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European Arrest Warrant Act 2003

Current text a fecha 2003-12-28

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;

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

“Eurojust” means the body established by Council Decision of 28 February 2002[^2] setting up Eurojust with a view to reinforcing the fight against serious crime;

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

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

“facsimile copy” means, in relation to a document, a facsimile copy of that document transmitted in accordance with section 12;

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

“issuing judicial authority” means, in relation to a European arrest warrant, the judicial authority in the issuing state that issued the European arrest warrant concerned;

“issuing state” means, in relation to a European arrest warrant, a Member State designated under section 3, a judical authority of which has issued that European arrest 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;

“Member State” means a Member State of the European Communities (other than the State) or Gibraltar;

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

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

“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.

3 Designated States.

3.—(1) For the purposes of this Act, the Minister for Foreign Affairs may, by order, designate a 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) Subject to subsections (2) and (3), 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) This Act shall, in relation to a European arrest warrant issued by a judicial authority in the Republic of Austria or the Italian Republic, apply to offences committed or alleged to have been committed on or after 7 August 2002 only.

(3) This Act shall, in relation to a European arrest warrant issued by a judicial authority in the French Republic, apply to offences committed or alleged to have been committed on or after 1 November 1993 only.

5 Corresponding offences.

5.—For the purposes of this Act—

(a) an offence under the law of the issuing state corresponds to an offence under the law of the State, where the act or omission that constitutes the offence under the law of the issuing state would, if committed in the State, constitute an offence under the law of the State, and

(b) an offence under the law of the State corresponds to an offence under the law of the issuing state, where the act or omission that constitutes the offence under the law of the State would, if committed in the issuing state, constitute an offence under the law of the issuing 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 1 European Arrest Warrant Received in State

9 Executing judicial authority in the State.

9.—For the purposes of the Framework Decision, the High Court shall be the executing judicial authority in the State.

10 Obligation to surrender.

10.—Where a judicial authority in an issuing state duly issues a European arrest warrant in respect of a person—

(a) against whom that state intends to bring proceedings for the offence to which the European arrest warrant relates, or

(b) on whom a sentence of imprisonment or detention has been imposed and who fled from the issuing state before he or she—

(i) commenced serving that sentence, or

(ii) completed serving that sentence,

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

11 European arrest warrant.

11.—(1) A European arrest warrant shall, in so far as is practicable, be in the form set out in the Annex to the Framework Decision and shall specify—

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

(b) the name, address of the principal office, fax number and e-mail address of the judicial authority that issued the European arrest warrant,

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

(d) that a conviction, sentence or detention order is immediately enforceable against the person, or that a warrant for his or her arrest or other order of a judicial authority in the issuing state having the same effect has been issued in respect of 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 that person would, if convicted of the offence specified in the European arrest warrant, be liable,

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

(iii) where that person has been convicted of the offence specified in the European 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 European arrest warrant to be in the form referred to in subsection (1), it shall include such information, additional to the information specified in subsection (1), as would be required to be provided were it in that form.

(3) Where a European arrest warrant is issued in the issuing state in respect of a person who has not been convicted of the offence specified therein, the European arrest warrant shall be accompanied by a statement in writing of the issuing judicial authority that—

(a) the person has been charged with, and a decision to try him or her for, the offence concerned has been made, or

(b) where the person has not been charged with the offence concerned, a decision to charge him or her with, and try him or her for, the offence concerned has been made,

by a person who in the issuing state, or part thereof, performs functions the same as, or similar to, those performed in the State by the Director of Public Prosecutions.

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

12 Transmission of European arrest warrant.

12.—(1) A European arrest warrant shall be transmitted by, or on behalf of, the issuing judicial authority to the Central Authority in the State and, where the European 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 European arrest warrant into the Irish language or the English language shall be so transmitted with the European arrest warrant.

(2) Such undertakings as are required to be given under this Act shall be transmitted by, or on behalf of, the issuing judicial authority 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 European arrest warrant, or an undertaking required to be given under this Act, may be transmitted to the Central Authority in the State by—

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

(b) one of the methods specified in paragraph 2 and 3 of Article 10 of the Framework Decision.

(4) Notwithstanding subsection (3), an issuing judicial authority shall be deemed to have complied with subsection (1) if facsimile copies of—

(a) the European arrest warrant, and

(b) where appropriate, a translation thereof,

are transmitted, in accordance with regulations (if any) under subsection (10), by the issuing judicial authority to the Central Authority in the State by means of a facsimile machine in respect of which there is compliance with such regulations.

(5) Notwithstanding subsection (3), an issuing judicial authority shall be deemed to have complied with subsection (2) if facsimile copies of—

(a) such undertakings as are required under this Act, and

(b) where appropriate, translations thereof,

are transmitted, in accordance with regulations under subsection (10), by the issuing judicial authority to the Central Authority in the State by means of a facsimile machine in respect of which there is compliance with such regulations.

(6) If the Central Authority in the State or the High Court is not satisfied that the facsimile copy of a document transmitted in accordance with this section corresponds to the document of which it purports to be a facsimile copy, he or she, or it, shall require the issuing judicial authority to cause the original of the document or a true copy thereof to be transmitted to the Central Authority in the State, and shall agree with the issuing judicial authority the manner in which such original or true copy shall be transmitted.

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

(a) the issuing judicial authority, or

(b) an officer of the central authority of the issuing state duly authorised to certify it as a true copy.

and where the seal of the issuing judicial authority or the central authority of the issuing state has been affixed to the document, judicial notice shall be taken of that seal.

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

(a) a European arrest warrant issued by a judicial authority in the issuing state,

(b) an undertaking required under this Act of a judicial authority in the issuing state,

(d) a true copy of such a document,

shall be received in evidence without further proof.

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

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

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

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

(11) In this section “undertaking” includes a statement under section 11(3).

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

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

(2) If, upon an application under subsection (1), the High Court is satisfied that, in relation to a European arrest warrant, there has been compliance with the provisions of this Act, it may endorse—

(a) the European arrest warrant for execution, or

(b)(i) where compliance with section 12(1) was effected by transmitting a facsimile copy of the European arrest warrant in accordance with section 12(4), the facsimile copy of the European arrest warrant, or

(ii) where a true copy of the European arrest warrant was transmitted pursuant to a requirement under section 12(6), the true copy of the European arrest warrant,

for execution of the European arrest warrant.

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

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

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

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

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

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

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

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

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

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

14 Arrest without warrant on grounds of urgency.

14.—(1) A member of the Garda Síochána may arrest a person without warrant where—

(a) a Schengen alert has been issued by a judicial authority in a Member State in respect of that person, and

(b) the member believes, on reasonable grounds, that the person is likely to leave the State before the European arrest warrant to which the Schengen alert refers is received in the State.

(2) A person arrested under this section shall, upon his or her arrest, be informed of his or her right to—

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

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

(3) A person arrested under this section shall, as soon as may be after his or her arrest, be brought before the High Court, and the High Court shall—

(a) if satisfied that that person is the person in respect of whom the Schengen alert was issued, and

(b) pending the production to the High Court of the European arrest warrant,

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

(4) When a person arrested under this section is brought before the High Court under subsection (3), the High Court shall inform the person that he or she is entitled to—

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

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

(5) A person who has been arrested under this section shall be released from custody upon the expiration of the period of 7 days from his or her arrest unless, before the expiration of that period, the European arrest warrant concerned is produced to the High Court.

(6) Notwithstanding subsection (5), the High Court may order the release from custody of a person remanded in custody under this section if, at any time after the person has been so remanded, it appears to the High Court that a European arrest warrant has not been issued in respect of the person or, where appropriate, the issuing judicial authority has not made a statement under section 11(3).

(7) Where, in relation to a person who is in custody having been remanded under subsection (3), a European arrest warrant is transmitted to the Central Authority in the State, the person shall, as soon as may be, be brought before, and the European arrest warrant shall be produced to, the High Court, and the High Court shall, if satisfied that that person is the person in respect of whom the European arrest warrant was issued—

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

(b) fix a date for the purposes of section 16 (being a date that falls not later than 21 days after the date of the person's arrest).

(8) In proceedings under this section, a document that purports to be a reproduction in writing of a Schengen alert certified by a member of the Garda Síochána not below the rank of sergeant to have been obtained by him or her using equipment designed, or intended for use, for the purposes of the Schengen Information System shall, unless the contrary is shown, be evidence of the Schengen alert concerned.

(9) If, in relation to a person who has been released from custody in accordance with subsection (5) or (6), a European arrest warrant is transmitted to the Central Authority in the State, an application may be made to the High Court under section 13.

(10) In this section—

“Schengen alert” means a document that indicates that—

(a) a European arrest warrant has been issued by a judicial authority in a Member State in respect of the person named in the document on such date as is specified in the document,

(b) where appropriate, a statement has been made under section 11(3) by that judicial authority in respect of that person on such date as is specified in the document,

(c) has been transmitted by electronic means by or on behalf of the judicial authority concerned to the Garda Síochána, using equipment designed, or intended for use, for the purposes of the Schengen Information System, and

(d) is capable of being viewed by the Garda Síochána by means of equipment designed or intended for use for those purposes;

“Schengen Information System” means the system referred to in Title IV of 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.

15 Consent to surrender.

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

(a) the European arrest warrant, or a facsimile or true copy thereof, has been endorsed in accordance with section 13 for execution of the warrant,

(b) the surrender of the person is not prohibited by section 22, 23 or 24,

(c) the surrender of the person is not prohibited by Part 3 or the Framework Decision (including the recitals thereto),

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

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

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

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

(a) upon production to it of the European arrest warrant and, where appropriate, a statement under section 11(3), or facsimile or true copies thereof, and

(b) if it is satisfied that—

(i) the surrender of the person is not prohibited by section 22, 23 or 24,

(ii) the surrender of the person is not prohibited by Part 3 or the Framework Decision (including the recitals thereto),

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

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

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

(3) An order under this section shall not take effect until the expiration of a period of 10 days beginning on the date of the making of the order.

(4) Where the High Court makes an order under this section, it shall—

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

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

(c) commit the person to a prison (or, if the person is not more than 21 years of age, to a remand institution) pending the carrying out of the terms of the order.

(5) Subject to subsection (6) and section 18, a person to whom an order for the time being in force under this section applies shall be surrendered to the issuing state concerned not later than 10 days after—

(a) the expiration of the period specified in subsection (3), or

(b) such date (being a date that falls after the expiration of that period) as may be agreed by the Central Authority in the State and the issuing state.

(6) Where a person makes a complaint under Article 40.4.2 of the Constitution, he or she shall not be surrendered to the issuing state while proceedings relating to the complaint are pending.

(7) Subject to subsection (8), a person (to whom an order for the time being in force under this section applies) who is not surrendered to the issuing state in accordance with subsection (5), shall be released from custody immediately upon the expiration of the 10 days referred to in subsection (5), unless, upon such expiration, proceedings referred to in subsection (6) are pending.

(8) Subsection (7) shall not apply 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 on which he or she would, but for this subsection, be entitled to be released from custody under subsection (7), all or part of that term of imprisonment remains unexpired, and

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

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

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

(9) A person who has consented under this section to his or her being surrendered may, at any time thereafter but before his or her surrender in accordance with an order under this section, withdraw his or her consent and, where he or she withdraws his or her consent—

(a) the order made by the High Court under this section shall stand annulled, and

(b) the period between the giving of such consent before the High Court and the withdrawal by him or her of such consent shall not be taken into account for the purposes of calculating the periods specified in subsections (10) and (11) of section 16.

16 Committal of person named in European arrest warrant.

16.—(1) Where a person does not consent to his or her surrender to the issuing state or has withdrawn his or her consent under section 15(9), the High Court may, upon such date as is fixed under section 13, make an order directing that the person be surrendered to such other person as is duly authorised by the issuing state to receive him or her provided that—

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

(b) the European arrest warrant, or a facsimile or true copy thereof, has been endorsed in accordance with section 13 for execution of the warrant,

(d) the surrender of the person is not prohibited by section 22, 23 or 24, and

(e) the surrender of the person is not prohibited by Part 3 or the Framework Decision (including the recitals thereto).

(2) Where a person does not consent to his or her surrender to the issuing state or has withdrawn his or her consent under section 15(9), the High Court may, upon such date as is fixed under section 14, make an order directing that the person be surrendered to such other person as is duly authorised by the issuing state to receive him or her, provided that—

(a) the European arrest warrant and, where appropriate, a statement under section 11(3), and such other undertakings as are required under this Act, or facsimile copies or true copies thereof are provided to the court,

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

(d) the surrender of the person is not prohibited by Part 3 or the Framework Decision (including the recitals thereto).

(3) An order under this section shall not take effect until the expiration of 15 days beginning on the date of the making of the order.

(4) When making an order under this section the High Court shall also make an order committing the person to a prison (or if he or she is not more than 21 years of age, to a remand institution) there to remain pending his or her surrender in accordance with the order under this section, and shall inform the person—

(a) that he or she will not, without his or her consent, be surrendered to the issuing state, before the expiration of the period of 15 days specified in subsection (3), and

(b) of his or her right to make a complaint under Article 40.4.2 of the Constitution at any time before his or her surrender to the issuing state.

(5) Subject to subsection (6) and section 18, a person to whom an order for the time being in force under this section applies shall be surrendered to the issuing state not later than 10 days after—

(a) the expiration of the period specified in subsection (3), or

(b) such date (being a date that falls after the expiration of that period) as may be agreed by the Central Authority in the State and the issuing state.

(6) Where a person makes a complaint under Article 40.4.2 of the Constitution, he or she shall not be surrendered to the issuing state while proceedings relating to the complaint are pending.

(7) Subject to subsection (9), a person (to whom an order for the time being in force under this section applies) who is not surrendered to the issuing state in accordance with subsection (5), shall be released from custody immediately upon the expiration of the 10 days referred to in subsection (5), unless, upon such expiration, proceedings referred to in subsection (6) are pending.

(8) Where the High Court decides not to make an order under this section—

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

(b) the person shall, subject to subsection (9), be released from custody.

(9) Subsection (8) shall not apply 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 on which he or she would, but for this subsection, be entitled to be released under subsection (8), all or part of the term of imprisonment remains unexpired, and

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

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

(ii) on the date on which he or she would, but for this paragraph, be entitled to be released from custody under subsection (8), he or she is required to be in custody by virtue of having been remanded in custody pending his or her being tried, or the imposition of sentence, in respect of that offence.

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

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

(12) An appeal against an order under this section or a decision not to make such an order may be brought in the Supreme Court on a point of law only.

17 European arrest warrant relating to more than one offence.

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

18 Postponement of surrender.

18.—(1) The High Court may, if satisfied that circumstances exist that would warrant the postponement, on humanitarian grounds, of the surrender to the issuing state of a person to whom an order under section 15 or 16 applies, direct that the person's surrender be postponed until such date as the High Court states that, in its opinion, those circumstances no longer exist.

(2) Without prejudice to the generality of subsection (1), circumstances to which that paragraph applies include a manifest danger to the life or health of the person concerned likely to be occasioned by his or her surrender to the issuing state in accordance with section 15(5) or 16(5).

(3) Subject to section 19, where a person to whom an order under section 15 or 16 applies—

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

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

(ii) is required to serve all or part of that term of imprisonment,

the High Court may direct the postponement of that person's surrender to the issuing state until—

(i) in the case of a person who is being proceeded against for an offence, the date of his or her acquittal or conviction (where he or she is not required to serve a term of imprisonment), or

(ii) in the case of a person who is required to serve all or part of a term of imprisonment, the date on which he or she is no longer required to serve any part of that term of imprisonment.

(4) Subject to subsection (5), a person to whom this section applies shall be surrendered to the issuing state not later than 10 days after such date (being a date that falls after the date specified in subsection (1) or subsection (3)(i) or (ii), as the case may be) as may be agreed by the Central Authority in the State and the issuing state.

(5) Where a person makes a complaint under Article 40.4.2 of the Constitution, he or she shall not be surrendered to the issuing state while proceedings relating to the complaint are pending.

19 Conditional surrender.

19.—(1) Where a person to whom an order under section 15 or 16 applies—

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

(b) is, at the time of the making of the order, required to serve all or part of that term of imprisonment,

the High Court may, subject to such conditions as it shall specify, direct that the person be surrendered to the issuing state for the purpose of his or her being tried for the offence to which the European arrest warrant concerned relates.

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

20 Additional documentation and information.

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

(2) The Central Authority in the State may, if of the opinion that the documentation or information provided to it under this Act is not sufficient to enable it or the High Court to perform functions under this Act, require the issuing judicial authority to provide it with such additional documentation or information as it may specify, within such period as it may specify.

(3) In proceedings under this Act, evidence as to any matter to which such proceedings relate may be given by affidavit or by a statement in writing that purports to have been sworn—

(a) by the deponent in a place other than the State, and

(b) in the presence of a person duly authorised under the law of the place concerned to attest to the swearing of such a statement by a deponent,

howsoever such a statement is described under the law of that place.

(4) In proceedings referred to in subsection (3), the High Court may, if it considers that the interests of justice so require, direct that oral evidence of the matters described in the affidavit or statement concerned be given, and the court may, for the purpose of receiving oral evidence, adjourn the proceedings to a later date.

21 Movement of persons detained under this Act.

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

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

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

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

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

22 Rule of speciality disapplied.

22.—(1) Subject to this section, a person shall not be surrendered under this Act unless—

(a) under the law of the issuing state a person who is surrendered to it pursuant to a European arrest warrant shall not be proceeded against, sentenced, or detained for the purposes of executing a sentence or detention order, or otherwise restricted in his or her personal freedom, for an offence committed before his or her surrender other than the offence (in respect of which he or she is surrendered) specified in the European arrest warrant, or

(b) an undertaking in writing is given to the High Court by the issuing judicial authority that the person will not be proceeded against, sentenced, or detained for the purposes of executing a sentence or detention order, or otherwise restricted in his or her personal freedom, for an offence committed before his or her surrender other than the offence (in respect of which he or she is surrendered) specified in the European arrest warrant concerned.

(2) The surrender of a person under this Act shall not be refused on the ground that it is intended to proceed against him or her in the issuing state for an offence (other than the offence specified in the European arrest warrant) alleged to have been committed by him or her before his or her surrender provided that—

(a) upon conviction he or she is not liable to a term of imprisonment or detention, or

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

(3) The surrender of a person under this Act shall not be refused on the ground that it is intended to impose in the issuing state a penalty (other than a penalty consisting of the restriction of the person's liberty) including a financial penalty in respect of an offence—

(a) of which the person claimed has been convicted,

(b) that was committed before his or her surrender, and

notwithstanding that where such person fails or refuses to pay the penalty concerned (or, in the case of a penalty that is not a financial penalty, fails or refuses to submit to any measure or comply with any requirements of which the penalty consists) he or she may, under the law of the issuing state be detained or otherwise deprived of his or her personal liberty.

(4) The surrender of a person under this Act shall not be refused on the ground that it is intended to proceed against or detain him or her in the issuing state for the purpose of executing a sentence or order of detention in respect of an offence—

(a) of which the person claimed has been convicted,

(b) that was committed before his or her surrender, and

or otherwise restrict his or her personal liberty as a consequence of being convicted of such offence provided that—

(i) after his or her surrender he or she consents to such execution or to his or her personal liberty being so restricted, and

(ii) under the law of the issuing state such consent shall be given before the competent judicial authority in the issuing state and be recorded in accordance with the law of the issuing state.

(5)(a) The surrender of a person under this Act shall not be refused on the ground that it is intended—

(i) to proceed against him or her in the issuing state for an offence committed or alleged to have been committed by the person before his or her surrender,

(ii) to impose in the issuing state a penalty (including a penalty consisting of a restriction of the person's liberty), in respect of an offence of which he or she was convicted before his or her surrender, or

(iii) to proceed against or detain him or her in the issuing state for the purpose of executing a sentence or order of detention in respect of an offence of which the person was convicted before his or her surrender,

provided that, upon the receipt of a request in writing from the issuing judicial authority in that behalf by the Central Authority in the State, the Central Authority in the State consents to the person's surrender.

(b) In this subsection “offence” means an offence—

(i) other than—

(I) the offence specified in the European arrest warrant concerned, and

(II) an offence in respect of which a person could not, by virtue of Part 3 or the Framework Decision (including the recitals thereto), be surrendered under this Act,

and

(ii) that is an offence under the law of the issuing state—

(I) on the day of its commission or alleged commission, and

(II) on the day on which the European arrest warrant is issued.

(6) The surrender of a person under this Act shall not be refused on the ground that it is intended—

(a) to proceed against him or her in the issuing state for an offence committed or alleged to have been committed by him or her before his or her surrender,

(b) to impose in the issuing state a penalty (including a penalty consisting of a restriction of the person's liberty) in respect of an offence of which he or she was convicted before his or her surrender, or

(c) to proceed against or detain him or her in the issuing state for the purpose of executing a sentence or order of detention in respect of an offence of which the person was convicted before his or her surrender,

where the offence concerned is not the offence specified in the European arrest warrant, provided that—

(i) an undertaking in writing is given by or on behalf of the issuing judicial authority to the High Court that the person will not be so proceeded against and no such penalty will be imposed 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 during which he or she shall be free to leave the issuing state, or unless having been so discharged he or she leaves the issuing state and later returns thereto,

(ii) the High Court is satisfied that—

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

(II) at the time of so consenting he or she consented to being so proceeded against or to such a penalty being imposed and was aware of the consequences of his or her so doing, and

(III) the person obtained or was given the opportunity to obtain professional legal advice in relation to the matters to which this subparagraph applies before so consenting,

(iii) an undertaking in writing is given by or on behalf of the issuing judicial authority to the High Court that the person will not be so proceeded against or detained, and no such penalty will be imposed, unless—

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

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

(III) the person obtains or is given the opportunity to obtain professional legal advice in the issuing state in relation to the matters to which this subparagraph applies before so consenting.

23 Surrender of person by issuing state to other Member State.

23.—(1) Subject to this section, a person shall not be surrendered under this Act unless—

(a) under the law of the issuing state the person shall not be surrendered to another Member State pursuant to a European arrest warrant issued by a judicial authority in that Member State in respect of an offence committed or alleged to have been committed before his or her surrender to the issuing state, or

(b) an undertaking in writing is given to the High Court by the issuing judicial authority that the person will not be surrendered to another Member State pursuant to a European arrest warrant issued by a judicial authority in that Member State in respect of such an offence.

(2) Subject to subsection (3), a person shall not be surrendered under this Act unless—

(a) under the law of the issuing state a person shall not be surrendered, or

(b) an undertaking in writing is given to the High Court by or on behalf of the issuing judicial authority that the person will not be surrendered,

to another Member State pursuant to a European arrest warrant issued by a judicial authority in that Member State—

(i)(I) 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 to the issuing state during which time he shall be free to leave the issuing state, or

(II) unless having been so discharged he or she leaves the issuing state and later returns thereto,

(ii) unless—

(I) he or she voluntarily gives his or her consent to being so surrendered to another Member State and is fully aware of the consequences of his or her so doing,

(II) that consent is given before the competent judicial authority of the issuing state, and

(III) he or she obtains or is given the opportunity to obtain professional legal advice in relation to the matters to which this paragraph applies before he or she gives that consent.

(3) The surrender of a person under this Act shall not be refused on the ground that, in relation to the issuing state, there is no compliance with subsection (2)(a) or (b), provided that—

(a) in relation to the person, the High Court is satisfied as to the matters specified in section 22(6)(ii), or

(b) the Central Authority in the State gives its consent under subsection (4).

(4) (a) An issuing judicial authority may request the Central Authority in the State to consent to a person named in a European arrest warrant being surrendered by the issuing state concerned to another Member State pursuant to a European arrest warrant issued by a judicial authority in that other Member State in respect of that person.

(b) Upon receipt of a request under paragraph (a) the Central Authority in the State shall give its consent to the surrender of the person to the other Member State by the issuing state unless the surrender of the person in respect of the offence specified in the European arrest warrant issued by a judicial authority in that other Member State would, if that person's surrender were sought by that other Member State under this Act, be prohibited under Part 3 or the Framework Decision (including the recitals thereto).

24 Surrender of person by issuing state to third state.

24.—(1) A person shall not be surrendered under this Act unless the issuing judicial authority gives an undertaking in writing that the person will not be extradited to a third state without the consent of the High Court and the Minister.

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

(3) The High Court shall not give its consent to a request under subsection (2) unless the extradition of the person concerned to the third state in respect of the offence concerned would be permitted under the Extradition Acts 1965 to 2001, were a request for such extradition to be received by the State from the third state.

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 European 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 European 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 European 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 European arrest warrant, or

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

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

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

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

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

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

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

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

(6) A person who—

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

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

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

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

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 (or, if he or she is not more than 21 years of age, in a remand institution) or, for a period not exceeding 48 hours, in a Garda Síochána station.

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

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

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

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

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

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

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 European 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 European arrest warrant.

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

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

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

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

(b) references to a European arrest warrant shall be construed as references to an extradition request, and

(5) In this section “executing state” means, in relation to a European arrest warrant, a Member State (a judicial authority of which has ordered the arrest and surrender to the issuing state, pursuant to the European 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 European arrest warrants in respect of a person, neither of which or not all of which, as the case may be, have been issued by the same issuing state, the Central Authority in the State shall, where the High Court has not yet made an order under section 15, or subsection (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 European 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 European arrest warrants concerned,

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

(d) whether the European 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.

30.—(1) If the Central Authority in the State receives a European arrest warrant in respect of a person and a request from a third country for the extradition of that person, the Central Authority in the State shall, where the High Court has not yet made an order under section 15, or subsection (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 the European arrest warrant and the request for extradition, and the High Court shall, having regard to all the circumstances, decide whether it shall perform functions—

(a) in relation to the European arrest warrant, under this Act, or

(b) in relation to the request for extradition, under the Extradition Acts 1965 to 2001.

(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—

(i) the offence specified in the European arrest warrant, and

(ii) the offence to which the request for extradition relates,

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

(d) whether the European arrest warrant was issued, or the request for extradition was made, for the purposes of bringing proceedings for an offence against the person concerned or for the purposes of executing a sentence or detention order in respect of the person, and

(e) the relevant extradition provisions.

(3) If the Central Authority in the State receives a European 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 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 European 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.

(4) In this section “extradition provisions” has the same meaning as it has in the Act of 1965.

Chapter 2 Issue of European Arrest Warrant by State

31 Definition.

31.—In this Chapter—

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

“European arrest warrant” means a warrant to which the Framework Decision 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.

33.—(1) A court may, upon an application made by or on behalf of the Director of Public Prosecutions, issue a European arrest warrant in respect of a person—

(a) where it is satisfied upon reasonable grounds that—

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

(ii) the person is not in the State,

and

(b) where—

(i) the person would, if convicted of the offence concerned, be liable to a term of imprisonment of 12 months or more than 12 months, or

(ii) a term of imprisonment 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.

(2) A European arrest warrant shall, in so far as is practicable, be in the form set out in the Annex to the Framework Decision and 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 European arrest warrant,

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

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

(iv) the Registrar of the Special Criminal Court,

as may be appropriate,

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

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

(ii) where the person named in the European 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 European 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.

(3) Where it is not practicable for the European arrest warrant to be in the form set out in the Annex to the Framework Decision, the European arrest warrant shall, in addition to containing the information specified in subsection (2), include such other information as would be required to be provided were it in that form.

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

(5) In this section “court” means—

(a) the court that issued the domestic warrant to which subparagraph (i) of section 33(1)(a) applies, or

(b) the High Court.

34 Transmission of European arrest warrant issued in State.

34.—A European arrest warrant issued under section 33 shall 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 European arrest warrant—

(a) the domestic warrant issued for his or her arrest and referred to in subparagraph (i) of section 33(1)(a),

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

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

(ii) the executing judicial authority ordered the surrender of the person in respect of one or more but not all of the offences specified in the European 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 European 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.

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

36.—(1) Where a person is surrendered to the State pursuant to a European 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 European 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 European arrest warrant.

(2) In this section “executing state” means, in relation to a European arrest warrant, a Member State (a judicial authority of which has ordered the arrest and surrender to the State, pursuant to the European 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) his or her surrender would constitute a contravention of any provision of the Constitution (other than for the reason that the offence specified in the European arrest warrant is an offence to which section 38(1)(b) applies),

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

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

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

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

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

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

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

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

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

(2) In this section—

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

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

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

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

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

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

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

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

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

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

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

(b) the offence is an offence to which paragraph 2 of Article 2 of the Framework Decision applies or is an offence that consists of conduct specified in that paragraph, and under the law of the issuing state the offence is punishable by imprisonment for a maximum period of not less than 3 years.

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

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

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

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

39 Pardon or amnesty.

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

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

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

40 Passage of time from commission of offence.

40.—A person shall not be surrendered under this Act where—

(a) the act or omission constituting the offence specified in the European arrest warrant issued in respect of him or her is an offence under the law of the State, and

(b) the person could not, by reason of the passage of time, be proceeded against, in the State, in respect of the second-mentioned offence.

41 Double jeopardy.

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

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

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

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

42 Proceedings in the State.

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

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

(b) proceedings have been brought in the State against the person for an offence consisting of an act or omission that constitutes in whole or in part the offence specified in the European arrest warrant issued in respect of him or her, or

(c) the Director of Public Prosecutions or the Attorney General, as the case may be, has decided not to bring, or to enter a nolle prosequi under section 12 of the Criminal Justice (Administration) Act 1924 in proceedings against the person for an offence consisting of an act or omission that constitutes in whole or in part the offence specified in the European arrest warrant issued in respect of him or her, for reasons other than that a European arrest warrant has been issued in respect of that person.

43 Age.

43.—A person shall not be surrendered under this Act if the offence specified in the European 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 European arrest warrant was issued could not be proceeded against by reason of his or her age.

44 Commission of offence outside issuing state.

44.—A person shall not be surrendered under this Act if the offence specified in the European 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.

45.—A person shall not be surrendered under this Act if—

(a) he or she was not present when he or she was tried for and convicted of the offence specified in the European arrest warrant, and

(b)(i) he or she was not notified of the time when, and place at which, he or she would be tried for the offence, or

(ii) he or she was not permitted to attend the trial in respect of the offence concerned,

unless the issuing judicial authority gives an undertaking in writing that the person will, upon being surrendered—

(i) be retried for that offence or be given the opportunity of a retrial in respect of that offence,

(ii) be notified of the time when, and place at which any retrial in respect of the offence concerned will take place, and

(iii) be permitted to be present when any such retrial takes place.

46 Immunity from prosecution.

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

PART 4 Miscellaneous

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

“(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.

CAIBIDIL 1 PRIONSABAIL GHINEARÁLTA

CAIBIDIL 2 NÓS IMEACHTA UM GHÉILLEADH

CAIBIDIL 3 NA hÉIFEACHTAÍ A LEANANN ÓN nGÉILLEADH

CAIBIDIL 4 FORÁLACHA GINEARÁLTA AGUS CRÍOCHNAITHEACHA

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

European Arrest Warrant Act 2003

PART 1 Preliminary and General

1 Short title and commencement.

2 Interpretation.

3 Designated States.

4 Application of Act.

5 Corresponding offences.

6 Central Authority in the State.

7 Orders and regulations.

8 Expenses.

PART 2 European Arrest Warrant

Chapter 1 European Arrest Warrant Received in State

9 Executing judicial authority in the State.

10 Obligation to surrender.

11 European arrest warrant.

12 Transmission of European arrest warrant.

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

14 Arrest without warrant on grounds of urgency.

15 Consent to surrender.

16 Committal of person named in European arrest warrant.

17 European arrest warrant relating to more than one offence.

18 Postponement of surrender.

19 Conditional surrender.

20 Additional documentation and information.

21 Movement of persons detained under this Act.

22 Rule of speciality disapplied.

23 Surrender of person by issuing state to other Member State.

24 Surrender of person by issuing state to third state.

25 Searches for purposes of European arrest warrant.

26 Handing over of property.

27 Remand.

28 Transit.

29 Multiple European arrest warrants.

30 European arrest warrants and requests for extradition.

Chapter 2 Issue of European Arrest Warrant by State

31 Definition.

32 Offences to which Article 2.2 of Framework Decision applies.

33 Issue of European arrest warrant by court in State.

34 Transmission of European arrest warrant issued in State.

35 Arrest of person surrendered to State.

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

PART 3 Prohibition on Surrender

37 Fundamental rights.

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

39 Pardon or amnesty.

40 Passage of time from commission of offence.

41 Double jeopardy.

42 Proceedings in the State.

43 Age.

44 Commission of offence outside issuing state.

45 Persons convicted in absentia.

46 Immunity from prosecution.

PART 4 Miscellaneous

47 Amendment of section 3 of Act of 1965.

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

49 Application of Part II of Act of 1965.

50 Repeal of Part III of Act of 1965.

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

52 Amendment of Act of 2001.

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.

CAIBIDIL 1 PRIONSABAIL GHINEARÁLTA

CAIBIDIL 2 NÓS IMEACHTA UM GHÉILLEADH

CAIBIDIL 3 NA hÉIFEACHTAÍ A LEANANN ÓN nGÉILLEADH

CAIBIDIL 4 FORÁLACHA GINEARÁLTA AGUS CRÍOCHNAITHEACHA

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

CHAPTER 1 GENERAL PRINCIPLES

CHAPTER 2 SURRENDER PROCEDURE

CHAPTER 3 EFFECTS OF THE SURRENDER

CHAPTER 4 GENERAL AND FINAL PROVISIONS