European Arrest Warrant Act 2003


Number 45 of 2003


EUROPEAN ARREST WARRANT ACT 2003

REVISED

Updated to 12 December 2019


This Revised Act is an administrative consolidation of the European Arrest Warrant Act 2003. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Prohibition of Nuclear Weapons Act 2019 (40/2019), enacted 11 December 2019, and all statutory instruments up to and including the European Union (Eurojust) Regulations 2019 (S.I. No. 637 of 2019), made 13 December 2019, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 45 of 2003


EUROPEAN ARREST WARRANT ACT 2003

REVISED

Updated to 12 December 2019


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

European Arrest Warrant Acts 2003 and 2012 : this Act is one of a group of Acts included in this collective citation ( European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 1(2)). The Acts in this group are:

European Arrest Warrant Act 2003 (45/2003)

European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), Part 2

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Criminal Justice (International Co-Operation) Act 2019 (27/2019)

European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012)

Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009)

Criminal Justice (Terrorist Offences) Act 2005 (2/2005)

All Acts up to and including Prohibition of Nuclear Weapons Act 2019 (40/2019), enacted 11 December 2019, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

European Union (Eurojust) Regulations 2019 (S.I. No. 637 of 2019)

European Arrest Warrant Act 2003 (Designated Member States) Order 2014 (S.I. No. 84 of 2014)

European Communities Act 1972 (Interpretation and Translation in Criminal Proceedings) Regulations 2013 (S.I. No. 565 of 2013)

European Arrest Warrant Act 2003 (Designated Member States) (No. 2) Order 2007 (S.I. No. 59 of 2007)

European Arrest Warrant Act 2003 (Designated Member States) Order 2007 (S.I. No. 18 of 2007)

European Arrest Warrant Act 2003 (Designated Member States) (No. 2) Order 2005 (S.I. No. 240 of 2005)

European Arrest Warrant Act 2003 (Designated Member States) Order 2005 (S.I. No. 27 of 2005)

European Arrest Warrant Act 2003 (Designated Member States) (No. 6) Order 2004 (S.I. No. 532 of 2004)

European Arrest Warrant Act 2003 (Designated Member States) (No. 5) Order 2004 (S.I. No. 449 of 2004)

European Arrest Warrant Act 2003 (Designated Member States) (No. 4) Order 2004 (S.I. No. 400 of 2004)

European Arrest Warrant Act 2003 (Designated Member States) (No. 3) Order 2004 (S.I. No. 206 of 2004)

European Arrest Warrant Act 2003 (Designated Member States) (No. 2) Order 2004 (S.I. No. 130 of 2004)

European Arrest Warrant Act 2003 (Designated Member States) Order 2004 (S.I. No. 4 of 2004)

All statutory instruments up to and including European Union (Eurojust) Regulations 2019 (S.I. No. 637 of 2019), made 13 December 2019, were considered in the preparation of this revision.


Number 45 of 2003


EUROPEAN ARREST WARRANT ACT 2003

REVISED

Updated to 12 December 2019


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Designated States.

4.

Application of Act.

4A.

Issuing state presumed to comply with Framework Decision.

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 for surrender purposes.

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.

21A.

Refusal of surrender where no decision to prosecute.

22.

Rule of specialty 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. (Repealed)

41.

Double jeopardy.

42.

Proceedings in the State.

43.

Age.

44.

Commission of offence outside issuing state.

45.

Persons convicted in absentia.

45A.

Identification procedures.

45B.

Transfer of persons to state from which surrendered.

45C.

Technical flaws in applications for surrender.

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.

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.


Acts Referred to

Criminal Justice (Administration) Act 1924

1924, No. 44

Criminal Justice Act 1960

1960, No. 27

European Communities Act 1972

1972, No. 27

Extradition Act 1965

1965, No. 17

Extradition Acts 1965 to 2001

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

1987, No. 1

Extradition (European Union Conventions) Act 2001

2001, No. 49


Number 45 of 2003


EUROPEAN ARREST WARRANT ACT 2003

REVISED

Updated to 12 December 2019


AN ACT TO GIVE EFFECT TO COUNCIL FRAMEWORK DECISION OF 13 JUNE 2002 1 ON THE EUROPEAN ARREST WARRANT AND THE SURRENDER PROCEDURES BETWEEN MEMBER STATES; TO AMEND THE EXTRADITION ACT 1965 AND CERTAIN OTHER ENACTMENTS; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH. [28 th December, 2003]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Application of Act restricted (20.12.2013) by European Communities Act 1972 (Interpretation and Translation in Criminal Proceedings) Regulations 2013 (S.I. No. 565 of 2013), reg. 10.

PART IV

Proceedings for the execution of a European arrest warrant

10. Notwithstanding the provisions of the European Arrest Warrant Act 2003 (as amended), Parts I, II and III of these Regulations shall apply with any necessary modifications in proceedings for the execution of a European arrest warrant.