European Arrest Warrant Act 2003

Transmission of European arrest warrant.

12

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 F18 [ issuing judicial authority or the issuing state, as may be appropriate, ] 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 F19 [ or any other document to be transmitted for the purposes of this Act ], may be transmitted to the Central Authority in the State by—

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

F20 [ ( b ) any means capable of producing a written record under conditions allowing the Central Authority in the State to establish its authenticity. ]

F21 [ (3A) An undertaking required under this Act may be set out in the European arrest warrant or in a separate document. ]

F22 [ (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. ]

(4) F23 [ ]

(5) F23 [ ]

(6) F23 [ ]

F20 [ (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. ]

(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 F24 [ an issuing judicial authority or the issuing state, as may be appropriate, ]

F25 [ ( c ) a document referred to in section 11(2A) (inserted by section 72 (b) of the Criminal Justice (Terrorist Offences) Act 2005), ]

( c) a translation of a European arrest warrant or undertaking under this Act, or

( 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 F26 [ ] 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.

F27 [ (11) In this section European arrest warrant includes a document referred to in section 11(2A) (inserted by section 72 (b) of the Criminal Justice (Terrorist Offences) Act 2005). ]

Annotations:

Amendments:

F18

Substituted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 73(a), commenced on enactment, subject to transitional provision in s. 68.

F19

Inserted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 8(a)(i), S.I. No. 330 of 2009, art. 2.

F20

Substituted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 8(a)(ii), (c), S.I. No. 330 of 2009, art. 2.

F21

Inserted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 73(b), commenced on enactment, subject to transitional provision in s. 68.

F22

Inserted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 7, commenced on enactment.

F23

Deleted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 8(b), S.I. No. 330 of 2009, art. 2.

F24

Substituted (8.23.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 73(f), commenced on enactment, subject to transitional provision in s. 68.

F25

Inserted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 73(g), commenced on enactment, subject to transitional provision in s. 68.

F26

Deleted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 8(d), S.I. No. 330 of 2009.

F27

Substituted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 73(h), commenced on enactment, subject to transitional provision in s. 68.

Editorial Notes:

E14

It may be that the numbering of the second subs. (8)(c) inserted as per F-note above was intended to be subs. (8)(e).

E15

Previous affecting provision: subss. (4), (5) substituted and subs. (6) amended (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), section 73(c)-(e), commenced on enactment; substituted as per F-note above.