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European Arrest Warrant (Amendment) Act 2024

Type Act

Publication 2024-03-12

State In force

Source Irish Statute Book

Reform history JSON API

1. Definition

1. In this Act, “Act of 2003” means the European Arrest Warrant Act 2003.

2. Application of Act

2. (1) The amendments to the Act of 2003 effected by this Act shall apply to a relevant arrest warrant and a true copy thereof, that is—

(a) endorsed in accordance with section 13(2) of the Act of 2003,

(b) produced to the High Court under section 14(4) of the Act of 2003, or

on or after the date on which this Act comes into operation.

(2) In this section—

“relevant arrest warrant” has the same meaning as it has in the Act of 2003;

“true copy” has the same meaning as it has in the Act of 2003.

3. Amendment of section 2 of Act of 2003

3. Section 2(1) of the Act of 2003 is amended—

(a) by the deletion of the definition of “Council Decision”,

(b) in the definition of “Schengen Convention”, by the substitution of “SIS Regulation” for “Council Decision”,

(d) by the insertion of the following definitions:

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

‘remand centre’ has the same meaning as it has in section 3 of the Children Act 2001;

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

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

4. Amendment of section 10 of Act of 2003

4. Section 10 of the Act of 2003 is amended—

(a) in paragraph (a)—

(i) by the substitution of “whom” for “against whom”, and

(ii) by the substitution of “prosecute” for “bring proceedings”,

(b) in paragraph (b), by the substitution of “a prosecution” for “proceedings”, and

5. Amendment of section 12 of Act of 2003

5. Section 12 of the Act of 2003 is amended by the substitution of the following subsection for subsection (3B):

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

6. Amendment of section 13 of Act of 2003

6. Section 13 of the Act of 2003 is amended—

(a) by the substitution of the following subsection for subsection (2):

“(2) Upon an application under subsection (1), the High Court shall, in relation to a relevant arrest warrant, decide as soon as may be whether there has been compliance with the provisions of this Act, and, if so satisfied, shall, in accordance with the provisions of this Act, endorse the relevant arrest warrant for execution.”,

(b) in subsection (4)—

(i) in paragraph (b), by the substitution of “representation,” for “representation, and”,

(ii) in paragraph (c), by the substitution of “an interpreter, and” for “an interpreter.”, and

(iii) by the insertion of the following paragraph after paragraph (c):

“(d) in the case of a Trade and Cooperation Agreement arrest warrant, and without prejudice to paragraph (b), obtain, or be provided with, professional legal advice in the issuing state for the purposes of assisting his or her legal representatives in the State in respect of the proceedings under this Act.”,

and

(i) in subparagraph (ii), by the substitution of “representation,” for “representation, and”,

(ii) in subparagraph (iii), by the substitution of “an interpreter, and” for “an interpreter.”, and

(iii) by the insertion of the following subparagraph after subparagraph (iii):

“(iv) in the case of a Trade and Cooperation Agreement arrest warrant, and without prejudice to subparagraph (ii), obtain, or be provided with, professional legal advice in the issuing state for the purposes of assisting his or her legal representatives in the State in respect of the proceedings under this Act.”.

7. Amendment of section 14 of Act of 2003

7. Section 14 of the Act of 2003 is amended—

(a) in subsection (5), by the substitution of “shall be released from custody or the terms of his or her bail” for “shall be released from custody”, and

(b) by the addition of the following subsections after subsection (5):

“(6) The release of a person under subsection (5) shall not prevent his or her re-arrest and surrender if a European arrest warrant for his or her surrender is received by the Central Authority and subsequently endorsed by the High Court for execution.

(7) Where the arrest and surrender of a person named in an alert is sought, the High Court shall direct the Commissioner of the Garda Síochána to request the SIRENE Bureau concerned to add a flag to the alert where—

(a) the person has been remanded on bail,

(b) the High Court has refused to surrender the person in accordance with section 16, or

8. Insertion of sections 14A and 14B in Act of 2003

8. The Act of 2003 is amended by the insertion of the following sections after section 14:

“Facilitation of hearing by judicial authority of issuing state

14A. (1) Without prejudice to Part 4 of the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020, this section applies where—

(a) a relevant arrest warrant has been issued by a judicial authority in an issuing state, and

(b) a decision regarding whether to make an order directing that a person be surrendered has not been taken.

(2) Where this section applies, the High Court shall, where practicable and on being satisfied that it is not contrary to the interests of justice, upon receiving a request from a judicial authority of an issuing state to facilitate a person in respect of whom the relevant arrest warrant was issued appearing using a live video link between that judicial authority and the place where the person is located, direct that arrangements be made to facilitate the video link request.

(3) Where a request is made, regarding a relevant arrest warrant issued in respect of a person who the issuing state intends to prosecute for an offence to which the warrant relates, that arrangements pursuant to the applicable relevant provisions be put in place to facilitate the person being heard by a judicial authority of the issuing state, the High Court shall decide whether—

(a) subject to subsection (5), to order the temporary transfer of the person to the issuing state, or

(b) to direct that the person be heard in accordance with subsection (7).

(4) The High Court shall, in making its decision under subsection (3), have regard to the views of the person concerned.

(5) The High Court shall not order a temporary transfer under subsection (3)(a) unless it is satisfied that the person shall be able to return to the State to participate in proceedings relating to him or her to which this Act applies.

(6) Where the High Court decides under subsection (3)(a) to order the temporary transfer of a person to the issuing state, the High Court shall, with the agreement of the issuing judicial authority, determine the conditions and duration of the transfer.

(7) Where the High Court decides under subsection (3)(b) to direct that the person be heard in accordance with subsection (7), the High Court shall, subject to subsection (8), direct that the person be heard—

(a) by a judge of the High Court, nominated by the President of the High Court, assisted by a person designated by the issuing state, and

(b) without prejudice to paragraph (a), otherwise in accordance with the law of the State applicable to proceedings under this Act.

(8) The High Court may, with the agreement of the issuing judicial authority, agree such other conditions as may be required for the purposes of this section.

(9) In this section, ‘applicable relevant provisions’ in relation to a relevant arrest warrant means—

(a) in respect of a European Arrest Warrant, Articles 18 and 19 of the Framework Decision,

(b) in respect of a Trade and Cooperation Arrest Warrant, Articles 617 and 618 of the Trade and Cooperation Agreement, and

(c) in respect of an arrest warrant within the meaning of the EU Iceland Norway Agreement, Articles 21 and 22 of the EU Iceland Norway Agreement.

Warrant for temporary transfer of person to issuing state

14B. (1) The Minister shall, on the grant of an order under subsection (3)(a), issue a warrant under section 66 of the Criminal Justice (Mutual Assistance) Act 2008 for the temporary transfer of the person out of the State to the issuing state.

(2) For the purposes of subsection (1), section 66 of the Criminal Justice (Mutual Assistance) Act 2008 shall apply subject to the following modifications:

(a) a reference in section 66 to a request shall be construed as a reference to a request under section 14A(3),

(b) a reference in section 66 to—

(i) a person serving a sentence of imprisonment in a prison, and

(ii) a prisoner,

shall be construed as a reference to the person referred to in subsection (1),

(i) designated state, and

(ii) requesting authority,

shall be construed as a reference to the issuing state,

(d) the purpose for which the warrant may be issued shall be to ensure that the person is heard in the issuing state pursuant to the applicable relevant provisions (within the meaning of section 14A),

(e) a reference in section 66 to a prison shall be construed as including a reference to a remand centre,

(f) subsections (2), (3) and (6) of section 66 shall not apply, and

(g) any other necessary modifications.”.

9. Amendment of section 15 of Act of 2003

9. Section 15 of the Act of 2003 is amended—

(a) in subsection (1)—

(i) in paragraph (c)—

(I) by the deletion of “21A,”, and

(II) by the substitution of “sections 80” for “sections 79, 80”,

and

(ii) in paragraph (d), by the substitution of “by, or refused under, Part 3” for “by Part 3”,

(b) in subsection (2)—

(i) in paragraph (c)—

(I) by the deletion of “21A,”, and

(II) by the substitution of “sections 80” for “sections 79, 80”,

and

(ii) in paragraph (d), by the substitution of “by, or refused under, Part 3” for “by Part 3”,

“(3) An order—

(a) under subsection (1) shall, subject to section 18, be made within the period of 10 days beginning on the date on which the person provides his or her consent to the High Court to his or her being surrendered to the issuing state, or

(b) under subsection (2) shall, following the period of time for which the person is remanded under section 14(3)(b)(ii) and subject to section 18, be made within the period of 10 days beginning on the date on which the person provides his or her consent to the High Court to his or her being surrendered to the issuing state.”,

(d) in subsection (3A), by the substitution of “subsections (5), (5C), (6) and (6A)” for “subsections (5) and (6)”,

(e) in subsection (4)(a), by the substitution of “within the period of 10 days referred to in paragraph (a) or (b), as applicable, of subsection (3)” for “at any time before his or her surrender to the issuing state”,

(f) in subsection (4)(b), by the substitution of “issuing state concerned and, where appropriate, that the person has renounced his or her entitlement not to be prosecuted, sentenced or otherwise deprived of his or her liberty for an offence committed prior to his or her surrender other than that for which he or she was surrendered,” for “issuing state concerned,”,

(g) in subsection (4)(c), by the substitution of “(or, if the person is not more than 18 years of age, in a remand centre)” for “(or, if the person is not more than 21 years of age, in a remand institution)”,

(h) by the substitution of the following subsection for subsection (5):

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

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

(i) notify the issuing judicial authority without delay and, with the agreement of that authority, fix a new date for the surrender of the person, and order that the person be detained in a prison (or if the person is not more than 18 years of age, in a remand centre) for a period not exceeding 10 days, pending the agreement of a date for the purpose of this subparagraph, and

(ii) on agreement of a date under subparagraph (i), order that the person be detained in a prison (or, if the person is not more than 18 years of age, in a remand centre) for a period not exceeding 10 days after the date fixed under subparagraph (i), pending the surrender,

(b) the High Court shall continue to apply the provisions of paragraph (a) for so long as it is satisfied that the person will not be surrendered before the expiration of the period specified under paragraph (a)(ii) because of circumstances beyond the control of the State or the issuing state concerned, and

(i) notify the issuing judicial authority without delay and, with the agreement of that authority, fix a new date for the surrender of the person, and

(ii) remand the person 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 was brought before it charged with an indictable offence) pending the carrying out of the order directing that the person be surrendered to the issuing state.”,

(i) by the substitution of the following subsection for subsection (5A):

“(5A) A person to whom an order for the time being in force under subsection (5)(a) applies shall be surrendered to the issuing state concerned not later than 10 days after any new date fixed under that subsection.”,

(j) in subsection (5B), by the substitution of “(or, if the person is not more than 18 years of age, in a remand centre)” for “(or, if the person is not more than 21 years of age, in a remand institution)”,

(k) by the insertion of the following subsection after subsection (5B):

“(5C) (a) Where, in particular circumstances, the High Court has not, within 10 days beginning on the date the person provides his or her consent to the High Court to his or her being surrendered to the issuing state, made an order under subsection (1) or (2) or has decided not to make an order under subsection (1) or (2), the Court shall, without delay, direct the Central Authority in the State to inform the issuing judicial authority in relation thereto and of the reasons therefor specified in the direction, and the Central Authority in the State shall comply with the direction.

(b) The Court may extend the period of time referred to in paragraph (a) for a further period of 30 days, where it considers it appropriate and just in the circumstances to do so.”,

(l) by the insertion of the following subsection after subsection (6):

“(6A) If, in exceptional circumstances, the proceedings referred to in subsection (6) have not been finally determined after the expiration of 40 days from the person’s consent, pursuant to subsection (3), the High Court shall—

(a) notify the issuing judicial authority and Eurojust without delay, provide reasons as to why the proceedings have not yet been finalised and, on conclusion of those proceedings and with that authority’s agreement, fix a new date for the surrender of the person, and

(b) order that the person be detained in a prison (or if the person is not more than 18 years of age, in a remand centre) for a period not exceeding 10 days after the date fixed under paragraph (a), pending the surrender.”,

and

(m) by the insertion of the following subsection after subsection (7):

“(7A) The period of 40 days referred to in subsection (6A) consists of the aggregate of the initial period of 10 days referred to in subsection (3) and such further extension of 30 days as may be granted by the High Court under subsection (5C)(b).”.

10. Amendment of section 16 of Act of 2003

10. Section 16 of the Act of 2003 is amended—

(a) in subsection (1)—

(i) by the substitution of “shall” for “may”,

(ii) by the substitution of “under section 13 or, subject to subsection (3),” for “under section 13 or”,

(iii) in paragraph (d)—

(I) by the deletion of “21A,”, and

(II) by the substitution of “sections 80” for “sections 79, 80”,

and

(iv) in paragraph (e), by the substitution of “by, or refused under, Part 3” for “by Part 3”,

(b) in subsection (2)—

(i) by the substitution of “shall” for “may”,

(ii) by the substitution of “under section 14 or, subject to section (3),” for “under section 14 or”,

(iii) in paragraph (c)—

(I) by the deletion of “21A,”, and

(II) by the substitution of “sections 80” for “sections 79, 80”,

and

(iv) in paragraph (d), by the substitution of “by, or refused under, Part 3” for “by Part 3”,

“(3) An order under subsection (1) or (2) shall, subject to subsection (3B)(b), be made not later than 60 days from the date of the person’s arrest.”,

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