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45 2003

European Arrest Warrant Act 2003

Chapter 2

Issue of European Arrest Warrant by State

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.

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 .

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,

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

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

(e) the circumstances in which the offence was committed or is alleged to have been committed, including the time and place of its commission or alleged commission, and the degree of involvement or alleged degree of involvement of the person in the commission of the offence, and

(f)   (i) the penalties to which the person named in the 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.

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.

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

(c) where—

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

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

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).