European Arrest Warrant Act 2003

Issue of European arrest warrant by court in State.

33

F64 [ 33. (1) A court may, upon an application made by or on behalf of the Director of Public Prosecutions, issue a European arrest warrant in respect of a person where it is satisfied that

( a ) a domestic warrant has been issued for the arrest of that person but has not been executed, and

( b ) a term of imprisonment or detention of not less than 4 months has been imposed on the person in respect of the offence concerned and the person is required to serve all or part of that term of imprisonment or detention, or, as the case may be, the person would, if convicted of the offence concerned, be liable to a term of imprisonment or detention of 12 months or more than 12 months. ]

F65 [ (1A) Where a court issues a European arrest warrant in respect of a person under this section, such issue shall be deemed to constitute a request by the court for entry of an alert and of a copy of the European arrest warrant in respect of that person.

(1B) F66 [ ] ]

(2) A European arrest warrant shall, in so far as is practicable, be in the form set out in the Annex to the Framework Decision F67 [ as amended by Council Framework Decision 2009/299/JHA ] and shall specify—

( a) the name and the nationality of the person to whom it relates,

( b) the name, address, fax number and e-mail address of—

(i) the District Court Office for the district in which the District Court was sitting when it issued the European arrest warrant,

(ii) the Circuit Court Office of the county in which the Circuit Criminal Court was sitting when it issued the European arrest warrant,

(iii) the Central Office of the High Court, or

(iv) the Registrar of the Special Criminal Court,

as may be appropriate,

( c) the offence to which the European arrest warrant relates including a description thereof,

( d) that a conviction, sentence or detention order is immediately enforceable against the person, or that a domestic warrant for his or her arrest has been issued in respect of that offence,

( e) the circumstances in which the offence was committed or is alleged to have been committed, including the time and place of its commission or alleged commission, and the degree of involvement or alleged degree of involvement of the person in the commission of the offence, and

( f)(i) the penalties to which the person named in the European arrest warrant would, if convicted of the offence to which the European arrest warrant relates, be liable,

(ii) where the person named in the European arrest warrant has been convicted of the offence specified therein and a sentence has been imposed in respect thereof, the penalties of which that sentence consists, and

(iii) where the person named in the European arrest warrant has been convicted of the offence specified therein but has not yet been sentenced, the penalties to which he or she is liable in respect of the offence.

(3) Where it is not practicable for the European arrest warrant to be in the form set out in the Annex to the Framework Decision, the European arrest warrant shall, in addition to containing the information specified in subsection (2), include such other information as would be required to be provided were it in that form.

(4) For the avoidance of doubt, a European arrest warrant may be issued in respect of one or more than one offence.

(5) In this section “court” means—

( a) the court that issued the domestic warrant F64 [ to which subsection (1)(a) applies ], or

( b) the High Court.

Annotations:

Amendments:

F64

Substituted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 19(a), (d), commenced on enactment.

F65

Inserted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 16(d), S.I. No. 330 of 2009.

F66

Repealed (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 19(b), commenced on enactment.

F67

Inserted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 19(c), commenced on enactment.

Editorial Notes:

E29

Previous affecting provision: subs. (1)(a) substituted and para. (b) amended (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 16(a)-(c), S.I. No. 330 of 2009; substituted as per F-note above.