European Arrest Warrant Act 2003

F31 [ Arrest without warrant for surrender purposes.

14

14. (1) A member of the Garda S í och á na may arrest any person without a warrant that the member believes, on reasonable grounds, to be a person named in an alert.

(2) A person arrested under this section shall, upon his or her arrest, be informed, in ordinary language, of the reason for the arrest and of his or her right to

( a ) obtain or be provided with professional legal advice and representation, and

( b ) where appropriate, obtain or be provided with the services of an interpreter.

(3) A person arrested under this section shall, as soon as may be after his or her arrest

( a ) be furnished with a copy of the alert, and

( b ) be brought before the High Court, which court shall, if satisfied that he or she is the person named in the alert

(i) inform the person of his or her right to

(I) obtain or be provided with professional legal advice and representation, and

(II) where appropriate, obtain or be provided with the services of an interpreter,

and

(ii) remand the person in custody or, at its discretion, on bail for a period not exceeding 14 days (and for that purpose the High Court shall have the same powers in relation to remand as it would have if the person were brought before it charged with an indictable offence) for production to the High Court of the European arrest warrant on foot of which the alert was entered.

(4) Where, in respect of a person remanded in custody or on bail under subsection (3) , a European arrest warrant is transmitted to the Central Authority in the State pursuant to section 12

( a ) that person shall be brought before the High Court as soon as may be,

( b ) the European arrest warrant shall be produced to the High Court,

( c ) a copy shall be given to that person, and

( d ) the High Court, if satisfied that the provisions of this Act have been complied with and that the person before it is the person in respect of whom the European arrest warrant was issued, shall

(i) inform the person of his or her right to consent to being surrendered to the issuing state under section 15 , and

(ii) if the person does not exercise his or her right to consent under paragraph (i)

(I) remand the person in custody or 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 were brought before it charged with an indictable offence), and

(II) fix a date for the purposes of section 16 within the period of 21 days next following.

(5) Where, in respect of a person remanded in custody or on bail under subsection (3) , the European arrest warrant is not produced on the date fixed by the Court for the purpose under that subsection the person shall be released from custody. ]

Annotations:

Amendments:

F31

Substituted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 10, S.I. No. 330 of 2009.

Editorial Notes:

E17

Previous affecting provisions: subss. (6), (7) substituted and subs. (10) amended (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 74, commenced on enactment; section substituted as per F-note above.