European Arrest Warrant Act 2003

• (3) It shall be presumed that, in relation to a person to whom a F106[relevant arrest warrant] applies, the issuing state does not intend to surrender him or her to a Member State pursuant to a F106[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 F106[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 F106[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,

• (c) is satisfied that—

• (i) the person will not be surrendered by the issuing state to a Member State pursuant to a F106[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 F106[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

• (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.

• F107[(5) The High Court shall, in relation to a person who has been surrendered to an issuing state under this Act, and not later than 30 days after the date of the request being made, consent to the person being surrendered by the issuing state to a Member State pursuant to a relevant arrest warrant issued by a judicial authority in that Member State in respect of an offence, upon receiving a request in writing from the issuing state in that behalf, provided that the offence is not—

• (a) an offence for which his or her surrender would be prohibited by virtue of Part 3, or

• (b) an offence for which his or her surrender F108[…] would be refused under Part 3.]

• F109[(6) F110[…]]]

24. Surrender of person by issuing state to third state.

F111[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 F112[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 F112[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.]

25. 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 F113[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 F113[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 F113[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 F113[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

• (c) gives a false name or address to a member of the Garda Síochána,

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.

26. 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.

27. Remand.

27.—(1) A person remanded in custody under this Act may be detained in a prison F114[(or, if the person is not more than 18 years of age, in a remand centre)] 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,

or

• (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.

28. 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 F115[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 F115[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 F116[is being] 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 F115[relevant arrest warrant] shall be construed as references to an extradition request, and

• (c) references to an issuing state shall be construed as references to a Member State.

• (5) In this section “executing state” means, in relation to a F115[relevant arrest warrant], a Member State (a judicial authority of which has ordered the arrest and surrender to the issuing state, pursuant to the F115[relevant arrest warrant], of a person in respect of whom that warrant was issued).

29. Multiple European arrest warrants.

29.—(1) Where the Central Authority in the State receives two or more F117[relevant arrest warrants] in respect of a person, F118[…] the Central Authority in the State shall, where the High Court has not yet made an order under F119subsection (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 F117[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 F117[relevant arrest warrants] concerned,

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

• (c) the dates on which the F117[relevant arrest warrants] were issued, and

• (d) whether the F117[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.

30. European arrest warrants and requests for extradition.

F120[30.— (1) If the Central Authority in the State receives a F121[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 F121[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 F121[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 F121[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.]

30A. F122[Extradition arrangements with third countries

30A.—(1) Where a person has been extradited to the State from a third country and the person is protected by provisions of the arrangement under which he or she was extradited, the High Court shall request the third country to consent to the surrender of the person to the issuing state which issued the relevant arrest warrant.

• (2) The periods of time referred to in section 15 or 16, as the case may be, shall commence from the date on which the consent of the third country is received by the High Court.]

Chapter 2 Issue of European Arrest Warrant by State

31. Definition.

31.—In this Chapter—

“domestic warrant” means a warrant (other than a F123[relevant arrest warrant]) issued, for the arrest of a person, by a court in the State;

F123["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.]

32. 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.

33. Issue of European arrest warrant by court in State.

F124[33.— (1) A court may, upon an application made by or on behalf of the Director of Public Prosecutions, issue a F125[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.]

• F126[(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) F127[…]]

• F125[(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.]

• F129[(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,

• (c) the offence to which the relevant arrest warrant relates including a description thereof,

• (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.]

• F130[(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 F130[relevant arrest warrant] may be issued in respect of one or more than one offence.

• F131[(4A) The High Court, sitting otherwise than in public, may, upon an application made by a member of the Garda Síochána, approve the making temporarily unavailable of an alert for a period not exceeding 48 hours in respect of a person where it is satisfied—

• (a) that the person is the subject of an ongoing criminal investigation, and

• (b) that the purpose of the criminal investigation cannot be achieved by any other measure.

• (4B) The period for which an alert may be made unavailable may be extended by the High Court for a further period not exceeding 48 hours upon an application by a member of the Garda Síochána that is made before the expiry of the period approved under subsection (4A).]

• (5) In this section “court” means—

• (a) the court that issued the domestic warrant F124[to which subsection (1)(a) applies], or

• (b) the High Court.

33A. F132[Request for disapplication of rule of specialty

33A.—(1) In this section, an "offence" means, in relation to a person to whom a relevant arrest warrant applies, an offence (other than an offence specified in the relevant arrest warrant issued by the High Court in respect of which the person has been surrendered to the State pursuant to the relevant arrest warrant) under the law of the State committed before the person’s surrender to the State, but shall not include an offence consisting, in whole, of acts or omissions of which the offence specified in the relevant arrest warrant consists in whole or in part.

• (2) A court may, upon an application made by or on behalf of the Director of Public Prosecutions, issue a request for the executing state’s consent to the prosecution of an offence or enforcement of a conviction, sentence or detention order against a person in respect of an offence where the court 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.

• (3) A request under subsection (2) for the executing state’s consent to the prosecution of an offence or enforcement of a conviction, sentence or detention order against a person in respect of an offence shall specify—

• (a) the name and 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 warrant referred to in section 2(a),

• (ii) the Circuit Court Office of the county in which the Circuit Criminal Court was sitting when it issued the warrant referred to in section 2(a),

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

• (iv) the Registrar of the Special Criminal Court,

as may be appropriate,

• (c) the offence to which the request relates including a description thereof,

• (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) the following information, as applicable:

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

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

• (iii) where the person named in the request 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.

• (4) A request under subsection (2) 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 to which subsection (2)(a) applies, or

• (b) the High Court.]

34. Transmission of European arrest warrant issued in State.

34.—A F133[relevant arrest warrant] issued under section 33 F134[may] be transmitted to a Member State by the Central Authority in the State.

35. Arrest of person surrendered to State.

35.—(1) Where a person is surrendered to the State pursuant to a F135[relevant arrest warrant]—

• (a) the domestic warrant issued for his or her arrest and referred to in F136[…] section 33(1)(a),

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

• (c) where—

• (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 F135[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 F135[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.

35A. F137[Guarantees surrounding custodial sentences imposed in absentia

35A.—(1) Where a person is arrested on foot of a relevant arrest warrant issued by the High Court for service of a sentence or detention order imposed on him or her in absentia and the person has not received any information from the authorities in the State about the existence of criminal proceedings against him or her, the person may request a copy of the judgment which was the basis for the relevant arrest warrant and upon such a request being made, the High Court shall arrange for the judgment to be sent to the executing judicial authority without delay.

• (2) Where a person is surrendered to the State pursuant to a relevant arrest warrant and is detained pending a retrial or an appeal and he or she did not appear in person at the proceedings resulting in the sentence or detention order in respect of which a relevant arrest warrant was issued, his or her detention pending a retrial or appeal shall be reviewed in accordance with the law of the State in relation to such detention.]

36. Deduction of period of detention in executing state from sentence.

36.—(1) Where a person is surrendered to the State pursuant to a F138[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 F138[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 F138[relevant arrest warrant].

• (2) In this section “executing state” means, in relation to a F138[relevant arrest warrant], a Member State (a judicial authority of which has ordered the arrest and surrender to the State, pursuant to the F138[relevant arrest warrant], of a person in respect of whom that warrant was issued).

36A. F139[Conditional surrender to State pursuant to relevant arrest warrant

36A.—(1) The High Court may—

• (a) on the application of the Director of Public Prosecutions, and

• (b) where a judicial authority of an executing state indicates that it may temporarily surrender a person to the State pursuant to a relevant arrest warrant,

agree with the judicial authority the conditions of such a temporary surrender.

• (2) The conditions agreed under subsection (1) shall be recorded in writing.

• (3) Without prejudice to the generality of subsection (1), the conditions agreed under that subsection may include—

• (a) that the person shall be returned to the executing state on conclusion of the criminal proceedings in respect of the offence specified in the relevant arrest warrant, notwithstanding that the person may be required to serve a term of imprisonment by virtue of the imposition of a sentence by a court in the State in respect of that offence, and

• (b) that the currency of a sentence imposed in the State shall not be suspended notwithstanding the return of the person to the executing state.

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

PART 3 Prohibition on Surrender

37. 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) F140[…]

• (c) there are reasonable grounds for believing that—

• (i) the F141[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,

or

• (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.

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

38.—(1) F142[A person] shall not be surrendered to an issuing state under this Act in respect of an offence unless—

• (a) F142[it is the case that]—

• (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 F143[that term of imprisonment,]

• F143[(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]

• F144[(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.]

• F145[(1A) Subject to subsection (2), the surrender of a person to an issuing state under this Act in respect of an offence may be refused where the offence does not correspond to an offence under the law of the State.]

• (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.

39. Pardon or amnesty.

39.—(1) F146[…]

• F147[(2) A person shall not be surrendered under this Act where he or she has, in accordance with the law of the State, become immune, by virtue of any amnesty or pardon, from prosecution or punishment in the State for the offence specified in the relevant arrest warrant issued in respect of him or her, where that offence is one that the State has jurisdiction to prosecute under its own law.]

• (3) F146[…]

40. Passage of time from commission of offence.

40.—F148[…]

41. Double jeopardy.

41.—F149[(1) A person shall not be surrendered under this Act for the purpose of his or her being proceeded against in the issuing state, or for the execution of a sentence order or detention order for an offence consisting of an act or omission that constitutes an offence in respect of which final judgment has been given in the State or a Member State provided that where a sentence of imprisonment or period of detention was imposed on the person in respect of the second-mentioned offence in the State or Member State, as the case may be—

• (a) the person has completed serving the sentence of imprisonment or period of detention,

• (b) the person is otherwise no longer liable under the law of the State or the Member State, as the case may be, to serve any period of imprisonment or detention in respect of the offence, or

• (c) where that sentence of imprisonment or period of detention is currently being served by the person.]

• (2) F149[The surrender of a person to an issuing state under this Act may be refused where the surrender is 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 F149[sentence of imprisonment or period of detention] was imposed on the person in the third country in respect of the second-mentioned offence—

• (a) the person has completed serving the F149[sentence or period of detention], 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.

42. F150[Proceedings in the State.

42.—The surrender of a person to an issuing state under this Act may be refused where the person is being prosecuted in the State for an offence consisting of an act or omission of which the offence specified in the relevant arrest warrant issued in respect of him or her consists in whole or in part.]

43. Age.

43.—F151[The surrender of a person to an issuing state under this Act may be refused where] the offence specified in the F152[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 F152[relevant arrest warrant] was issued could not be proceeded against by reason of his or her age.

44. Commission of offence outside issuing state.

44.—F153[The surrender of a person to an issuing state under this Act may be refused where] the offence specified in the F154[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.

45. Persons convicted in absentia.

F155[45.—F156[(1)] F157[The High Court may refuse to order the surrender of a person under this Act] if he or she did not appear in person at the proceedings resulting in the sentence or detention order F158[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 F157[Article 601 of the Trade and Cooperation Agreement]], as set out in the table to this section.

• F156[(2) Where a person has not received any information from the authorities in the State about the existence of criminal proceedings against him or her, he or she may request a copy of the judgment in relation to which the European arrest warrant or the Trade and Cooperation Agreement arrest warrant, as the case may be, in respect of the person has been issued and upon such a request being made the High Court shall without delay arrange for the issuing state to be informed of the request.]

TABLE

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

□ 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;

OR

□ 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;

OR

□ 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;

OR

□ 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,

OR

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

OR

□ 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.

45A. F159[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,

• (c) photograph him or her or cause him or her to be photographed.

• (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 F160[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.]

45B. F161[Transfer of persons to state from which surrendered.

F162[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.]]

45C. F163[Technical flaws in applications for surrender.

F164[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 F165[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.]]

46. Immunity from prosecution.

46.—F166[(1) A person who, by virtue of his or her holding any office or other position, enjoys a privilege or immunity under the law of the State from prosecution for any offence, shall not while he or she holds such office or position be surrendered under this Act.]

• F167[(2) Where the power to waive an immunity or privilege referred to in subsection (1)—

• (a) is exercisable by a person in the State, the High Court shall request the person concerned to exercise the power to waive such privilege or immunity, or

• (b) resides with an international organisation or a person in another state, the issuing judicial authority shall request the organisation or person concerned to waive the privilege or immunity.

• (3) Section 15 or 16, as the case may be, shall apply to a person to whom subsection (1) applies as of the date on which the High Court is informed that the immunity or privilege, as the case may be, has been waived, as though that order were an order made under subsection (1) or (2) of section 15 or subsection (1) or (2) of section 16, as the case may be.]

PART 4 Miscellaneous

47. 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

• (c) the substitution of the following subsection for subsection (1B) (inserted by section 9 of the Act of 2001):

• “(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.”.

48. 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.”.

49. 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.

50. 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.

51. 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.”.

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

an 13 Meitheamh 2002

maidir leis an mbarántas gabhála Eorpach agus na nósanna imeachta um ghéilleadh idir na Ballstáit

(2002/584/JHA)

TÁ COMHAIRLE AN AONTAIS EORPAIGH,

Ag féachaint don Chonradh ar an Aontas Eorpach, agus go háirithe Airteagal 31(a) agus (b) agus Airteagal 34(2)(b) de,

Ag féachaint don togra ón gCoimisiún^(1),

Ag féachaint don tuairim ó Pharlaimint na hEorpa^(2),

De bhrí:

• (1) De réir na gconclúidí ón gComhairle Eorpach in Tampere an 15 agus 16 Deireadh Fómhair 1999, agus go háirithe pointe 35 díobh, gur chóir an nós imeachta foirmiúil um eiseachadadh a dhíothú idir na Ballstáit maidir le daoine atá ar a dteitheadh ón gceartas tar éis dóibh bheith ina n-ábhair do phianbhreith chríochnaitheach agus na nósanna imeachta um eiseachadadh a bhrostú maidir le daoine atá faoi amhras ciona.

• (2) Go bhfuil tagairt i gclár na mbeart a bhaineann le cur chun feidhme an phrionsabail maidir le breitheanna coiriúla a aithint go frithpháirteach, atá luaite i bpointe 37 de na conclúidí arna nglacadh ag an gComhairle Eorpach in Tampere ar an 20 Samhain 2000^(3), don cheist maidir le barántais ghabhála a fhorghníomhú go frithpháirteach.

• (3) Go bhfuil na Ballstáit uile nó cuid díobh ina bpáirtithe i roinnt coinbhinsiún i dtaca leis an eiseachadadh, lena n-áirítear Coinbhinsiún Eorpach um Eiseachadadh an 13 Nollaig 1957 agus Coinbhinsiún Eorpach chun Sceimhlitheoireacht a Dhíothú an 27 Eanáir 1977. Tá dlíthe maidir leis an Eiseachadadh ag na Stáit Nordacha inar comhionann an fhoclaíocht.

• (4) Ina theannta sin, go bhfuil na trí Choinbhinsiún seo a leanas a bhaineann go hiomlán nó go páirteach leis an eiseachadadh comhaontaithe idir na Ballstáit agus gur cuid de acquis an Aontais iad: Coinbhinsiún an 19 Meitheamh 1990 ag cur chun feidhme Chomhaontú Schengen an 14 Meitheamh 1985 maidir le seiceálacha ag a dteorainneacha coiteanna a dhíothú de réir a chéile (sa chaidreamh idir na Ballstáit is páirtithe sa Choinbhinsiún sin)^(4), Coinbhinsiún an 10 Márta 1995 maidir leis an nós imeachta simplithe um eiseachadadh idir na Ballstáit den Aontas Eorpach^(5) agus Coinbhinsiún an 27 Meán Fómhair 1996 maidir leis an Eiseachadadh idir na Ballstáit den Aontas Eorpach^(6).

• (5) Mar thoradh ar an gcuspóir atá leagtha síos ag an Aontas limistéar saoirse, slándála agus ceartais a dhéanamh dá limistéar nach gá an t-eiseachadadh níos mó, agus toisc go gcuirfear ina ionad córas um ghéilleadh idir na húdaráis bhreithiúnacha. Fairis sin, de dheasca córas nua simplithe um ghéilleadh a thabhairt isteach maidir le daoine a bhfuil pianbhreith tugtha ina leith nó daoine atá faoi amhras ciona chun críocha pianbhreitheanna nó imeachtaí coiriúla a fhorghníomhú nó a thabhairt ar aghaidh, is féidir coimpléascacht agus an tsiocair moilleadóireachta is cuid dhílis den nós imeachta láithreach um eiseachadadh a dhíchur. An comhar traidisiúnta caidrimh a bhí i réim idir na Ballstáit go dtí seo ba chóir córas saorghluaiseachta maidir le breitheanna breithiúnacha in ábhair choiriúla a chur ina ionad, a fholaíonn breitheanna réamhphianbhreithe oiread agus breitheanna críochnaitheacha, laistigh de limistéar saoirse, slándála agus ceartais.

• (6) Gurb é an barántas gabhála Eorpach dá bhforáiltear sa Treoirchinneadh seo an chéad bheart táigiúil i réimse an dlí choiriúil a chuireann chun feidhme an prionsabal maidir leis an aitheantas frithpháirteach ar thug an Chomhairle Eorpach cloch choirnéil an chomhair bhreithiúnaigh air.

• (7) Nach féidir leis na Ballstáit an aidhm, arb éard é córas a chur in ionad an chórais iltaobhaigh um eiseachadadh arna thógáil ar Choinbhinsiún Eorpach um Eiseachadadh an 13 Nollaig 1957, a ghnóthú go leordhóthanach trí na Ballstáit bheith ag gníomhú go haontaobhach agus gur fearr is féidir a ghnóthú mar sin, toisc a raon feidhme agus a éifeachtaí, ag leibhéal an Aontais, is féidir leis an gComhairle bearta a ghlacadh, i gcomhréir le prionsabal na coimhdeachta dá dtagraítear in Airteagal 2 den Chonradh ar an Aontas Eorpach agus in Airteagal 5 den Chonradh ag bunú an Chomhphobail Eorpaigh. I gcomhréir le prionsabal na comhréireachta, mar atá leagtha amach san Airteagal sin, ní théann an Treoirchinneadh seo thar mar is gá chun an cuspóir sin a ghnóthú.

• (8) Nach mór breitheanna maidir leis an mbarántas gabhála Eorpach a fhorghníomhú a bheith faoi réir rialuithe leordhóthanacha; ciallaíonn sé sin go gcaithfidh údarás breithiúnach de chuid an Bhallstáit inar gabhadh an duine iarrtha an bhreith a ghlacadh maidir lena g(h)éilleadh.

• (9) Nach mór ról na n-údarás láir maidir le forghníomhú barántas gabhála Eorpach a theorannú do chúnamh praiticiúil riarthach.

• (10) Go bhfuil an mheicníocht i dtaca leis an mbarántas gabhála Eorpach bunaithe ar ardleibhéal muiníne idir na Ballstáit. Ní fhéadfar cur chun feidhme na meicníochta sin a fhionraí ach amháin i gcás Ballstát amháin na prionsabail atá leagtha amach in Airteagal 6(1) den Chonradh ar an Aontas Eorpach a shárú go tromchúiseach, leanúnach, agus an sárú sin arna shuíomh ag an gComhairle de bhun Airteagal 7(1) den Chonradh sin leis na hiarmhairtí dá bhforáiltear in Airteagal 7(2).

• (11) Sa chaidreamh idir na Ballstáit gur chóir go ngabhfadh an barántas gabhála Eorpach ionad na n-ionstraimí uile maidir le heiseachadadh, lena n-áirítear forálacha Theideal III de Choinbhinsiún chur chun feidhme Chomhaontú Schengen a bhaineann leis an eiseachadadh.

• (12) Go n-urramaíonn an Treoirchinneadh seo na saoirsí bunúsacha agus go gcomhlíonann sé na prionsabail arna n-aithint in Airteagal 6 den Chonradh ar an Aontas Eorpach agus atá le fáil sa Chairt um Chearta Bunúsacha den Aontas Eorpach^(7), go háirithe Caibidil VI de. Ní féidir aon ní sa Treoirchinneadh seo a léirmhíniú mar thoirmeasc ar dhiúltú duine a ghéilleadh a bhfuil barántas gabhála Eorpach eisithe ina leith má tá cúiseanna oibiachtúla ann lena chreidiúint go bhfuil an barántas gabhála Eorpach eisithe d'fhonn duine a ionchúiseamh nó a phionósú de bhíthin a g(h)néis, a c(h)ine, a reiligiúin, a b(h)unaidh eitnigh, a náisúntachta, a t(h)eanga, a t(h)uairimí polaitiúla nó a t(h)reoshuímh ghnéasaigh, nó go bhféadfar seasamh an duine sin a dhochrú ar aon cheann de na cúiseanna sin.

Ní chuireann an Treoirchinneadh seo cosc ar aon Bhallstát a chuid rialacha bunreachtúla a chur i bhfeidhm a bhaineann le próiseas cuí, saoirse comhlachais, saoirse an phreasa agus an tsaoirse friotail sna meáin eile.

• (13) Nár chóir aon duine a aistriú, a dhíbirt nó a eiseachadadh chuig Stát ina bhfuil baol tromchúiseach ann go bhféadfaí é/í a chur faoi réir phionós an bháis, céasadh nó aon drochíde mídhaonna nó táireach ná pionós mídhaonna nó táireach eile.