State and shall be recorded in accordance with that State’s national law. It shall be drawn up in such a way as to make clear that the person concerned has given it voluntarily and in full awareness of the consequences. To that end, the requested person shall have the right to legal counsel;

(c) where the requested person is not subject to the speciality rule, in accordance with Article 27(3)(a), (e), (f) and (g).

3. The executing judicial authority consents to the surrender to another Member State according to the following rules:

(a) the request for consent shall be submitted in accordance with Article 9, accompanied by the information mentioned in Article 8(1) and a translation as stated in Article 8(2);

(b) consent shall be given when the offence for which it is requested is itself subject to surrender in accordance with the provisions of this Framework Decision;

(d) consent shall be refused on the grounds referred to in Article 3 and otherwise may be refused only on the grounds referred to in Article 4.

For the situations referred to in Article 5, the issuing Member State must give the guarantees provided for therein.

4. Notwithstanding paragraph 1, a person who has been surrendered pursuant to a European arrest warrant shall not be extradited to a third State without the consent of the competent authority of the Member State which surrendered the person. Such consent shall be given in accordance with the Conventions by which that Member State is bound, as well as with its domestic law.

Article 29

Handing over of property

1. At the request of the issuing judicial authority or on its own initiative, the executing judicial authority shall, in accordance with its national law, seize and hand over property which:

(a) may be required as evidence, or

(b) has been acquired by the requested person as a result of the offence.

2. The property referred to in paragraph 1 shall be handed over even if the European arrest warrant cannot be carried out owing to the death or escape of the requested person.

3. If the property referred to in paragraph 1 is liable to seizure or confiscation in the territory of the executing Member State, the latter may, if the property is needed in connection with pending criminal proceedings, temporarily retain it or hand it over to the issuing Member State, on condition that it is returned.

4. Any rights which the executing Member State or third parties may have acquired in the property referred to in paragraph 1 shall be preserved. Where such rights exist, the issuing Member State shall return the property without charge to the executing Member State as soon as the criminal proceedings have been terminated.

Article 30

Expenses

1. Expenses incurred in the territory of the executing Member State for the execution of a European arrest warrant shall be borne by that Member State.

2. All other expenses shall be borne by the issuing Member State.

CHAPTER 4

GENERAL AND FINAL PROVISIONS

Article 31

Relation to other legal instruments

1. Without prejudice to their application in relations between Member States and third States, this Framework Decision shall, from 1 January 2004, replace the corresponding provisions of the following conventions applicable in the field of extradition in relations between the Member States:

(a) the European Convention on Extradition of 13 December 1957, its additional protocol of 15 October 1975, its second additional protocol of 17 March 1978, and the European Convention on the suppression of terrorism of 27 January 1977 as far as extradition is concerned;

(b) the Agreement between the 12 Member States of the European Communities on the simplification and modernisation of methods of transmitting extradition requests of 26 May 1989;

(d) the Convention of 27 September 1996 relating to extradition between the Member States of the European Union;

(e) Title III, Chapter 4 of the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders.

2. Member States may continue to apply bilateral or multilateral agreements or arrangements in force when this Framework Decision is adopted in so far as such agreements or arrangements allow the objectives of this Framework Decision to be extended or enlarged and help to simplify or facilitate further the procedures for surrender of persons who are the subject of European arrest warrants.

Member States may conclude bilateral or multilateral agreements or arrangements after this Framework Decision has come into force in so far as such agreements or arrangements allow the prescriptions of this Framework Decision to be extended or enlarged and help to simplify or facilitate further the procedures for surrender of persons who are the subject of European arrest warrants, in particular by fixing time limits shorter than those fixed in Article 17, by extending the list of offences laid down in Article 2(2), by further limiting the grounds for refusal set out in Articles 3 and 4, or by lowering the threshold provided for in Article 2(1) or (2).

The agreements and arrangements referred to in the second subparagraph may in no case affect relations with Member States which are not parties to them.

Member States shall, within three months from the entry into force of this Framework Decision, notify the Council and the Commission of the existing agreements and arrangements referred to in the first subparagraph which they wish to continue applying.

Member States shall also notify the Council and the Commission of any new agreement or arrangement as referred to in the second subparagraph, within three months of signing it.

3. Where the conventions or agreements referred to in paragraph 1 apply to the territories of Member States or to territories for whose external relations a Member State is responsible to which this Framework Decision does not apply, these instruments shall continue to govern the relations existing between those territories and the other Members States.

Article 32

Transitional provision

1. Extradition requests received before 1 January 2004 will continue to be governed by existing instruments relating to extradition. Requests received after that date will be governed by the rules adopted by Member States pursuant to this Framework Decision. However, any Member State may, at the time of the adoption of this Framework Decision by the Council, make a statement indicating that as executing Member State it will continue to deal with requests relating to acts committed before a date which it specifies in accordance with the extradition system applicable before 1 January 2004. The date in question may not be later than 7 August 2002. The said statement will be published in the Official Journal of the European Communities. It may be withdrawn at any time.

Article 33

Provisions concerning Austria and Gibraltar

1. As long as Austria has not modified Article 12(1) of the “Auslieferungs~ und Rechtshilfegesetz” and, at the latest, until 31 December 2008, it may allow its executing judicial authorities to refuse the enforcement of a European arrest warrant if the requested person is an Austrian citizen and if the act for which the European arrest warrant has been issued is not punishable under Austrian law.

2. This Framework Decision shall apply to Gibraltar.

Article 34

Implementation

1. Member States shall take the necessary measures to comply with the provisions of this Framework Decision by 31 December 2003.

2. Member States shall transmit to the General Secretariat of the Council and to the Commission the text of the provisions transposing into their national law the obligations imposed on them under this Framework Decision. When doing so, each Member State may indicate that it will apply immediately this Framework Decision in its relations with those Member States which have given the same notification.

The General Secretariat of the Council shall communicate to the Member States and to the Commission the information received pursuant to Article 7(2), Article 8(2), Article 13(4) and Article 25(2). It shall also have the information published in the Official Journal of the European Communities.

3. On the basis of the information communicated by the General Secretariat of the Council, the Commission shall, by 31 December 2004 at the latest, submit a report to the European Parliament and to the Council on the operation of this Framework Decision, accompanied, where necessary, by legislative proposals.

4. The Council shall in the second half of 2003 conduct a review, in particular of the practical application, of the provisions of this Framework Decision by the Member States as well as the functioning of the Schengen Information System.

Article 35

Entry into force

This Framework Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.

Done at Luxembourg, 13 June 2002.

For the Council

The President

M. RAJOY BREY

ANNEX

EUROPEAN ARREST WARRANT(1)

This warrant has been issued by a competent judicial authority. I request that the person mentioned below be arrested and surrendered for the purposes of conducting a criminal prosecution or executing a custodial sentence or detention order.

(a) Information regarding the identity of the requested person: …………………………………………………… ………………………………………..

Name: …………………………………………………… …………………………………………………… ………………………………………………..

Forename(s): …………………………………………………… …………………………………………………… …………………………………………

Maiden name, where applicable:…………………………………………………… …………………………………………………… …………………..

Aliases, where applicable: …………………………………………………… …………………………………………………… …………………………

Sex: …………………………………………………… …………………………………………………… …………………………………………………..

Nationality: …………………………………………………… …………………………………………………… ………………………………………….

Date of birth: …………………………………………………… …………………………………………………… ………………………………………..

Place of birth: …………………………………………………… …………………………………………………… ……………………………………….

Residence and/or known address: …………………………………………………… …………………………………………………… …………………

Language(s) which the requested person understands (if known): …………………………………………………… ………………………………….

…………………………………………………… …………………………………………………… …………………………………………………… ……

Distinctive marks/description of the requested person: …………………………………………………… ……………………………………………..

…………………………………………………… …………………………………………………… …………………………………………………… ……

Photo and fingerprints of the requested person, if they are available and can be transmitted, or contact details of the person to be contacted in order to obtain such information or a DNA profile (where this evidence can be supplied but has not been included)

(b) Decision on which the warrant is based:

1. Arrest warrant or judicial decision having the same effect: …………………………………………………… ………………………………………….

Type: …………………………………………………… …………………………………………………… …………………………………………………

2. Enforceable judgement: …………………………………………………… …………………………………………………… …………………………….

…………………………………………………… …………………………………………………… …………………………………………………… ……

Reference: …………………………………………………… …………………………………………………… …………………………………………….

1. Maximum length of the custodial sentence or detention order which may be imposed for the offence(s):

…………………………………………………… …………………………………………………… …………………………………………………… ………..

2. Length of the custodial sentence or detention order imposed:

…………………………………………………… …………………………………………………… …………………………………………………… ………..

Remaining sentence to be served: …………………………………………………… …………………………………………………… ………………..

…………………………………………………… …………………………………………………… …………………………………………………… ……

(d) Decision rendered in absentia and:

— the person concerned has been summoned in person or otherwise informed of the date and place of the hearing which led to the decision rendered in absentia,

— the person concerned has not been summoned in person or otherwise informed of the date and place of the hearing which led to the decision rendered in absentia but has the following legal guarantees after surrender (such guarantees can be given in advance)

Specify the legal guarantees

…………………………………………………… …………………………………………………… …………………………………………………… ………..

(e) Offences:

This warrant relates to in total: …………………………………………………… ……… offences.

Description of the circumstances in which the offence(s) was (were) committed, including the time, place and degree of participation in the offence(s) by the requested person:

…………………………………………………… …………………………………………………… …………………………………………………… ………..

Nature and legal classification of the offence(s) and the applicable statutory provision/code:

…………………………………………………… …………………………………………………… …………………………………………………… ………..

1. If applicable, tick one or more of the following offences punishable in the issuing Member State by a custodial sentence or detention order of a maximum of at least 3 years as defined by the laws of the issuing Member State:

□ participation in a criminal organisation;

□ terrorism;

□ trafficking in human beings;

□ sexual exploitation of children and child pornography;

□ illicit trafficking in narcotic drugs and psychotropic substances;

□ illicit trafficking in weapons, munitions and explosives;

□ corruption;

□ fraud, including that affecting the financial interests of the European Communities within the meaning of the Convention of 26 July 1995 on the protection of European Communities’ financial interests;

□ laundering of the proceeds of crime;

□ counterfeiting of currency, including the euro;

□ computer-related crime;

□ environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties;

□ facilitation of unauthorised entry and residence;

□ murder, grievous bodily injury;

□ illicit trade in human organs and tissue;

□ kidnapping, illegal restraint and hostage-taking;

□ racism and xenophobia;

□ organised or armed robbery;

□ illicit trafficking in cultural goods, including antiques and works of art;

□ swindling;

□ racketeering and extortion;

□ counterfeiting and piracy of products;

□ forgery of administrative documents and trafficking therein;

□ forgery of means of payment;

□ illicit trafficking in hormonal substances and other growth promoters;

□ illicit trafficking in nuclear or radioactive materials;

□ trafficking in stolen vehicles;

□ rape;

□ arson;

□ crimes within the jurisdiction of the International Criminal Court;

□ unlawful seizure of aircraft/ships;

□ sabotage.

II. Full descriptions of offence(s) not covered by section I above:

…………………………………………………… …………………………………………………… …………………………………………………… ………..

(f) Other circumstances relevant to the case (optional information):

(NB: This could cover remarks on extraterritoriality, interruption of periods of time limitation and other consequences of the offence)

…………………………………………………… …………………………………………………… …………………………………………………… ………..

(g) This warrant pertains also to the seizure and handing over of property which may be required as evidence:

This warrant pertains also to the seizure and handing over of property acquired by the requested person as a result of the offence:

Description of the property (and location) (if known):

…………………………………………………… …………………………………………………… …………………………………………………… ……

(h) The offence(s) on the basis of which this warrant has been issued is(are) punishable by/has(have) led to a custodial life sentence or lifetime detention order:

— the legal system of the issuing Member State allows for a review of the penalty or measure imposed — on request or at least after 20 years — aiming at a non-execution of such penalty or measure,

and/or

— the legal system of the issuing Member State allow for the application of measures of elemency to which the person is entitled under the law or practice of the issuing Member State, aiming at non-execution of such penalty of measure.

(i) The judicial authority which issued the warrant:

Official name:

Name of its representative(1):

…………………………………………………… …………………………………………………… …………………………………………………… ……

Post held (title/grade): …………………………………………………… …………………………………………………… ……………………………..

…………………………………………………… …………………………………………………… …………………………………………………… ……

File reference: …………………………………………………… …………………………………………………… ………………………………………..

Address: …………………………………………………… …………………………………………………… ……………………………………………..

Tel: (country code) (area/city code) (…) …………………………………………………… …………………………………………………… …………

Fax: (country code) (area/city code) (…) …………………………………………………… …………………………………………………… …………

E-mail: …………………………………………………… …………………………………………………… ………………………………………………

Contact details of the person to contact to make necessary practical arrangements for the surrender: …………………………………………….

…………………………………………………… …………………………………………………… …………………………………………………… ……

Where a central authority has been made responsible for the transmission and administrative reception of European arrest warrants:

Name of the central authority: …………………………………………………… …………………………………………………… …………………….

…………………………………………………… …………………………………………………… …………………………………………………… ……

Contact person, if applicable (title/grade and name): …………………………………………………… ………………………………………………..

…………………………………………………… …………………………………………………… …………………………………………………… ……

Address: …………………………………………………… …………………………………………………… …………………………………………….

…………………………………………………… …………………………………………………… …………………………………………………… ……

Tel: (country code) (area/city code) (…) …………………………………………………… …………………………………………………… …………

Fax: (country code) (area/city code) (…) …………………………………………………… …………………………………………………… …………

E-mail: …………………………………………………… …………………………………………………… ……………………………………………….

Signature of the issuing judicial authority and/or its representative:

…………………………………………………… …………………………………………………… …………………………………………………… ………..

Name: …………………………………………………… …………………………………………………… …………………………………………………… .

Post held (title/grade) …………………………………………………… …………………………………………………… …………………………………..

Date: …………………………………………………… …………………………………………………… …………………………………………………… .

Official stamp (if available)

(1) OJ C 332 E, 27.11.2001, p. 305.

(2) Opinion delivered on 9 January 2002 (not yet published in the Official Journal).

(3) OJ C 12 E, 15.1.2001, p. 10.

(4) OJ L 239, 22.9.2000, p. 19.

(5) OJ C 78, 30.3.1995, p. 2.

(6) OJ C 313, 13.10.1996, p. 12.

EUROPEAN ARREST WARRANT (APPLICATION TO THIRD COUNTRIES AND AMENDMENT) AND EXTRADITION (AMENDMENT) ACT 2012

REVISED

Updated to 30 March 2021

AN ACT TO PROVIDE FOR THE APPLICATION OF PROVISIONS OF THE EUROPEAN ARREST WARRANT ACT 2003 TO STATES OTHER THAN MEMBER STATES IN CERTAIN CIRCUMSTANCES; TO AMEND THE EUROPEAN ARREST WARRANT ACT 2003; TO AMEND THE EXTRADITION ACT 1965, THE EXTRADITION (AMENDMENT) ACT 1987 AND THE EXTRADITION (AMENDMENT) ACT 1994; TO GIVE EFFECT TO ARTICLE 2 OF COUNCIL FRAMEWORK DECISION 2009/299/JHA OF 26 FEBRUARY 2009 1 AMENDING FRAMEWORK DECISIONS 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA AND 2008/947/JHA, THEREBY ENHANCING THE PROCEDURAL RIGHTS OF PERSONS AND FOSTERING THE APPLICATION OF THE PRINCIPLE OF MUTUAL RECOGNITION TO DECISIONS RENDERED IN THE ABSENCE OF THE PERSON CONCERNED AT THE TRIAL; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.

[24th July, 2012]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART 1

PRELIMINARY AND GENERAL

Short title and collective citation.

1.— (1) This Act may be cited as the European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012.

(2) The European Arrest Warrant Act 2003 and Part 2 of this Act may be cited as the European Arrest Warrant Acts 2003 and 2012.

(3) The Extradition Acts 1965 to 2001 and Part 4 of this Act may be cited as the Extradition Acts 1965 to 2012.

PART 2

APPLICATION TO THIRD COUNTRIES OF EUROPEAN ARREST WARRANT ACT 2003

Order.

2.— (1) In this section—

“Act of 2003” means the European Arrest Warrant Act 2003;

“European Union” has the same meaning as it has in the European Communities Act 1972;

F1[…]

F2[‘relevant Member State’ has the same meaning as it has in the Act of 2003;]

F3[‘third country’ means a country other than the State or a relevant Member State;]

(2) Subject to subsections (3) and (4), the Minister for Foreign Affairs and Trade, after consultation with the Minister for Justice and Equality, may by order provide that all or any of the provisions of the Act of 2003 which would, apart from this section, apply only in relation to F3[relevant Member States] shall apply in relation to a third country.

(3) The Minister for Foreign Affairs and Trade may make an order under subsection (2) only where there is in force an agreement between the third country concerned and the European Union for the surrender of persons wanted for prosecution or punishment.

(4) The Minister for Foreign Affairs and Trade may include, in an order under subsection (2), only such conditions, exceptions and qualifications to the Act of 2003 in relation to the third country concerned as are contained in the agreement referred to in subsection (3).

(5) An order under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling it is passed by either such House within the next 21 days on which that House has sat after the order has been laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.

Annotations:

Amendments:

F1
Deleted (30.03.2021) by European Union (European Arrest Warrant Act 2003) Regulations 2001 (S.I. No. 150 of 2021), reg. 39(a)(i), in effect as per reg. 1(2).

F2
Inserted (30.03.2021) by European Union (European Arrest Warrant Act 2003) Regulations 2001 (S.I. No. 150 of 2021), reg. 39(a)(ii), in effect as per reg. 1(2).

F3
Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) Regulations 2001 (S.I. No. 150 of 2021), reg. 39(a)(iii), 39(b), in effect as per reg. 1(2).

Editorial Notes:

E1
Power pursuant to subs. (2) exercised (31.12.2020 at 11:00pm) by European Arrest Warrant (Application to Third Countries) (United Kingdom) Order 2020 (S.I. No. 720 of 2020), in effect as per reg. 1(2).

E2
Power pursuant to subs. (2) exercised (15.09.2020) by European Arrest Warrant (Application to Third Countries) (Iceland and Norway) Order 2020 (S.I. No. 346 of 2020).

S.I. No. 4/2004 –

European Arrest Warrant Act 2003 (Designated Member States) Order 2004

I, BRIAN COWEN, Minister for Foreign Affairs, in the exercise of the powers conferred on me by section 3 of the European Arrest Warrant Act 2003 , hereby order as follows:

1. This Order may be cited as the European Arrest Warrant Act 2003 (Designated Member States) Order 2004.

2. The Member States specified in the Schedule to this Order are designated for the purposes of the European Arrest Warrant Act 2003 .

SCHEDULE

Belgium

Denmark

Finland

Portugal

Spain

Sweden

United Kingdom of Great Britain & Northern Ireland

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GIVEN under the Official Seal of the Minister for Foreign Affairs, this 1st day of January, 2004.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

S.I. No. 130/2004 –

European Arrest Warrant Act 2003 (Designated Member States) (No. 2) Order 2004

I, BRIAN COWEN, Minister for Foreign Affairs, in the exercise of the powers conferred on me by section 3 of the European Arrest Warrant Act 2003 (No. 45 of 2003), hereby order as follows:

1. This Order may be cited as the European Arrest Warrant Act 2003 (Designated Member States) (No. 2) Order 2004.

2. The Member States specified in the Schedule to this Order are designated for the purposes of the European Arrest Warrant Act 2003 (No. 45 of 2003).

SCHEDULE

France

Luxembourg

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GIVEN under the Official Seal of the Minister for Foreign Affairs, this 2nd day of April, 2004.

BRIAN COWEN,

Minister for Foreign Affairs.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The effect of this Order is to designate, for the purposes of the enabling Act, those EU Member States that have, under their respective national laws, given effect to the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member Sates since the making of the European Arrest Warrant Act 2003 (Designated Member States) Order 2004 ( S.I. No. 4 of 2004 ) of 1 January 2004.

S.I. No. 206/2004 –

European Arrest Warrant Act 2003 (Designated Member States) (No. 3) Order 2004

I, BRIAN COWEN, Minister for Foreign Affairs, in the exercise of the powers conferred on me by section 3 of the European Arrest Warant Act 2003 (No. 45 of 2003), hereby order as follows:

1. This Order may be cited as the European Arrest Warrant Act 2003 (Designated Member States) (No. 3) Order 2004.

2. The Member States specified in the Schedule to this Order are designated for the purposes of the European Arrest Warrant Act 2003 (No. 45 of 2003).

SCHEDULE

Austria

Cyprus

Hungary

Lithuania

Poland

Slovenia

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GIVEN under the Official Seal of the Minister for Foreign Affairs this 5th day of May, 2004.

BRIAN COWEN,

Minister for Foreign Affairs.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The effect of the Order is to designate, for the purposes of the enabling Act, those EU Member States that have, under their respective national laws, given effect to the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States since the making of the European Arrest Warrant Act 2003 (Designated Member States) (No. 2) Order 2004 of 2 April 2004.

S.I. No. 400/2004 –

European Arrest Warrant Act 2003 (Designated Member States) (No. 4) Order 2004

I, BRIAN COWEN, Minister for Foreign Affairs, in the exercise of the powers conferred on me by section 3 of the European Arrest Warrant Act 2003 (No. 45 of 2003), hereby order as follows:

1. This Order may be cited as the European Arrest Warrant Act 2003 (Designated Member States) (No. 4) Order 2004.

2. The Member States specified in the Schedule to this Order are designated for the purposes of the European Arrest Warrant Act 2003 (No. 45 of 2003).

SCHEDULE

Malta

The Netherlands

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GIVEN under the Official Seal of the Minister for Foreign Affairs this 24th day of June, 2004.

BRIAN COWEN,

Minister for Foreign Affairs.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

S.I. No. 449/2004 –

European Arrest Warrant Act 2003 (Designated Member States) (No. 5) Order 2004

I, BRIAN COWEN, Minister for Foreign Affairs, in the exercise of the powers conferred on me by section 3 of the European Arrest Warrant Act 2003 (No. 45 of 2003), hereby order as follows:

1. This Order may be cited as the European Arrest Warrant Act 2003 (Designated Member States) (No. 5) Order 2004.

2. The Member States specified in the Schedule to this Order are designated for the purposes of the European Arrest Warrant Act 2003 (No. 45 of 2003).

SCHEDULE

Estonia

Greece

Latvia

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GIVEN under the Official Seal of the Minister for Foreign Affairs this 21st day of July, 2004.

BRIAN COWEN,

Minister for Foreign Affairs.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

S.I. No. 449/2004 –

European Arrest Warrant Act 2003 (Designated Member States) (No. 5) Order 2004

I, BRIAN COWEN, Minister for Foreign Affairs, in the exercise of the powers conferred on me by section 3 of the European Arrest Warrant Act 2003 (No. 45 of 2003), hereby order as follows:

1. This Order may be cited as the European Arrest Warrant Act 2003 (Designated Member States) (No. 5) Order 2004.

2. The Member States specified in the Schedule to this Order are designated for the purposes of the European Arrest Warrant Act 2003 (No. 45 of 2003).

SCHEDULE

Estonia

Greece

Latvia

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GIVEN under the Official Seal of the Minister for Foreign Affairs this 21st day of July, 2004.

BRIAN COWEN,

Minister for Foreign Affairs.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

S.I. No. 27/2005 –

European Arrest Warrant Act 2003 (Designated Member States) Order 2005

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STATUTORY INSTRUMENTS

S.I. No. 27 of 2005

EUROPEAN ARREST WARRANT ACT 2003 (DESIGNATED MEMBER STATES) ORDER 2005

S.I. No. 27 of 2005

EUROPEAN ARREST WARRANT ACT 2003 (DESIGNATED MEMBER STATES) ORDER 2005

I, DERMOT AHERN, Minister for Foreign Affairs, in the exercise of the powers conferred on me by section 3 of the European Arrest Warrant Act 2003 ( No. 45 of 2003 ) hereby order as follows:

1. This Order may be cited as the European Arrest Warrant Act 2003 (Designated Member States) Order 2005.

2. The Member States specified in the Schedule to this Order are designated for the purposes of the European Arrest Warrant Act 2003 (No. 45 of 2003).

SCHEDULE

Czech Republic

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GIVEN under the Official Seal of the Minister for Foreign Affairs this 25th day of January, 2005.

DERMOT AHERN,

Minister for Foreign Affairs.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The effect of the Order is to designate, for the purposes of the enabling Act, those EU Member States that have under their respective national laws, given effect to the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States since the making of the European Arrest rant Act 2003 (Designated Member States) (No. 6 Order 2004 ( S.I. No. 532 of 2004 ) of 31 August 2004.

S.I. No. 59/2007 –

European Arrest Warrant Act 2003 (Designated Member States) (No. 2) Order 2007

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STATUTORY INSTRUMENTS

S.I. No 59 of 2007

EUROPEAN ARREST WARRANT ACT 2003 (DESIGNATED MEMBER STATES) (No. 2) ORDER 2007

I, Dermot Ahern, Minister for Foreign Affairs, in the exercise of the powers conferred on me by section 3 of the European Arrest Warrant Act 2003 (No. 45 of 2003), hereby order as follows:

1. This Order may be cited as the European Arrest Warrant Act 2003 (Designated Member States) (No. 2) Order 2007.

2. The European Arrest Warrant Act 2003 (Designated Member States) Order 2007 (SI No. 18 of 2007) is hereby revoked.

3. The Member States specified in the Schedule to this Order are designated for the purposes of the European Arrest Warrant Act 2003 (No. 45 of 2003).

SCHEDULE

Bulgaria

Romania

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GIVEN under the Official Seal of the Minister for Foreign Affairs this 13th day of February 2007.

Dermot Ahern

Minister for Foreign Affairs

EXPLANATORY MEMORANDUM

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The effect of this Order is to designate, for the purposes of the enabling Act, those EU Member States that have, under their respective national laws, given effect to the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States since the making of the European Arrest Warrant Act 2003 (Designated Member States) (No. 2) Order 2005 of 15 May 2005.

S.I. No. 84/2014 –

European Arrest Warrant Act 2003 (Designated Member States) Order 2014.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 18th February, 2014.

I, EAMON GILMORE, Minister for Foreign Affairs and Trade, in exercise of the powers conferred on me by section 3 of the European Arrest Warrant Act 2003 (No. 45 of 2003) (as adapted by the Foreign Affairs (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 246 of 2011 )), hereby make the following order:

1. This Order may be cited as the European Arrest Warrant Act 2003 (Designated Member States) Order 2014.

2. The Member State specified in the Schedule is designated for the purposes of the European Arrest Warrant Act 2003 (No. 45 of 2003).

SCHEDULE

Republic of Croatia

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GIVEN under my Official Seal,

12 February 2014.

EAMON GILMORE,

Minister for Foreign Affairs and Trade.

EXPLANATORY NOTE

(This note is not part of the Regulations and does not purport to be a legal interpretation.)

The effect of this Order is to designate, for the purposes of the enabling Act, the Republic of Croatia, as an EU Member State that has, under its national law, given effect to the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between the Member States.
S.I. No. 372/2019 –

Extradition Act 1965 (Application Of Part II) (Revocation) Order 2019

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 2nd August, 2019.

I, SIMON COVENEY, Minister for Foreign Affairs and Trade, in exercise of the powers conferred on me by section 8(6) (amended by section 49 (d) of the European Arrest Warrant Act 2003 (No. 45 of 2003)) of the Extradition Act 1965 (No. 17 of 1965) (as adapted by the Foreign Affairs (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 246 of 2011 )), and after consultation with the Minister for Justice and Equality, hereby order as follows:

1. (1) This Order may be cited as the Extradition Act 1965 (Application of Part II) (Revocation) Order 2019.

(2) This Order shall come into operation on 22 July 2019.

2. The following are revoked:

(a) the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 );

(b) the Extradition Act 1965 (Application of Part II) (Amendment) Order 2002 ( S.I. No. 173 of 2002 );

(d) the Extradition Act 1965 (Application of Part II) (Amendment) (No. 2) Order 2003 ( S.I. No. 649 of 2003 );

(e) the Extradition Act 1965 (Application of Part II) (Amendment) Order 2004 ( S.I. No. 587 of 2004 );

(f) the Extradition Act 1965 (Application of Part II) (Amendment) (No. 2) Order 2004 ( S.I. No. 725 of 2004 );

(g) the Extradition Act 1965 (Application of Part II) (Amendment) Order 2005 ( S.I. No. 374 of 2005 );

(h) the Extradition Act 1965 (Application of Part II) (Amendment) Order 2009 ( S.I. No. 9 of 2009 );

(i) the Extradition Act 1965 (Application of Part II) (Amendment) Order 2010 ( S.I. No. 45 of 2010 ).

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GIVEN under my Official Seal,

18 July, 2019.

SIMON COVENEY,

Minister for Foreign Affairs and Trade.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The effect of this Order is to revoke the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) and subsequent amending orders made under section 8 of the enabling Act.

S.I. No. 719/2020 –

European Arrest Warrant Act 2003 (Designated Member States) (Amendment) Order 2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th January, 2021.

WHEREAS on 29 March 2017 the United Kingdom of Great Britain and Northern Ireland (referred to subsequently in these recitals as “the United Kingdom”) notified the European Council of its intention to withdraw from the European Union and the European Atomic Energy Community in accordance with Article 50 of the Treaty on European Union;

AND WHEREAS an Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (referred to subsequently in these recitals as “the Agreement”) was signed at Brussels and London on 24 January 2020, and entered into force on 1 February 2020 in accordance with Article 185 thereof;

AND WHEREAS pursuant to Article 50 of the Treaty on European Union, in conjunction with Article 106a of the Treaty establishing the European Atomic Energy Community, and subject to the arrangements laid down in the Agreement, the law of the European Union and of the European Atomic Energy Community ceased to apply to the United Kingdom from the date of entry into force of the Agreement;

AND WHEREAS the Agreement provides for a transition period that, in accordance with Article 126 of the Agreement, started on the date of entry into force of the Agreement and shall end on 31 December 2020;

AND WHEREAS Article 62(1)(b) of the Agreement provides that Council Framework Decision 2002/584/JHA of 13 June 20021 on the European arrest warrant and the surrender procedures between Member States shall apply in respect of European arrest warrants where the requested person was arrested before the end of the transition period for the purposes of the execution of a European arrest warrant, irrespective of the decision of the executing judicial authority as to whether the requested person is to remain in detention or be provisionally released;

NOW I, SIMON COVENEY, Minister for Foreign Affairs, in exercise of the powers conferred on me by section 3 of the European Arrest Warrant Act 2003 (No. 45 of 2003), hereby order as follows:

1. This Order may be cited as the European Arrest Warrant Act 2003 (Designated Member States) (Amendment) Order 2020.

2. This Order shall come into operation at 11:00 p.m. on the 31st day of December 2020.

3. The European Arrest Warrant Act 2003 (Designated Member States) Order 2004 ( S.I. No. 4 of 2004 ) is amended –

(a) by the insertion of the following Article after Article 2:

“2A. (1) The United Kingdom of Great Britain and Northern Ireland is, in respect of a European arrest warrant that satisfies the conditions specified in paragraph (2), designated for the purposes of the European Arrest Warrant Act 2003 (No. 45 of 2003).

(2) In relation to a European arrest warrant, the conditions referred to in paragraph (1) are –

(a) that the European arrest warrant has been issued by a judicial authority in the United Kingdom of Great Britain and Northern Ireland, and

(b) that the person in respect of whom the European arrest warrant is issued is arrested before 11:00 p.m. on the 31st day of December 2020 for the purposes of the execution of the European arrest warrant.”, and

(b) in the Schedule, by the deletion of “United Kingdom of Great Britain & Northern Ireland”.

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GIVEN under my Official Seal,

31 December, 2020.

SIMON COVENEY,

Minister for Foreign Affairs.

EXPLANATOR NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The purpose of this order is to amend the European Arrest Warrant Act 2003 (Designated Member States) Order 2004 ( S.I. No. 4 of 2004 ) in light of the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union, and the expiry of the transition period provided for under the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community.

1 OJ L 190, 18.7.2002, p. 1

S.I. No. 346/2020 –

European Arrest Warrant (Application to Third Countries) (Iceland and Norway) Order 2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 18th September, 2020.

WHEREAS, by the Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway, done at Vienna on 28 June 20061 (referred to subsequently in these recitals as “the Agreement”), the European Union entered into an agreement with third countries (being Iceland and Norway) for the surrender of persons wanted for prosecution or punishment;

AND WHEREAS the Agreement, pursuant to Article 38(4) thereof, entered into force on 1 November 2019;

NOW I, SIMON COVENEY, Minister for Foreign Affairs and Trade, in exercise of the powers conferred on me by section 2(2) of the European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (No. 30 of 2012), after consultation with the Minister for Justice and Equality, hereby order as follows:

1. This Order may be cited as the European Arrest Warrant (Application to Third Countries) (Iceland and Norway) Order 2020.

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GIVEN under my Official Seal,

15 September, 2020.

SIMON COVENEY,

Minister for Foreign Affairs and Trade.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order applies the provisions of the European Arrest Warrant Act 2003 (No. 45 of 2003) to Iceland and Norway, in light of the entry into force of the Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway.

1 OJ No. L 292, 21.10.2006, p. 2

S.I. No. 720/2020 –

European Arrest Warrant (Application to Third Countries) (United Kingdom) Order 2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th January, 2021.

WHEREAS the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (referred to subsequently in these recitals as “the Agreement”) was done at Brussels and London on 30 December 2020;

AND WHEREAS Title VII of Part Three of the Agreement provides for the surrender of persons wanted for prosecution or punishment;

AND WHEREAS Article LAW.SURR.112 of the Agreement provides that the said Title VII shall apply in respect of European arrest warrants issued in accordance with Council Framework Decision 2002/584/JHA1 by a State before the end of the transition period (being the period that ends at 11.00 p.m. on the 31st day of December 2020) where the requested person has not been arrested for the purpose of its execution before the end of the transition period;

AND WHEREAS Article FINPROV.11 of the Agreement provides for the entry into force and for the provisional application of the Agreement;

AND WHEREAS, the Parties to the Agreement having notified each other that their respective internal procedures necessary for provisional application have been completed, the Agreement, in accordance with the said Article FINPROV.11, shall be provisionally applied from 11.00 p.m. on the 31st day of December 2020;

NOW I, SIMON COVENEY, Minister for Foreign Affairs, in exercise of the powers conferred on me by section 2 (2) of the European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (No. 30 of 2012) (as adapted by the Foreign Affairs and Trade (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 382 of 2020 )), after consultation with the Minister for Justice, hereby order as follows:

1. (1) This Order may be cited as the European Arrest Warrant (Application to Third Countries) (United Kingdom) Order 2020.

(2) This Order shall come into operation at 11.00 p.m. on the 31st day of December 2020.

2. In this Order –

“Act of 2003” means the European Arrest Warrant Act 2003 (No. 45 of 2003);

“Agreement” means the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, done at Brussels and London on 30 December 2020;

“European arrest warrant” has the meaning it has in the Act of 2003.

(a) that the European arrest warrant has been issued by a judicial authority in the United Kingdom of Great Britain and Northern Ireland before 11.00 p.m. on the 31st day of December 2020, and

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GIVEN under my Official Seal,

31 December, 2020.

SIMON COVENEY,

Minister for Foreign Affairs.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order applies the provisions of the European Arrest Warrant Act 2003 (No. 45 of 2003) to the United Kingdom of Great Britain and Northern Ireland, in light of the coming into operation of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (‘the Agreement’).

The Agreement provides for the surrender of persons wanted for prosecution or punishment as between the Member States of the European Union and the United Kingdom at Title VII of Part 3.

1 OJ No. L190 of 18.7.2002, p.1

Rules of the Superion Courts

Order 98

European Arrest Warrant Act 2003 Extradition Acts 1965 to 2001 International Criminal Court Act 2006, Part 3

I. Preliminary

1.^[1] (1) In this Order:

the “1965 Act” means the Extradition Act 1965, as amended;

the “2003 Act” means the European Arrest Warrant Act 2003;

the “2006 Act” means the International Criminal Court Act 2006;

“Convention country” shall have the same meaning as in the 1965 Act;

“ICC” means the International Criminal Court established by Article 1 of the Statute of the International Criminal Court, done at Rome on 17 July 1998;

“Minister” means the Minister for Justice and Equality;

“Rome Statute” means the Rome Statute of the International Criminal Court, done at Rome on 17 July 1998.

(2) Words and expressions contained in rules 2 to 9 inclusive of this Order shall, where the context so admits, have the same meaning as in the 2003 Act.

(3) Words and expressions contained in rules 18 to 25 inclusive of this Order shall, where the context so admits, have the same meaning as in the 2006 Act.

II. Endorsement of European arrest warrant and procedure following arrest on foot of European Arrest Warrant

2. (1) An application by the Central Authority in the State pursuant to section 13 of the 2003 Act for the endorsement of a European arrest warrant shall be made to the Court by motion ex-parte.

(2) On making such application, the Central Authority in the State shall produce for the Court the European arrest warrant concerned, or a facsimile copy or a true copy thereof.

(3) Where a European arrest warrant (or, where section 13(2)(b) of the 2003 Act applies, a facsimile copy or a true copy of a European arrest warrant, as the case may be) is endorsed for execution pursuant to section 13 of the 2003 Act the endorsement shall be in the following form:

“This warrant is endorsed for execution pursuant to Order of the High Court.

Dated the [ • ] day of [ • ] 2[ • ]

Signed: [ • ]

Registrar”

3. (1) Where a person arrested under a European arrest warrant is brought before the Court in accordance with section 13(5) of the 2003 Act, the Court shall fix a date for the purposes of section 16 of the 2003 Act not later than 21 days from the date of the person’s arrest, and shall remand the person in custody or on bail to that date or to such earlier date as the Court shall direct.

(2) The provisions of rule 15 of Order 84 shall apply to an application for bail made by a person arrested under a European arrest warrant.

(3) Where in any case the Court remands the person in custody in accordance with the provisions of the 2003 Act the committal warrant shall be in writing in the Form No 1, Appendix AA.

III. Consent to surrender under the 2003 Act

4. Where a person arrested under a European arrest warrant endorsed by the Court consents to being surrendered to the issuing State pursuant to section 15 of the 2003 Act, the consent to surrender given by the person shall be in writing in the Form No 2, Appendix AA. Where the Court considers it appropriate, it may direct that a translation of that form in a language specified by the Court be provided to the person for signature.

IV. Procedure on refusal or withdrawal of consent to surrender under the 2003 Act

5. (1) Where a person does not consent to his or her surrender to the issuing State, or withdraws his or her consent under section 15(9) of the 2003 Act, he shall be at liberty, not later than 4 days before the date fixed for the purposes of section 16 of the 2003 Act, to deliver to the solicitor for the Central Authority in the State and file in the Central Office, Points of Objection to his or her surrender.

(2) Points of Objection shall contain a statement in summary form of the grounds and of the material facts on which the person relies to resist the execution of the European arrest warrant but not the evidence by which such material facts are to be proved.

(3) Where a person withdraws his or her consent to surrender, such withdrawal shall be notified in writing by on behalf of the person as soon as may be to the governor or person in charge of the prison or other place where the person is detained or to the solicitor for the Central Authority in the State and thereafter the person shall be brought before the Court on the date fixed for the purposes of section 16 of the 2003 Act.

6. On the date fixed pursuant to rule 3(1) of this Order the Court shall make an order directing that the person be surrendered to such other person as is duly authorised by the issuing State to receive him or her or, where Points of Objection have been delivered, shall fix a date for the purpose of a hearing of the Points of Objection and shall remand the person for that purpose and shall make such directions as to the delivery of affidavits and otherwise as seem appropriate.

V. Evidence and discovery of documents under the 2003 Act

7. Evidence at the hearing fixed for the purposes of section 16 of the 2003 Act shall be adduced on affidavit save where the Court, in urgent cases or if the interests of justice so require, otherwise directs.

8. (1) A party to proceedings under the 2003 Act may apply to the Court on notice for an order directing any other party or other person to make discovery of the documents which are or have been in his possession or power, relating to any matter in question therein.

(2) On an application made under sub rule 1, the Court may, on such terms as it thinks fit, order that the party or other person from whom discovery is sought shall deliver to the opposite party a list of the documents which are or have been, in his possession, custody or power, relating to the matters in question in such proceedings, or to such matters in question as are specified in the Court’s order.

(3) An order shall not be made under this rule if and so far as the Court shall be of the opinion that it is not necessary either for disposing fairly of the cause or matter or for saving costs.

(4) An application for an order under sub-rule 1 directing any party or other person to make discovery shall not be made unless (a) the applicant for same shall, not later than 7 days before making the application, have previously applied by letter in writing requesting that discovery be made voluntarily, specifying the precise categories of documents in respect of which discovery is sought and furnishing the reasons why each category of documents is required to be discovered and (b) the party or person requested has, as of the time the application is made, failed, refused or neglected to make such discovery or has ignored such request.

Provided that in any case where by reason of the urgency of the matter or the consent of the parties, the nature of the case or any other circumstances which to the Court seem appropriate, the Court may make such order as appears proper, without the necessity for such prior application in writing.

VI. Application for issue of European arrest warrant

9. (1) Subject to sub-rule 2, an application under section 33(1) of the 2003 Act by or on behalf of the Director of Public Prosecutions to the Court to issue a European arrest warrant in respect of a person shall be made ex parte grounded on an affidavit of a person duly authorised on behalf of the applicant. A European arrest warrant issued pursuant to such application shall, in so far as is practicable, be in the form set out in the Annex to the Framework Decision and shall contain the information therein set out and such information as is required by section 33(2) of the 2003 Act or, where it is not practicable for the European arrest warrant to be in such form, shall contain the information set out in section 33(3) of the 2003 Act.

(2) The Court may, in cases of urgency, hear an application under section 33(1) of the 2003 Act on oral evidence.

VII. Proceedings under the 1965 Act

10. A warrant issued by the Court under section 26(1)(b) of the 1965 Act for the arrest of the person therein named shall be in writing in the Form No 3, Appendix AA.

11. An information sworn before the Court under section 27(1) of the 1965 Act shall be in the Form No 4, Appendix AA.

12. A warrant issued by the Court under section 27(1) of the 1965 Act for the arrest of the person therein named shall be in writing in the Form No 5, Appendix AA. Where a Judge issues a warrant under section 27(1) of the 1965 Act, the Registrar shall forthwith notify the Minister of the issue of the warrant.

13. A notice under section 27(5) of the 1965 Act informing the Minister of the issue of a warrant under section 27 of the 1965 Act shall be in the Form No 6, Appendix AA.

14. A warrant issued by the Court under section 27(6) of the 1965 Act remanding a person in custody pending the production of a certificate of the Minister under section 26(1)(a) of the 1965 Act shall be in writing in the Form No 7, Appendix AA.

15. Where a person arrested under a warrant issued under section 26 or section 27 of the 1965 Act is before the Court in accordance with that Act, and the Court makes an order pursuant to section 29(1) of the 1965 Act, the committal warrant shall be in writing in the Form No 8, Appendix AA. Where the Court makes such order, or makes an order pursuant to section 27(6) of the 1965 Act, the Registrar shall forthwith notify the Minister of the making of same.

16. The certificate of committal required under section 29(3)(b) of the 1965 Act to be sent to the Minister shall be in the Form No 9, Appendix AA.

17. (1) Where a person brought before the Court pursuant to a warrant issued under section 26 or section 27 of the 1965 Act consents to being surrendered pursuant to section 31 of the 1965 Act, the consent to surrender given by a person shall be in writing in the Form No 10, Appendix AA. Where the Court considers it appropriate, it may direct that a translation of that form in a language specified by the Court be provided to the person for signature.

(2) Where a person brought before the Court pursuant to a warrant issued under section 26 or section 27 of the 1965 Act, on foot of a request from a Convention country, consents to being surrendered pursuant to section 29A(3) of the 1965 Act, the consent to surrender given by a person shall be in writing in the Form No 11, Appendix AA. Where such a person consents to the Minister giving his consent under section 20(1)(a)(i) of the 1965 Act, such consent may be endorsed on the form of consent as given pursuant to section 29A(3) of the 1965 Act in the Form No 12, Appendix AA. Where the Court considers it appropriate, it may direct that a translation of Form No 11 or Form No 12 in a language specified by the Court be provided to the person for signature.

(3) The record in writing of a consent to surrender made by the Court in accordance with section 29A(4) of the 1965 Act shall be in the Form No 13, Appendix AA.

IX.^[2] Requests by International Criminal Court for Arrest and Surrender of Persons under Part 3 of the 2006 Act

18. (1) In this rule, “surrender proceedings” has the same meaning as in section 18 of the 2006 Act.

(2) A notification by the Minister under section 18(2), section 18(3) or section 18(4) of the 2006 Act shall be in writing addressed to the Registrar.

(3) Where a notification under section 18(2) of the 2006 Act is received, the Registrar shall cause the surrender proceedings concerned to be listed before the Court on notice to the applicant in the surrender proceedings and to the person to whom the surrender proceedings and the request relates for the purpose of considering the making of an order in accordance with section 18(2) of the 2006 Act pending a decision by the Minister in accordance with Article 90 of the Rome Statute.

(4) Where a notification under section 18(3) of the 2006 Act is received, the Registrar shall cause the surrender proceedings concerned to be listed before the Court on notice to the applicant in the surrender proceedings and to the person to whom the surrender proceedings and the request relates for the purpose of considering the making of an order in accordance with section 18(3) of the 2006 Act.

(5) Where a notification under section 18(4) of the 2006 Act is received, the Registrar shall copy the notification to the applicant in the surrender proceedings and to the person to whom the surrender proceedings relates.

19. A warrant of the Court issued pursuant to section 20 of the 2006 Act for a person’s arrest shall be in writing in the Form No 14, Appendix AA. Where the Court issues a warrant pursuant to section 20 of the 2006 Act, the Registrar shall forthwith notify the Minister in writing of the issue of the warrant.

20. (1) The sworn information of a member of the Garda Síochána for the purposes of an application for a provisional arrest warrant pursuant to section 22 of the 2006 Act shall be in writing in the Form No 15, Appendix AA.

(2) A provisional arrest warrant issued pursuant to section 22 of the 2006 Act for a person’s arrest shall be in writing in the Form No 16, Appendix AA. Where the Court issues a provisional arrest warrant pursuant to section 22 of the 2006 Act, the Registrar shall forthwith notify the Minister in writing of the issue of the warrant.

(3) A notification by the Minister under section 22(3) of the 2006 Act shall be in writing addressed to the Registrar.

(4) Where in any case the Court remands a person in custody in accordance with the provisions of section 24(1) of the 2006 Act, the committal warrant shall be in writing in the Form No 17, Appendix AA.

Surrender under the 2006 Act

21. (1) Where a person has been arrested in accordance with a warrant issued under section 20 or section 22 of the 2006 Act and:

(a) the person consents to being surrendered to the custody of the International Criminal Court or, as the case may be, the person shall notify the Registrar in writing of his or her intention to consent to surrender, or

(b) the consent to surrender is given by a person who is deemed appropriate for that purpose by the Court in accordance with section 29(4) of the 2006 Act, the consent to surrender shall be recorded in writing before the Court in the Form No 18, Appendix AA.

(2) The Registrar shall forthwith notify the Minister in writing of any notification pursuant to sub-rule (1)(a) and shall forthwith provide the Minister with a copy of every consent given before the Court pursuant to sub-rule (1).

(3) Where a person who has consented to his or her surrender withdraws his or her consent to surrender, such withdrawal shall be notified in writing by or on behalf of the person as soon as may be to the governor or person in charge of the prison or other place where the person is detained or to the Minister and thereafter the person shall be brought before the Court on the date fixed for the purposes of section 25 of the 2006 Act or, if no such date has yet been fixed, shall be brought before the Court as soon as practicable for the purpose of fixing such a date.

22. (1) Where a person arrested under section 23 of the 2006 Act is brought before the Court in accordance with section 23 of the 2006 Act, and the Court is satisfied that the requirements of section 23(4) and section 23(5) of that Act have been satisfied, the Court:

(a) may receive a consent referred to in rule 21 and make a surrender order accordingly, or

(b) in any other case, shall fix a date for the purposes of section 25 of the 2006 Act not later than 21 days from the date of the person’s arrest, and shall remand the person in custody or on bail to that date or to such earlier date as the Court shall direct.

(2) Where a person does not consent to his or her surrender to the custody of the International Criminal Court (or, as the case may be, of the state of enforcement) in accordance with section 29(1) of the 2006 Act, or withdraws his or her consent under section 29(6)(a) of the 2006 Act before a surrender order has been made by the Court:

(a) he shall be at liberty, not later than 4 days before the date fixed for the purposes of section 25 of the 2006 Act, to deliver to the Minister and file in the Central Office, Points of Objection to his or her surrender, and

(b) where he or she intends to make a challenge to admissibility before the Court on the basis of the principle of ne bis in idem as provided for in Article 89(2) of the Rome Statute (and as referred to in section 25(2)(a)(ii) of the 2006 Act), he shall immediately notify the Minister and the Registrar in writing of such intention, and the Registrar shall forthwith copy such written notification to the Minister.

(3) Points of Objection shall:

(a) contain a statement in summary form of the grounds and the material facts on which the person relies to resist the making of a surrender order under section 25 of the 2006 Act, but not the evidence by which such material facts are to be proved, and

(b) where any determination or declaration under section 25(3) of the 2006 Act is sought, specify the determination or declaration sought by the person.

(4) Without prejudice to the generality of sub-rule (3):

(a) where the person has made a challenge before the International Criminal Court to the admissibility of a case on grounds referred to in Article 17 or 89(2) of the Rome Statute or to the International Criminal Court’s jurisdiction in the case, the Points of Objection shall include particulars of the challenge (or supplementary Points of Objection shall be delivered and lodged including such particulars), and

(b) where the person intends to make a challenge to admissibility before the Court on the basis of the principle of ne bis in idem, as provided for in Article 89(2), the Points of Objection shall contain a summary statement of the grounds for such challenge and the material facts on which the person relies in support of such challenge, but not the evidence by which such material facts are to be proved (or supplementary Points of Objection shall be delivered and lodged including such statement).

23. (1) On the date fixed pursuant to rule 22(1), or any adjournment from that date, the Court may:

(a) receive a consent referred to in rule 21 and make a surrender order accordingly;

(b) where Points of Objection have been delivered, fix a date for the purpose of a hearing of the Points of Objection and in such case, shall remand the person for that purpose and shall make such directions as to the delivery of affidavits and otherwise as seem appropriate;

(c) whether or not Points of Objection have been delivered, adjourn the proceedings in any case in which it is satisfied that a challenge referred to in section 25(2)(a)(i) of the 2006 Act has been made and not determined;

(d) whether or not Points of Objection have been delivered, hear and determine a challenge referred to in section 25(2)(a)(ii) of the 2006 Act, or adjourn the proceedings pending the determination by the Court of such a challenge;

(e) hear and determine an application for any determination or declaration under section 25(3) of the 2006 Act;

(f) make a surrender order for the surrender of the person into the custody of the International Criminal Court or, as the case may be, of the state of enforcement.

(2) The Registrar shall forthwith send a written notification to the Minister of the making of any determination or declaration in accordance with section 25(3) of the 2006 Act.

(3) The Registrar shall forthwith send a copy of any surrender order made by the Court to the Minister in accordance with section 25(4)(c) of the 2006 Act.

24. An application pursuant to section 33(2) of the 2006 Act by or on behalf of a person awaiting surrender who has not been surrendered and conveyed out of the State in accordance with section 33(1) of the 2006 Act shall, unless the Court otherwise directs or permits, be by motion on two clear days’ notice to the Minister.

25. (1) An application for bail by a person in custody pursuant to the 2006 Act shall be by motion on notice to the Minister grounded on the affidavit of the applicant.

(2) The Registrar shall send a copy of any motion lodged for issue under sub-rule (1) to the Pre-Trial Chamber of the International Criminal Court for the purposes of section 26(2)(a)(i) of the 2006 Act.

(3) The application shall be entitled:

THE HIGH COURT

IN THE MATTER OF A REQUEST BY THE INTERNATIONAL CRIMINAL COURT FOR THE SURRENDER OF [ • ]

BAIL APPLICATION

or to the appropriate effect.

(4) Where an applicant has no solicitor, the Court may dispense with the necessity for a notice of motion (provided it is satisfied that notice of the application has been given to the Minister and the Pre-Trial Chamber) and affidavit, and in lieu thereof shall give all appropriate directions including a direction that the applicant be brought before the Court on a date and at a time to be specified, of which the Minister and the Pre-Trial Chamber shall be notified, and for the purpose of giving such directions, the Court may hear the applicant.

[1] Order 98 rules 1(1) and 1(2) substituted as rules 1(1) to 1(3) by SI 117 of 2013, effective 15 April 2013.

[2] Order 98 rules 18 to 25 inserted by SI 117 of 2013, effective 15 April 2013.