Extradition Act 1965

Provisional arrest.

[Art. 16]

27

27. F44 [ (1) A judge of the F45 [ High Court ] may, without a certificate of the Minister under section 26 (1) ( a ), issue a warrant for the arrest of any person on the sworn information of a member of the Garda S í och á na not below the rank of inspector that a request for the provisional arrest of that person has been made, on the ground of urgency, on behalf of a country in relation to which this Part applies and on being satisfied that the request complies with the requirements of this section. ]

(2) A request for the provisional arrest of any person shall—

( a) state that one of the documents mentioned in paragraph ( a) of section 25 exists in respect of that person and that it is intended to send a request for his extradition,

( b) specify the nature of the offence and the time at which and the place where the offence is alleged to have been F46 [ committed, ]

( c) give a description of the person whose arrest is F47 [ sought, and ]

F48 [ ( d ) include a statement setting out the ground of urgency concerned. ]

F49 [ (2A) A request for the provisional arrest of a person made on behalf of a requesting country that is a Convention country shall

( a ) state that one of the documents mentioned in paragraph ( a ) of section 25(1) exists in respect of that person,

( b ) be accompanied by a statement of the offences to which the request relates specifying the nature and description under the law of the requesting country of the offences concerned,

( c ) specify the circumstances in which the offences were committed or alleged to have been committed including the time and place of their commission or alleged commission, and the degree of involvement or alleged degree of involvement of the person to whom the request relates in their commission or alleged commission, and

( d ) specify the penalties to which that person would be liable if convicted of the offences concerned or, where he has been convicted of those offences, the penalties that have been imposed or, where he has been convicted of those offences but not yet sentenced, the penalties to which he is liable,

hereafter in this section referred to as information furnished under subsection (2A) .

(2B) A member of the Garda S í och á na not below the rank of inspector shall provide a person, who is provisionally arrested pursuant to a warrant issued on foot of a request to which subsection (2A) applies, with the information furnished under subsection (2A) and shall inform him of his right to consent to his surrender under section 29A(1) (inserted by section 6 (b) of the Extradition (European Union Conventions) Act, 2001) and inquire of him whether he wishes to so consent. ]

(3) A request for provisional arrest may be transmitted F50 [ in writing, or by any means capable of producing a written record under conditions allowing its authenticity to be established ].

F51 [ (4) A warrant issued under this section may be executed by any member of the Garda S í och á na in any part of the State and may be so executed notwithstanding that it is not in the possession of the member at the time; and the warrant shall be shown to, and a copy of same given to, the person arrested at the time of such arrest or, if the warrant is not then in the possession of the member, within 24 hours thereafter. ]

(5) Where a justice issues a warrant under subsection (1) he shall forthwith inform the Minister of the issue of the warrant and the Minister may, if he thinks fit, order the warrant to be cancelled and the person arrested thereunder released.

F52 [ (6) A person arrested under a warrant issued under this section shall, unless the warrant is cancelled under subsection (5), be brought as soon as may be before a judge of the High Court and the judge shall remand the said person in custody or on bail pending

( a ) the receipt by him of a certificate of the Minister under section 26(1)( a ) (inserted by section 7( a ) of the Act of 1994) stating that the request for extradition has been duly made, or

( b ) (in circumstances where the person is remanded in custody) the release of that person under F53 [ under section 35 ] ]

F54 [ ] ]

F55 [ (7) If, within the period of 18 days after such person s arrest, no such certificate is produced, he shall be released. ]

(8) The release of any person under subsection (5) or (7) shall not prejudice his re-arrest and extradition if a request for his extradition is afterwards made.

F56 [ (9) A warrant for the arrest of a person may be issued under subsection (1) notwithstanding that, previously

( a ) a warrant for the arrest of that person has been issued, or

( b ) the issue of such a warrant has been refused.

(10) Where an information is sworn by a member of the Garda S í och á na not below the rank of inspector before a judge of the F45 [ High Court ] stating that a request for the provisional arrest of a person has been made, on the ground of urgency, on behalf of a country in relation to which this Part applies, then, in any proceedings it shall be presumed, unless the contrary is proved, that a request for the provisional arrest of the person has been made on the ground of urgency on behalf of a country in relation to which this Part applies.

(11) Where a person has been arrested under a warrant issued under this section and a certificate of the Minister under section 26 (1) ( a ) stating that a request for the extradition of the person has been duly made, has been produced to a F57 [ judge of the High Court ] , then, in any proceedings it shall be presumed, unless the contrary is proved, that a request in accordance with this Part for the extradition of the person has been duly made and has been duly received by the Minister. ]

Annotations:

Amendments:

F44

Substituted (22.08.1994) by Extradition (Amendment) Act 1994 (6/1994), s. 8(a), S.I. No. 220 of 1994.

F45

Substituted (20.03.2002) by Extradition (European Union Conventions) Act 2001 (49/2001), s. 20(1))(a), S.I. No. 85 of 2002.

F46

Substituted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 29(a)(i), commenced on enactment.

F47

Substituted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 29(a)(ii), commenced on enactment.

F48

Inserted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 29(a)(iii), commenced on enactment.

F49

Inserted (20.03.2002) by Extradition (European Union Conventions) Act 2001 (49/2001), s. 5, S.I. No. 85 of 2002.

F50

Substituted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 29(b), commenced on enactment.

F51

Substituted (22.08.1994) by Extradition (Amendment) Act 1994 (6/1994), s. 6(b), S.I. No. 220 of 1994.

F52

Substituted (20.03.2002) by Extradition (European Union Conventions) Act 2001 (49/2001), s. 20(1)(d), S.I. No. 85 of 2002.

F53

Substituted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 29(c), commenced on enactment.

F54

Deleted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 29(c), commenced on enactment.

F55

Substituted (22.08.1994) by Extradition (Amendment) Act 1994 (6/1994), s. 8(b), S.I. No. 220 of 1994.

F56

Inserted (22.08.1994) by Extradition (Amendment) Act 1994 (6/1994), s. 8(c), S.I. No. 220 of 1994.

F57

Substituted (20.03.2002) by Extradition (European Union Conventions) Act 2001 (49/2001), s. 20(1))(b), S.I. No. 85 of 2002.

F58

Inserted by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 24, not commenced as of date of revision.

Modifications (not altering text):

C10

Prospective affecting provision: subs. (3A), (3B), (12) inserted by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 24(a), (b), not commenced as of date of revision.

F58 [ (3A) For the purposes of this section an alert shall be deemed to constitute a request for provisional arrest of the person named therein and the provisions of subsection (2) of this section shall not apply.

(3B) ( a ) The Director of Public Prosecutions shall be a judicial authority for the purposes of requesting the entry of an alert in the SIS for the arrest and extradition of the person named therein.

( b ) The issue of a request for extradition by the Director of Public Prosecutions shall be deemed to constitute a request by the Director of Public Prosecutions for entry of an alert in the SIS for the arrest and extradition of the person named therein.

...

(12) In this section

alert means an alert entered in the SIS for the arrest and extradition, on foot of an extradition warrant, of the person named therein;

Council Decision means Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System;

Schengen Convention means the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders done at Schengen on 19 June 1990 and includes any amendment to or modification of that Convention whether before or after the passing of this Act but does not include the Council Decision;

SIS means the system referred to in Title IV of the Schengen Convention or, as appropriate, the system established under Chapter 1 of the Council Decision. ]

Editorial Notes:

E50

Previous affecting provision: subs. (6) substituted (22.08.1994) by Extradition (Amendment) Act 1994 (6/1994), s. 8(b), S.I. No. 220 of 1994; substituted as per F-note above.