Reform history

“Act of 1994” means the Criminal Justice Act 1994;

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

“territory of the State” includes a vessel registered in the State;

(3) For convenience of reference, the text of the Agreement in the English language is set out in the *Schedule*.

(2) An order that is in force under *subsection (1)* shall be evidence that any state specified in the order is a Convention state which is a party to the Agreement.

(4) An order under this section shall, as soon as may be after it is made, be laid before each House of the Oireachtas.

(*a*) is registered in a Convention state which is a party to the Agreement, and

shall be entitled to communicate with the authorities of the Convention state concerned and the owner or operator of the vessel for the purpose of notifying them that the vessel has been boarded.

(2) An enforcement officer may prevent or delay communication under *subsection (1)* if he or she is satisfied that such communication would obstruct the investigation of an offence.

(*a*) a vessel registered in a Convention state which is a party to the Agreement—

(ii) is taken by an enforcement officer to a port in the State,

the person shall be brought before the High Court as soon as possible, unless there are no longer reasonable grounds for suspecting that the person has committed the offence for which he or she was arrested, in which case the person shall be released forthwith.

(*a*) a person who has been arrested,

(2) A request may be transmitted by facsimile transmission or other electronic means.

(*a*) a request under the Agreement for the surrender of the person has been duly made, and

(*a*) inform the person to whom it relates that he or she will not be surrendered, except with his or her consent, until the expiry of 15 days after the committal date.

(*c*) inform the person that he or she may, if not surrendered, be liable to proceedings in the State arising out of the circumstances which led to or followed the arrest, and

(5) Sections 10 and 11 of the Criminal Justice Act 1960 shall apply to a person committed to a remand institution under this section.

(*a*) on the authority of the Minister for Foreign Affairs under section 35(4) of the Act of 1994, or

(*b*) under an agreement referred to in section 35(5) of that Act.

(*a*) on the authority of the Minister for Foreign Affairs under section 35(4) of the Act of 1994, or

any person who does or fails to do anything in relation to that person which, if done or not done in relation to an enforcement officer, would constitute an offence is guilty of that offence, and section 36 (jurisdiction and prosecutions in relation to offences on ships) of the Act of 1994 shall apply and have effect accordingly, with any necessary modifications.

(2) A person on board a vessel—

(4) References in *subsections (2)* and *(3)* to the exercise of powers by an enforcement officer are to the exercise of those powers outside the outer limit of the territorial seas of the State.

(2) Where it orders that proceedings be suspended, the High Court may make such other orders as are appropriate to give effect to the application by the Minister, including the revocation of any warrant of arrest issued in connection with the proceedings.

(3) For the purpose of considering an application under *subsection (1)*, the High Court may order the adjournment of the proceedings for such period or periods, and on such conditions, as it thinks fit.

be surrendered to such person as in the Minister's opinion is duly authorised by the requesting Convention state to receive him or her.

(*b*) any other authority in that state that appears to the Minister to have the function of making such arrangements.

(*a*) the surrender of the vessel,

(2) Any person to whom an order under *subsection (1)* directs a vessel or thing to be surrendered may receive, hold in custody and convey out of the State the vessel or thing so surrendered.

(*a*) the expiry of 15 days from the date of committal, or

whichever is the later.

(*a*) the date of that person's committal under *section 9*, or

the Court may fix a period within which the person may be surrendered, and he or she shall be released from custody under this Act if not conveyed out of the State within that period.

(*a*) there are no longer reasonable grounds for suspecting that the person has committed the offence in respect of which he or she has been remanded,

the Minister shall order the release of the person, vessel or thing, as the case may be, and the person, vessel or thing shall be released forthwith.

(*a*) a Convention state which is a party to the Agreement has requested, in the exercise of its preferential jurisdiction, the surrender of a person who has been arrested under Article 10.1 of the Agreement for an offence, and

the surrender of the person shall be refused unless that state gives such assurances as the Minister considers sufficient that the death penalty will not be carried out.

(*a*) the person shall continue to be liable to complete the term of imprisonment to which he or she has been sentenced by the court in the State, and

(*b*) if the sentence has not expired, the person shall be transferred in custody to the place where he or she is liable to be imprisoned under that sentence.

(2) Where the Minister receives from a Convention state a notification of the detention of a person or the seizure of a vessel or thing under Article 10.2 of the Agreement together with a summary of the evidence of any alleged drug trafficking offences in accordance with Article 13.1 of the Agreement, the Minister, after consultation with the Director of Public Prosecutions, shall decide whether the State should exercise its preferential jurisdiction with respect to the person, vessel or thing; and, if any such jurisdiction is exercised, the Director of Public Prosecutions may apply to a judge of the District Court for a warrant for the arrest of the person detained or for the handing over of the vessel or thing seized.

(4) A warrant for any alleged offence referred to in *subsection (2)* may be issued, and the offence may for all incidental purposes be treated as having been committed, in any place in the State.

(2) In any proceedings under this Act a document purporting to be a request by a Convention state which is a party to the Agreement for the surrender of a person or to have been furnished in support of such a request shall, without further proof, be admissible in evidence if it purports to be signed by a person authorised by the law of the requesting Convention state to sign the document.

(6) Requests, other communications and supporting documents shall be made in, or accompanied by a translation into, the Irish language or English language.

(*a*) in section 3(1)—

(ii) by the substitution of the following for the definition of “ship”:

(*b*) by the substitution of the following section for section 33:

(*c*) in section 35—

(*e*) in paragraph 4 of the First Schedule to the Act, by the substitution for “an offence mentioned in section 33 or 34 of this Act” of “a drug trafficking offence”.

(2) This Act shall come into operation on such day or days as the Minister may fix either generally or with reference to any particular purpose or provision.