European Arrest Warrant Act 2003

Transit.

28

28.—(1) Transit through the State of a person being conveyed from an executing state to an issuing state, upon his or her surrender pursuant to a European arrest warrant, shall be permitted where the Central Authority in the State receives a request in that behalf from the issuing state and where the issuing state provides the Central Authority in the State with the following information:

( a) the nationality of the person and such other information as will enable the person to be identified by the Central Authority in the State;

( b) information showing that a European arrest warrant has been issued by the issuing state in respect of the person;

( c) the nature and classification under the law of the issuing state of the offence to which the European arrest warrant relates;

( d) the circumstances in which the offence specified in the European arrest warrant was committed or is alleged to have been committed, including the date and place of its commission.

(2) The transit of a person through the State shall be supervised by members of the Garda Síochána if the Central Authority in the State considers it appropriate, and where a person's transit is so supervised the person shall be deemed to be in the custody of any member of the Garda Síochána who accompanies him or her.

(3) ( a) This subsection applies to an aircraft that has taken off from a place (other than the State) and that is scheduled to land in a place (other than the State) and on board which there is a person who is being conveyed to an issuing state upon his or her surrender pursuant to a European arrest warrant.

( b) Where an aircraft to which this subsection applies lands (for whatever reason) in the State, the issuing state shall, upon its landing or as soon as may be after it lands, provide the Central Authority in the State with the information referred to in subsection (1).

( c) While an aircraft to which this subsection applies is in the State, a person referred to in paragraph (a) who is on board that aircraft shall be deemed to be in transit through the State and subsection (2) shall apply accordingly.

(4) Where a person has been extradited by a third country to a Member State this section shall apply subject to the modifications that—

( a) the reference to an executing state shall be construed as a reference to a third state,

( b) references to a European arrest warrant shall be construed as references to an extradition request, and

( c) references to an issuing state shall be construed as references to a Member State.

(5) 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 issuing state, pursuant to the European arrest warrant, of a person in respect of whom that warrant was issued).