27.—F49[(1) A judge of the F50[High Court] may, without a certificate of the Minister under section 26 (1) (a), issue a warrant for the arrest of any person on the sworn information of a member of the Garda Síochána not below the rank of inspector that a request for the provisional arrest of that person has been made, on the ground of urgency, on behalf of a country in relation to which this Part applies and on being satisfied that the request complies with the requirements of this section.]

(2) A request for the provisional arrest of any person shall—

(a) state that one of the documents mentioned in paragraph (a) of section 25 exists in respect of that person and that it is intended to send a request for his extradition,

(b) specify the nature of the offence and the time at which and the place where the offence is alleged to have been F51[committed,]

(c) give a description of the person whose arrest is F52[sought, and]

F53[(d) include a statement setting out the ground of urgency concerned.]

F54[(2A) A request for the provisional arrest of a person made on behalf of a requesting country that is a Convention country shall—

(a) state that one of the documents mentioned in paragraph (a) of section 25(1) exists in respect of that person,

(b) be accompanied by a statement of the offences to which the request relates specifying the nature and description under the law of the requesting country of the offences concerned,

(c) specify the circumstances in which the offences were committed or alleged to have been committed including the time and place of their commission or alleged commission, and the degree of involvement or alleged degree of involvement of the person to whom the request relates in their commission or alleged commission, and

(d) specify the penalties to which that person would be liable if convicted of the offences concerned or, where he has been convicted of those offences, the penalties that have been imposed or, where he has been convicted of those offences but not yet sentenced, the penalties to which he is liable,

hereafter in this section referred to as ‘information furnished under subsection (2A)’.

(2B) A member of the Garda Síochána not below the rank of inspector shall provide a person, who is provisionally arrested pursuant to a warrant issued on foot of a request to which subsection (2A) applies, with the information furnished under subsection (2A) and shall inform him of his right to consent to his surrender under section 29A(1) (inserted by section 6(b) of the Extradition (European Union Conventions) Act, 2001) and inquire of him whether he wishes to so consent.]

(3) A request for provisional arrest may be transmitted F55[in writing, or by any means capable of producing a written record under conditions allowing its authenticity to be established].

F56[(3A) For the purposes of this section an alert shall be deemed to constitute a request for provisional arrest of the person named therein and F57[the provisions of subsections (1) and (2)] shall not apply. ]

F58[(3AA) A member of An Garda Síochána may, without a warrant, arrest any person whom the member believes, on reasonable grounds, to be a person named in an alert.

(3AB) A person arrested under subsection (3AA) shall—

(a) upon the person’s arrest, be informed, in ordinary language, of the reason for the arrest, and

(b) as soon as may be after the person’s arrest, be furnished with a copy of the alert.]

F56[(3B) (a) The Director of Public Prosecutions shall be a judicial authority for the purposes of requesting the entry of an alert in the SIS for the arrest and extradition of the person named therein.

(b) The issue of a request for extradition by the Director of Public Prosecutions shall be deemed to constitute a request by the Director of Public Prosecutions for entry of an alert in the SIS for the arrest and extradition of the person named therein.]

F59[(4) A warrant issued under this section may be executed by any member of the Garda Síochána in any part of the State and may be so executed notwithstanding that it is not in the possession of the member at the time; and the warrant shall be shown to, and a copy of same given to, the person arrested at the time of such arrest or, if the warrant is not then in the possession of the member, within 24 hours thereafter.]

(5) Where a justice issues a warrant under subsection (1) he shall forthwith inform the Minister of the issue of the warrant and the Minister may, if he thinks fit, order the warrant to be cancelled and the person arrested thereunder released.

F60[(6) F57[A person arrested under this section shall, other than where the person is arrested under a warrant issued under this section and the warrant is cancelled under subsection (5)], be brought as soon as may be before a judge of the High Court and the judge shall remand the said person in custody or on bail pending—

(a) the receipt by him of a certificate of the Minister under section 26(1)(a) (inserted by section 7(a) of the Act of 1994) stating that the request for extradition has been duly made, or

(b) (in circumstances where the person is remanded in custody) the release of that person under F61[under section 35]

F62[…]]

F57[(7) If, within the period of 28 days after such person’s arrest, no such certificate is produced, he shall be released from custody or the terms of his bail.]

(8) The release of any person under subsection (5) or (7) shall not prejudice his re-arrest and extradition if a request for his extradition is afterwards made.

F63[(9) A warrant for the arrest of a person may be issued under subsection (1) notwithstanding that, previously—

(a) a warrant for the arrest of that person has been F57[issued,]

(b) the issue of such a warrant has been F57[refused, or]

F58[(c) that person was arrested under subsection (3AA) and subsequently released from custody or the terms of his or her bail in accordance with subsection (7).]

(10) Where an information is sworn by a member of the Garda Síochána not below the rank of inspector before a judge of the F50[High Court] stating that a request for the provisional arrest of a person has been made, on the ground of urgency, on behalf of a country in relation to which this Part applies, then, in any proceedings it shall be presumed, unless the contrary is proved, that a request for the provisional arrest of the person has been made on the ground of urgency on behalf of a country in relation to which this Part applies.

(11) Where a person has been arrested F64[…] under this section and a certificate of the Minister under section 26 (1) (a) stating that a request for the extradition of the person has been duly made, has been produced to a F65[judge of the High Court], then, in any proceedings it shall be presumed, unless the contrary is proved, that a request in accordance with this Part for the extradition of the person has been duly made and has been duly received by the Minister.]

F58[(11A) Where a person arrested under this section is the subject of an alert, the High Court shall direct the Commissioner of An Garda Síochána to request the SIRENE Bureau concerned to add a flag to the alert where—

(a) the person has been remanded on bail,

(b) the extradition of the person is prohibited by or refused under any provision of this Part, or

(c) the person has been released from custody or the terms of his or her bail in accordance with subsection (7).]

F56[(12) In this section—

"alert" means an alert entered in the SIS for the arrest and extradition, on foot of an extradition warrant, of the person named therein;

F64[…]

F58["flag" means the addition to an alert by the SIRENE Bureau concerned to the effect that an action to be taken on the basis of the alert in accordance with Article 24, 25 or 26 of the SIS Regulation shall not be taken in the State;]

"Schengen Convention" means the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders done at Schengen on 19 June 1990 and includes any amendment to or modification of that Convention whether before or after the passing of this Act but does not include the F57[SIS Regulation];

F58["SIRENE Bureau" means the authority designated by the Swiss Confederation or the Principality of Liechtenstein, as the case may be, in accordance with Article 7 of the SIS Regulation to perform the functions referred to in that Article;]

"SIS" means the system referred to in Title IV of the Schengen Convention or, as appropriate, the system established under Chapter 1 of the F57[SIS Regulation].]

F58["SIS Regulation" means Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018³, as amended by Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019⁴, Regulation (EU) 2021/1133 of the European Parliament and of the Council of 7 July 2021⁵, Regulation (EU) 2021/1150 of the European Parliament and of the Council of 7 July 2021⁶ and Regulation (EU) 2022/1190 of the European Parliament and of the Council of 6 July 2022⁷;]