European Arrest Warrant Act 2003

PART 1 Preliminary and General

1. 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.

2. 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;

F2[…]

F3["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,]

F4["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 2006^2, approved on behalf of the European Union by Council Decision of 27 November 2014^3;]

F5["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/JHA^2;]

“European arrest warrant” means a warrant, order or decision of a judicial authority of a F6[relevant Member State], issued under such laws as give effect to the Framework Decision in that F6[relevant Member State], for the arrest and surrender by the State to that F6[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 F6[relevant Member State];

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

F7[…]

F8["flag" means the addition to an alert by the SIRENE Bureau of a Member State, the Republic of Iceland or the Kingdom of Norway, pertaining to a European arrest warrant, to the effect that an action to be taken on the basis of the alert in accordance with Article 24 or 25 of the SIS Regulation will not be taken in the State;]

“Framework Decision” means Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between F6[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;

F6["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;]

F6["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;

F6["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;

F4["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;]

F4["relevant arrest warrant" means—

(a) a European arrest warrant,

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

(c) an arrest warrant within the meaning of the EU-Iceland Norway Agreement;

"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;]

F8["remand centre" has the same meaning as it has in section 3 of the Children Act 2001;]

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 theF9[SIS Regulation];

F8["SIRENE Bureau", in relation to a Member State, the Republic of Iceland or the Kingdom of Norway, means the authority designated by the Member State, the Republic of Iceland or the Kingdom of Norway, as the case may be, in accordance with Article 7 of the SIS Regulation to perform the functions referred to in that Article;]

"SIS" means the system referred to in Title IV of the Schengen Convention or, as appropriate, the system established under Chapter 1 of theF9[SIS Regulation];]

F8["SIS Regulation" means Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018^3on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU, as amended by Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019^4, Regulation (EU) 2021/1133 of the European Parliament and of the Council of 7 July 2021^5, Regulation (EU) 2021/1150 of the European Parliament and of the Council of 7 July 2021^6and Regulation (EU) 2022/1190 of the European Parliament and of the Council of 6 July 2022^7;]

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

F4["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 2020^1;

"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.

F10[(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) Whereparagraph (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.]

3. Designated States.

3.—(1) For the purposes of this Act, the Minister for Foreign Affairs may, by order, designate a F11[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.

4. Application of Act.

4.—(1) F12[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) F13[…]

(3) F13[…]

4A. F14[Issuing state presumed to comply with Framework Decision.

4A.—It shall be presumed that an issuing state will comply with the requirements ofF15[the relevant agreement], unless the contrary is shown.]

5. Corresponding offences.

F16[5.—For the purposes of this Act, an offence specified in aF17[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 theF17[relevant arrest warrant]is issued, constitute an offence under the law of the State.]

6. 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.

7. 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.

8. 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

9. Executing judicial authority in the State.

9.—For the purposes of F18[the relevant agreement], the High Court shall be the executing judicial authority in the State.

10. Obligation to surrender.

F19[10.—Where a judicial authority in an issuing stateF20[…]issues aF21[relevant arrest warrant]in respect of a person—

(a)F22[whom]that state intends toF22[prosecute]for an offence to which theF21[relevant arrest warrant]relates,

(b) who is the subject ofF22[a prosecution]in that state for an offence to which theF21[relevant arrest warrant]relates,

(c) who has been convicted of, but not yet sentenced in respect of, an offenceF23[in that state]to which theF21[relevant arrest warrant]relates, or

(d) on whom a sentence of imprisonment or detention has been imposedF24[…]in respect of an offence to which theF21[relevant arrest warrant]relates,F20[…]

(i)F20[…]

(ii)F20[…]

that person shall,F25[subject to and in accordance with the provisions of this Act, be arrested]and surrendered to the issuing state.]

11. European arrest warrant.

11.—F27[(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.]

F28[(1A) Subject tosubsection (2A), aF27[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 theF27[relevant arrest warrant], and the address of its principal office,

(c) the telephone number, fax number and email address (if any) of that judicial authority,

(d) the offence to which theF27[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 ofF29[one of the offences to which theF27[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 theF27[relevant arrest warrant], be liable,

(ii) where that person has been convicted of the offence specified in theF27[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 theF27[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 F27[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 F29[(1A)], as would be required to be provided were it in that form.

F29[(2A) If any of the information to whichsubsection (1A)(inserted by section 72(a) of theCriminal Justice (Terrorist Offences) Act 2005) refers is not specified in theF27[relevant arrest warrant], it may be specified in a separate document.]

(3) F30[…]

(4) For the avoidance of doubt, a F27[relevant arrest warrant] may be issued in respect of one or more than one offence.

12. Transmission of European arrest warrant.

12.—(1) A F31[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 F31[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 F31[relevant arrest warrant] into the Irish language or the English language shall be so transmitted with the F31[relevant arrest warrant].

(2) Such undertakings as are required to be given under this Act shall be transmitted by, or on behalf of, the F32[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 F31[relevant arrest warrant], or an undertaking required to be given under this Act F33[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

F34[(b) any means capable of producing a written record under conditions allowing the Central Authority in the State to establish its authenticity.]

F35[(3A) An undertaking required under this Act may be set out in theF31[relevant arrest warrant]or in a separate document.]

F36[(3B) The written record of a document that is transmitted in accordance withsubsection (3)(b)shall be deemed to be the document that was transmitted and, in the case of the further transmission of the document electronically by or on behalf of the Central Authority in the State to the High Court, the written record of the document that is further transmitted shall be deemed to be the document that was transmitted to the Central Authority.]

(4) F37[…]

(5) F37[…]

(6) F37[…]