9.—For the purposes of F18[the relevant agreement], the High Court shall be the executing judicial authority in the State.

F19[10.—Where a judicial authority in an issuing state F20[…] issues a F21[relevant arrest warrant] in respect of a person—

(a) F22[whom] that state intends to F22[prosecute] for an offence to which the F21[relevant arrest warrant] relates,

(b) who is the subject of F22[a prosecution] in that state for an offence F23[in that state] to which the F21[relevant arrest warrant] relates,

(c) who has been convicted of, but not yet sentenced in respect of, an offence F24[in that state] to which the F21[relevant arrest warrant] relates, or

(d) on whom a sentence of imprisonment or detention has been imposed F24[…] in respect of an offence to which the F21[relevant arrest warrant] relates, F25[…]

(i) F25[…]

(ii) F25[…]

that person shall, F26[subject to and in accordance with the provisions of this Act, be arrested] and surrendered to the issuing state.]

11.—F28[(1) A relevant arrest warrant shall, in so far as is practicable - (a) in the case of a European arrest warrant, be in the form set out in the Annex to the Framework Decision as amended by Council Framework Decision 2009/299/JHA, (b) in the case of a Trade and Cooperation Agreement arrest warrant, be in the form set out in Annex Law-5 to the Trade and Cooperation Agreement, and (c) in the case of an arrest warrant within the meaning of the EU-Iceland Norway Agreement, be in the form set out in the Annex to the EU-Iceland Norway Agreement.]

F29[(1A) Subject to subsection (2A), a F28[relevant arrest warrant] shall specify—

(a) the name and the nationality of the person in respect of whom it is issued,

(b) the name of the judicial authority that issued the F28[relevant arrest warrant], and the address of its principal office,

(c) the telephone number, fax number and email address (if any) of that judicial authority,

(d) the offence to which the F28[relevant arrest warrant] relates, including the nature and classification under the law of the issuing state of the offence concerned,

(e) that a conviction, sentence or detention order is immediately enforceable against the person, or that a warrant for his or her arrest, or other order of a judicial authority in the issuing state having the same effect, has been issued in respect of F30[one of the offences to which the F28[relevant arrest warrant] relates,]

(f) 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

(g) (i) the penalties to which that person would, if convicted of the offence specified in the F28[relevant arrest warrant], be liable,

(ii) where that person has been convicted of the offence specified in the F28[relevant arrest warrant] but has not yet been sentenced, the penalties to which he or she is liable in respect of the offence, or

(iii) where that person has been convicted of the offence specified in the F28[relevant arrest warrant] and a sentence has been imposed in respect thereof, the penalties of which that sentence consists.]

(2) Where it is not practicable for the F28[relevant arrest warrant] to be in the form referred to in subsection (1), it shall include such information, additional to the information specified in subsection F30[(1A)], as would be required to be provided were it in that form.

F30[(2A) If any of the information to which subsection (1A) (inserted by section 72(a) of the Criminal Justice (Terrorist Offences) Act 2005) refers is not specified in the F28[relevant arrest warrant], it may be specified in a separate document.]

(3) F31[…]

(4) For the avoidance of doubt, a F28[relevant arrest warrant] may be issued in respect of one or more than one offence.

12.—(1) A F32[relevant arrest warrant] shall be transmitted by, or on behalf of, the issuing judicial authority to the Central Authority in the State and, where the F32[relevant 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 F32[relevant arrest warrant] into the Irish language or the English language shall be so transmitted with the F32[relevant arrest warrant].

(2) Such undertakings as are required to be given under this Act shall be transmitted by, or on behalf of, the F33[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 F32[relevant arrest warrant], or an undertaking required to be given under this Act F34[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

F35[(b) any means capable of producing a written record under conditions allowing the Central Authority in the State to establish its authenticity.]

F36[(3A) An undertaking required under this Act may be set out in the F32[relevant arrest warrant] or in a separate document.]

F37[(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 and, in the case of the further transmission of the document electronically by or on behalf of the Central Authority in the State to the High Court, the written record of the document that is further transmitted shall be deemed to be the document that was transmitted to the Central Authority.]

(4) F38[…]

(5) F38[…]

(6) F38[…]

F35[(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 F32[relevant arrest warrant] issued by a judicial authority in the issuing state,

(b) an undertaking required under this Act of F39[an issuing judicial authority or the issuing state, as may be appropriate,]

F40[(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 F32[relevant 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 F41[…] true copy of a F32[relevant arrest warrant], undertaking or translation referred to in subsection (8) shall, unless the contrary is shown, be evidence of the F32[relevant 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.

F42[(11) In this section "F32[relevant arrest warrant]" includes a document referred to in section 11(2A) (inserted by section 72(b) of the Criminal Justice (Terrorist Offences) Act 2005).]

13.—(1) The Central Authority in the State shall, as soon as may be after it receives a F43[relevant arrest warrant] transmitted to it in accordance with section 12, apply, or cause an application to be made, to the High Court for the endorsement by it of the F43[relevant arrest warrant], or a F44[…] true copy thereof, for execution of the F43[relevant arrest warrant] concerned.

F46[(2) Upon an application under subsection (1), the High Court shall, in relation to a relevant arrest warrant, decide as soon as may be whether there has been compliance with the provisions of this Act, and, if so satisfied, shall, in accordance with the provisions of this Act, endorse the relevant arrest warrant for execution.]

(3) A F43[relevant arrest warrant] may, upon there being compliance with subsection (2), 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 when he or she executes the F43[relevant arrest warrant], and the warrant, F47[…] the true copy of the warrant, as the case may be, endorsed in accordance with subsection (2), shall be shown to and a copy thereof given to, the person arrested at the time of his or her arrest or, if the warrant F47[…] or true copy, as the case may be, is not then in the possession of the member, not later than 24 hours after the person’s arrest.

(4) A person arrested under a F43[relevant arrest warrant] shall, upon his or her arrest, be informed of his or her right to—

(a) consent to his or her being surrendered to the issuing state under section 15,

(b) obtain, or be provided with, professional legal advice and F48[representation,]

(c) where appropriate, obtain, or be provided with, the services of F48[an interpreter, and]

F49[(d) in the case of a Trade and Cooperation Agreement arrest warrant, and without prejudice to paragraph (b), obtain, or be provided with, professional legal advice in the issuing state for the purposes of assisting his or her legal representatives in the State in respect of the proceedings under this Act.]

(5) A person arrested under a F43[relevant arrest warrant] shall, as soon as may be after his or her arrest, be brought before the High Court, and the High Court shall, if satisfied that that person is the person in respect of whom the F43[relevant arrest warrant] was issued—

(a) 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),

(b) fix a date for the purpose of section 16 (being a date that falls not later than 21 days after the date of the person's arrest), and

(c) inform the person that he or she has the right to—

(i) consent to his or her surrender to the issuing state under section 15,

(ii) obtain, or be provided with, professional legal advice and F48[representation,]

(iii) where appropriate, obtain, or be provided with, the services of F48[an interpreter, and]

F49[(iv) in the case of a Trade and Cooperation Agreement arrest warrant, and without prejudice to subparagraph (ii), obtain, or be provided with, professional legal advice in the issuing state for the purposes of assisting his or her legal representatives in the State in respect of the proceedings under this Act.]

14.— (1) A member of the Garda Síochána 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 F51[shall be released from custody or the terms of his or her bail].]

F52[(6) The release of a person under subsection (5) shall not prevent his or her re-arrest and surrender if a European arrest warrant for his or her surrender is received by the Central Authority and subsequently endorsed by the High Court for execution.

(7) Where the arrest and surrender of a person named in an alert is sought, the High Court shall direct the Commissioner of the 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 High Court has refused to surrender the person in accordance with section 16, or

(c) the person has been released from custody or the terms of his or her bail in accordance with subsection (5).]

14A.—(1) Without prejudice to Part 4 of the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020, this section applies where—

(a) a relevant arrest warrant has been issued by a judicial authority in an issuing state, and

(b) a decision regarding whether to make an order directing that a person be surrendered has not been taken.

(2) Where this section applies, the High Court shall, where practicable and on being satisfied that it is not contrary to the interests of justice, upon receiving a request from a judicial authority of an issuing state to facilitate a person in respect of whom the relevant arrest warrant was issued appearing using a live video link between that judicial authority and the place where the person is located, direct that arrangements be made to facilitate the video link request.

(3) Where a request is made, regarding a relevant arrest warrant issued in respect of a person who the issuing state intends to prosecute for an offence to which the warrant relates, that arrangements pursuant to the applicable relevant provisions be put in place to facilitate the person being heard by a judicial authority of the issuing state, the High Court shall decide whether—

(a) subject to subsection (5), to order the temporary transfer of the person to the issuing state, or

(b) to direct that the person be heard in accordance with subsection (7).

(4) The High Court shall, in making its decision under subsection (3), have regard to the views of the person concerned.

(5) The High Court shall not order a temporary transfer under subsection (3)(a) unless it is satisfied that the person shall be able to return to the State to participate in proceedings relating to him or her to which this Act applies.

(6) Where the High Court decides under subsection (3)(a) to order the temporary transfer of a person to the issuing state, the High Court shall, with the agreement of the issuing judicial authority, determine the conditions and duration of the transfer.

(7) Where the High Court decides under subsection (3)(b) to direct that the person be heard in accordance with subsection (7), the High Court shall, subject to subsection (8), direct that the person be heard—

(a) by a judge of the High Court, nominated by the President of the High Court, assisted by a person designated by the issuing state, and

(b) without prejudice to paragraph (a), otherwise in accordance with the law of the State applicable to proceedings under this Act.

(8) The High Court may, with the agreement of the issuing judicial authority, agree such other conditions as may be required for the purposes of this section.

(9) In this section, "applicable relevant provisions" in relation to a relevant arrest warrant means—

(a) in respect of a European Arrest Warrant, Articles 18 and 19 of the Framework Decision,

(b) in respect of a Trade and Cooperation Arrest Warrant, Articles 617 and 618 of the Trade and Cooperation Agreement, and

(c) in respect of an arrest warrant within the meaning of the EU Iceland Norway Agreement, Articles 21 and 22 of the EU Iceland Norway Agreement.]

14B.—(1) The Minister shall, on the grant of an order under subsection (3)(a), issue a warrant under section 66 of the Criminal Justice (Mutual Assistance) Act 2008 for the temporary transfer of the person out of the State to the issuing state.

(2) For the purposes of subsection (1), section 66 of the Criminal Justice (Mutual Assistance) Act 2008 shall apply subject to the following modifications:

(a) a reference in section 66 to a request shall be construed as a reference to a request under section 14A(3),

(b) a reference in section 66 to—

(i) a person serving a sentence of imprisonment in a prison, and

(ii) a prisoner,

shall be construed as a reference to the person referred to in subsection (1),

(c) a reference in section 66 to a—

(i) designated state, and

(ii) requesting authority,

shall be construed as a reference to the issuing state,

(d) the purpose for which the warrant may be issued shall be to ensure that the person is heard in the issuing state pursuant to the applicable relevant provisions (within the meaning of section 14A),

(e) a reference in section 66 to a prison shall be construed as including a reference to a remand centre,

(f) subsections (2), (3) and (6) of section 66 shall not apply, and

(g) any other necessary modifications.]

15.—F55[(1) Where a person is brought before the High Court under section 13, he or she may consent to his or her being surrendered to the issuing state and, if he or she so consents, the High Court shall—

(a) if the F56[relevant arrest warrant], or a F57[…] true copy thereof, has been endorsed in accordance with section 13 for execution of the warrant,

(b) if it is satisfied that—

(i) the person voluntarily consents to his or her being surrendered to the issuing state concerned and is aware of the consequences of his or her so consenting, and

(ii) the person has obtained, or has been afforded the opportunity of obtaining or being provided with professional legal advice before consenting to his or her surrender,

(c) if it is not required, under F58[…] 22, 23 or 24 (inserted by F59[sections 80], 81 and 82 of the Criminal Justice (Terrorist Offences) Act 2005), to refuse to surrender the person under this Act, and

F60[(d) if the surrender of the person is not prohibited F59[by, or refused under, Part 3],]

make an order directing that the person be surrendered to such other person as is duly authorised by the issuing state to receive him or her.

(2) Where a person is brought before the High Court under section 14, he or she may consent to his or her being surrendered to the issuing state and, if he or she so consents, the High Court shall—

(a) upon production to the High Court of the F56[relevant arrest warrant] or F61[a true copy] thereof,

(b) if it is satisfied that—

(i) the person voluntarily consents to his or her being surrendered to the issuing state concerned and is aware of the consequences of his or her so consenting, and

(ii) the person has obtained, or has been afforded the opportunity of obtaining or being provided with, professional legal advice and representation before consenting to his or her surrender,

(c) if it is not required, under F58[…] 22, 23 or 24 (inserted by F59[sections 80], 81 and 82 of the Criminal Justice (Terrorist Offences) Act 2005), to refuse to surrender the person under this Act, and

F60[(d) if the surrender of the person is not prohibited F59[by, or refused under, Part 3],]

make an order directing that the person be surrendered to such other person as is duly authorised by the issuing state to receive him or her.]

F62[(3) An order—

(a) under subsection (1) shall, subject to section 18, be made within the period of 10 days beginning on the date on which the person provides his or her consent to the High Court to his or her being surrendered to the issuing state, or

(b) under subsection (2) shall, following the period of time for which the person is remanded under section 14(3)(b)(ii) and subject to section 18, be made within the period of 10 days beginning on the date on which the person provides his or her consent to the High Court to his or her being surrendered to the issuing state.]

F60[(3A) Subject to F62[subsections (5), (5C), (6) and (6A)], a person to whom an order for the time being in force under subsection (1) or (2) applies shall be surrendered to the issuing state concerned not later than 10 days after the order takes effect in accordance with subsection (3).]

F63[(3B) An appeal against an order under subsection (1) or (2), or a decision not to make such an order, may be brought in the Supreme Court if, and only if, the High Court certifies that the order or decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Supreme Court.]

F64[(4) Where the High Court makes an order under subsection (1) or (2), it shall, unless it orders postponement of surrender under section 18—

(a) inform the person to whom the order relates of his or her right to make a complaint under Article 40.4.2° of the Constitution F65[within the period of 10 days referred to in paragraph (a) or (b), as applicable, of subsection (3)],

(b) record in writing that the person concerned has consented to his or her being surrendered to the F65[issuing state concerned and, where appropriate, that the person has renounced his or her entitlement not to be prosecuted, sentenced or otherwise deprived of his or her liberty for an offence committed prior to his or her surrender other than that for which he or she was surrendered,]

(c) order that that person be detained in a prison F65[(or, if the person is not more than 18 years of age, in a remand centre)] for a period not exceeding 20 days pending the carrying out of the terms of the order, and

(d) direct that the person be again brought before the High Court—

(i) if he or she is not surrendered before the expiration of the time for surrender under subsection (3A), as soon as practicable after that expiration, or

(ii) if it appears to the Central Authority in the State that, because of circumstances beyond the control of the State or the issuing state concerned, that person will not be surrendered on the expiration referred to in subparagraph (i), before that expiration.]

F66[(5) Where a person is brought before the High Court pursuant to subsection (4)(d)—

(a) the High Court shall, if satisfied that, because of circumstances beyond the control of the State or the issuing state concerned, the person was not surrendered within the time for surrender under subsection (3A) or, as the case may be, will not be so surrendered—

(i) notify the issuing judicial authority without delay and, with the agreement of that authority, fix a new date for the surrender of the person, and order that the person be detained in a prison (or if the person is not more than 18 years of age, in a remand centre) for a period not exceeding 10 days, pending the agreement of a date for the purpose of this subparagraph, and

(ii) on agreement of a date under subparagraph (i), order that the person be detained in a prison (or, if the person is not more than 18 years of age, in a remand centre) for a period not exceeding 10 days after the date fixed under subparagraph (i), pending the surrender,

(b) the High Court shall continue to apply the provisions of paragraph (a) for so long as it is satisfied that the person will not be surrendered before the expiration of the period specified under paragraph (a)(ii) because of circumstances beyond the control of the State or the issuing state concerned, and

(c) in any other case, the High Court shall—

(i) notify the issuing judicial authority without delay and, with the agreement of that authority, fix a new date for the surrender of the person, and

(ii) remand the person 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 was brought before it charged with an indictable offence) pending the carrying out of the order directing that the person be surrendered to the issuing state.]

F66[(5A) A person to whom an order for the time being in force under subsection (5)(a) applies shall be surrendered to the issuing state concerned not later than 10 days after any new date fixed under that subsection.]

F67[(5B) Where a person is ordered, under subsection (4)(c), to be detained in a prison F66[(or, if the person is not more than 18 years of age, in a remand centre)] and is brought before the High Court pursuant to subsection (4)(d), the person shall be deemed to be in lawful custody at all times beginning at the time of the making of the order under subsection (4)(c) and ending when he or she is brought before the Court.]

F68[(5C) (a) Where, in particular circumstances, the High Court has not, within 10 days beginning on the date the person provides his or her consent to the High Court to his or her being surrendered to the issuing state, made an order under subsection (1) or (2) or has decided not to make an order under subsection (1) or (2), the Court shall, without delay, direct the Central Authority in the State to inform the issuing judicial authority in relation thereto and of the reasons therefor specified in the direction, and the Central Authority in the State shall comply with the direction.

(b) The Court may extend the period of time referred to in paragraph (a) for a further period of 30 days, where it considers it appropriate and just in the circumstances to do so.]

F69[(6) Where a person—

(a) lodges an appeal pursuant to subsection (3B), or

(b) makes a complaint under Article 40.4.2° of the Constitution,

he or she shall not be surrendered to the issuing state while proceedings relating to the appeal or complaint are pending.

F68[(6A) If, in exceptional circumstances, the proceedings referred to in subsection (6) have not been finally determined after the expiration of 40 days from the person’s consent, pursuant to subsection (3), the High Court shall—

(a) notify the issuing judicial authority and Eurojust without delay, provide reasons as to why the proceedings have not yet been finalised and, on conclusion of those proceedings and with that authority’s agreement, fix a new date for the surrender of the person, and

(b) order that the person be detained in a prison (or if the person is not more than 18 years of age, in a remand centre) for a period not exceeding 10 days after the date fixed under paragraph (a), pending the surrender.]

(7) Where a person lodges an appeal pursuant to subsection (3B), the High Court may remand the person in custody or on bail pending the hearing of the appeal 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.]

F68[(7A) The period of 40 days referred to in subsection (6A) consists of the aggregate of the initial period of 10 days referred to in subsection (3) and such further extension of 30 days as may be granted by the High Court under subsection (5C)(b).]

(8) F70[…]

(9) F70[…]

16.—F71[(1) Where a person does not consent to his or her surrender to the issuing state F72[…] the High Court F73[shall], upon such date as is fixed F73[under section 13 or, subject to subsection (3),] such later date as it considers appropriate, make an order directing that the person be surrendered to such other person as is duly authorised by the issuing state to receive him or her, provided that—

(a) the High Court is satisfied that the person before it is the person in respect of whom the F74[relevant arrest warrant] was issued,

(b) the F74[relevant arrest warrant], or a F72[…] true copy thereof, has been endorsed in accordance with section 13 for execution of the warrant,

F75[(c) the F74[European arrest warrant or Trade and Cooperation Agreement arrest warrant, as the case may be,] states, where appropriate, the matters required by section 45 (inserted by section 23 of the European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012),]

(d) the High Court is not required, under F76[…] 22, 23 or 24 (inserted by F73[sections 80], 81 and 82 of the Criminal Justice (Terrorist Offences) Act 2005), to refuse to surrender the person under this Act, and

F75[(e) the surrender of the person is not prohibited F73[by, or refused under, Part 3].]]

F71[(2) Where a person does not consent to his or her surrender to the issuing state F72[…], the High Court F77[shall], upon such date as is fixed F77[under section 14 or, subject to section (3),] such later date as it considers appropriate, make an order directing that the person be surrendered to such other person as is duly authorised by the issuing state to receive him or her, provided that—

F75[(a) the F74[European arrest warrant or Trade and Cooperation Agreement arrest warrant, as the case may be, including], where appropriate, the matters required by section 45 (inserted by section 23 of the European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012), is provided to the court, ]

(b) the High Court is satisfied that the person before it is the person in respect of whom the F74[relevant arrest warrant] was issued,

(c) the High Court is not required, under F76[…] 22, 23 or 24 (inserted by F77[sections 80], 81 and 82 of the Criminal Justice (Terrorist Offences) Act 2005), to refuse to surrender the person under this Act, and

F75[(d) the surrender of the person is not prohibited F77[by, or refused under, Part 3].]]

F78[(2A) Where the High Court does not—

(a) make an order under subsection (1) on the date fixed under section 13, or

(b) make an order under subsection (2) on the date fixed under section 14,

it may remand the person before it in custody or on bail and, for those purposes, 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.]

F79[(3) An order under subsection (1) or (2) shall, subject to subsection (3B)(b), be made not later than 60 days from the date of the person’s arrest.]

F80[(3A) Subject to F79[subsections (3B), (5), (6), and (6A)], a person to whom an order for the time being in force under subsection (1) or (2) applies shall be surrendered to the issuing state concerned not later than 10 days after the order takes effect in accordance with subsection (3).

F81[(3B) (a) Where the High Court has not, upon the expiration of 60 days from the arrest of the person under section 13 or 14, made an order under subsection (1) or (2), it shall, without delay, so inform the issuing judicial authority.

(b) The High Court may extend the period of time specified under paragraph (a) for a further period of 30 days, where the Court considers it appropriate and just in the circumstances to do so.]

(4) Where the High Court makes an order under subsection (1) or (2), it shall, unless it orders postponement of surrender under section 18—

(a) inform the person to whom the order relates of his or her right to make a complaint under Article 40.4.2° of the Constitution at any time before his or her surrender to the issuing state,

(b) order that that person be detained in a prison F79[(or, if the person is not more than 18 years of age, in a remand centre)] for a period not exceeding 25 days pending the carrying out of the terms of the order, and

(c) direct that the person be again brought before the High Court—

(i) if he or she is not surrendered before the expiration of the time for surrender under subsection (3A), as soon as practicable after that expiration, or

(ii) if it appears to the Central Authority in the State that, because of circumstances beyond the control of the State or the issuing state concerned, that person will not be surrendered on the expiration referred to in subparagraph (i), before that expiration.

F82[(5) Where a person is brought before the High Court pursuant to subsection (4)(c)—

(a) the High Court shall, if satisfied that, because of circumstances beyond the control of the State or the issuing state concerned, the person was not surrendered within the time for surrender under subsection (3A) or, as the case may be, will not be so surrendered—

(i) notify the issuing judicial authority without delay and, with the agreement of that authority, fix a new date for the surrender of the person, and order that the person be detained in a prison (or, if the person is not more than 18 years of age, in a remand centre) for a period not exceeding 10 days, pending the agreement of a date for the purpose of this subparagraph, and

(ii) on agreement of a date under subparagraph (i), order that the person be detained in a prison (or, if the person is not more than 18 years of age, in a remand centre) for a period not exceeding 10 days after the date fixed under subparagraph (i), pending the surrender,

(b) the High Court shall continue to apply the provisions of paragraph (a) for so long as it is satisfied that the person will not be surrendered before the expiration of the period specified under paragraph (a)(ii) because of circumstances beyond the control of the State or the issuing state concerned, and

(c) in any other case, the High Court shall—

(i) notify the issuing judicial authority without delay and, with the agreement of that authority, fix a new date for the surrender of the person, and

(ii) remand the person 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 was brought before it charged with an indictable offence) pending the carrying out of the order directing that the person be surrendered to the issuing state.]

F82[(5A) A person to whom an order for the time being in force under subsection (5)(a) applies shall be surrendered to the issuing state concerned not later than 10 days after any new date fixed under that subsection.]

(5B) Where a person is ordered, under subsection (4)(b), to be detained in a prison F82[(or, if the person is not more than 18 years of age, in a remand centre)] and is brought before the High Court pursuant to subsection (4)(c), the person shall be deemed to be in lawful custody at all times beginning at the time of the making of the order under subsection (4)(b) and ending when he or she is brought before the Court.

(6) Where a person—

(a) lodges an appeal pursuant to subsection (11), or

(b) makes a complaint under Article 40.4.2° of the Constitution,

he or she shall not be surrendered to the issuing state while proceedings relating to the appeal or complaint are F82[pending, provided that the proceedings comply with the time limit specified in subsection (3) or, where applicable, (3B).]

F83[(6A) If, in exceptional circumstances, the proceedings referred to in paragraph (a) or (b) of subsection (6) have not been finalised within 90 days of the person’s arrest, pursuant to section 13 or 14, the High Court shall—

(a) notify the issuing judicial authority and Eurojust without delay, provide reasons as to why the proceedings have not yet been finalised and, on conclusion of those proceedings and with that authority’s agreement, fix a new date for the surrender of the person, and

(b) order that the person be detained in a prison (or, if the person is not more than 18 years of age, in a remand centre) for a period not exceeding 10 days after the date fixed under paragraph (a), pending surrender.]

(7) Where the High Court decides not to make an order under subsection (1) or (2)—

(a) it shall give reasons for its decision, and

(b) the person shall, subject to subsection (8), be released from custody.

(8) Subsection (7)(b) shall not apply if—

(a) (i) the person has been sentenced to a term of imprisonment,

(ii) on the date on which he or she would, but for this subsection, be entitled to be released under subsection (7), all or part of the term of imprisonment remains unexpired, and

(iii) the person is required to serve all or part of the remainder of that term of imprisonment in the State,

or

(b) (i) the person has been charged with or convicted of an offence in the State, and

(ii) on the date on which he or she would, but for this paragraph, be entitled to be released from custody under subsection (7), he or she is required to be in custody by virtue of having been remanded in custody pending his or her being tried, or the imposition of sentence, in respect of that offence.

F82[(9) If the High Court has not, after the expiration of 60 days from the arrest of the person concerned under section 13 or 14, made an order under subsection (1) or (2) or subsection (1) or (2) of section 15, or has decided not to make an order under subsection (1) or (2) as the case may be, it shall direct the Central Authority in the State to—

(a) inform the issuing judicial authority without delay, and

(b) where appropriate, Eurojust, in relation thereto and of the reasons therefor specified in the direction, and the Central Authority in the State shall comply with the direction.]

(10) If the High Court has not, after the expiration of 90 days from the arrest of the person concerned under section 13 or 14, made an order under subsection (1) or (2) or subsection (1) or (2) of section 15, or has decided not to make an order under subsection (1) or (2), it shall direct the Central Authority in the State to inform the issuing judicial authority and, where appropriate, Eurojust in relation thereto and of the reason therefor specified in the direction, and the Central Authority in the State shall comply with such direction.

F83[(10A) The period of 90 days referred to in subsection (10) consists of the aggregate of the initial period of 60 days referred to in subsection (3) and such further extension of 30 days as may be granted by the High Court under subsection (3B).]

(11) An appeal against an order under subsection (1) or (2) or a decision not to make such an order may be brought in the Supreme Court if, and only if, the High Court certifies that the order or decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Supreme Court.

(12) Where a person lodges an appeal pursuant to subsection (11), the High Court may remand the person in custody or on bail pending the hearing of the appeal 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.]

F84[(13) F85[…]]

16A.—(1) The expiry of the period of 40 days referred to in section 15(7A) shall not—

(a) constitute a ground to refuse to surrender a person under this Act, or

(b) preclude the continued detention of a person under this Act.

(2) The expiry of the period of 90 days referred to in section 16(10A) shall not—

(a) constitute a ground to refuse to surrender a person under this Act, or

(b) preclude the continued detention of a person under this Act.]

17.—Where, in relation to an offence specified in a F87[relevant arrest warrant], the High Court decides not to make an order under section 15 or 16, it shall not be necessary for the issuing judicial authority to issue another F87[relevant arrest warrant] in respect of such other offences as are specified in that warrant, and, where such other offences are specified in the F87[relevant arrest warrant], that warrant shall be treated as having been issued in respect of those other offences only.

F88[18.— (1) The High Court may direct that the surrender of a person to whom an order under subsection (1) or (2) of section 15 or subsection (1) or (2) of section 16 applies be postponed in accordance with this section where—

(a) the High Court is satisfied that circumstances exist that would warrant that postponement, on humanitarian grounds, including that a manifest danger to the life or health of the person concerned would likely be occasioned by his or her surrender to the issuing state,

(b) the person is being proceeded against for an offence in the State, or

(c) the person has been sentenced to a term of imprisonment for an offence and is required to serve all or part of that term of imprisonment in the State.

(2) The postponement shall continue until the High Court makes an order under subsection (4).

(3) Where the High Court decides to postpone a person’s surrender under this section, it shall 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.

(4) The High Court shall make an order ending the postponement of surrender—

(a) where paragraph (a) of subsection (1) applies, when the High Court is satisfied that the circumstances referred to in that paragraph no longer exist,

(b) where paragraph (b) of subsection (1) applies, when the High Court is satisfied that the proceedings in respect of the offence concerned have been finally determined (where the person concerned is not required to serve a term of imprisonment), or

(c) where paragraph (c) of subsection (1) applies, when the High Court is satisfied that the person concerned is no longer required to serve any part of the term of imprisonment concerned.

F89[(5) Upon the making of an order under subsection (4)—

(a) the issuing judicial authority shall be notified of the making of the order without delay by the Central Authority for the purpose of agreeing a new date for the surrender of the person,

(b) the person shall be surrendered not later than 10 days after the agreed new date, and

(c) where a further date is required for the surrender of the person, the issuing judicial authority shall be notified of that fact without delay by the Central Authority and with the agreement of the issuing judicial authority, the High Court shall fix a new date for the surrender of the person.]]

19.— F90[(1) Where a person to whom an order under section 15 or 16 applies has been sentenced to a term of imprisonment for an offence and is, at the time of the making of the order, required to serve all or part of that term of imprisonment in the State, F91[the High Court, with the agreement of the issuing judicial authority, may direct that the person be temporarily surrendered to the issuing state].]

F92[(1A) A direction under subsection (1) shall be made on the basis of conditions determined by the High Court, with the agreement of the issuing judicial authority, and such conditions shall be recorded in writing, and be binding on all of the relevant authorities, as appropriate, in the issuing state.]

(2) Where a person is surrendered to the issuing state under this section, then any term of imprisonment or part of a term of imprisonment that the person is required to serve in the State shall be reduced by an amount equal to any period of time spent by that person in custody or detention in the issuing state consequent upon his or her being so surrendered, or pending trial.

20.—(1) In proceedings to which this Act applies F93[the High Court shall,] if of the opinion that the documentation or information provided to it is not sufficient to enable it to perform its functions under this Act, require the F94[issuing judicial authority or the issuing state, as may be appropriate,] to provide it with such additional documentation or information as it may specify, within such period as it may specify,

(2) F95[…]

(3) F96[…]

(4) F96[…]

F97[21.— (1) The Minister may direct that a person remanded in custody under this Act or detained in a prison or F98[remand centre] pursuant to an order under subsection (1) or (2) of section 15 or (1) or (2) of section 16 be removed to a hospital or any other place if the Minister considers that in the interests of the person’s health, it is necessary that he or she be so removed, and the person shall, while detained in a hospital or other place pursuant to a direction under this subsection, be deemed to be in lawful custody.

(2) Sections 10 and 11 of the Criminal Justice Act 1960 shall apply to a person who is not less than 16, nor more than 21, years of age remanded in custody under this Act or detained in a prison or F98[remand centre] pursuant to an order under subsection (1) or (2) of section 15 or (1) or (2) of section 16, subject to the following modifications:

(a) in section 10(1), the reference to "a person detained under section 9 of this Act or this section" shall be construed as a reference to "a person remanded in custody or detained in a prison or F98[remand centre] under the European Arrest Warrant Act 2003";

(b) in section 11(1), the reference to "a person who is detained in a F98[remand centre] pursuant to section 9 of this Act" shall be construed as a reference to "a person remanded in custody or detained in a prison or F98[remand centre] under the European Arrest Warrant Act 2003"; and

(c) in section 11(3), the reference to "section 9" shall be construed as a reference to "the European Arrest Warrant Act 2003".]

21A.—F100[…]]

F101[22.—(1) In this section, except where the context otherwise requires, "offence" means, in relation to a person to whom a F102[relevant arrest warrant] applies, an offence (other than an offence specified in the F102[relevant arrest warrant] in respect of which the person’s surrender is ordered under this Act) under the law of the issuing state committed before the person's surrender, but shall not include an offence consisting, in whole, of acts or omissions of which the offence specified in the European arrest warrant consists in whole or in part.

(2) Subject to this section, the High Court shall refuse to surrender a person under this Act if it is satisfied that—

(a) the law of the issuing state does not provide that a person who is surrendered to it pursuant to a F102[relevant arrest warrant] shall not be proceeded against, sentenced or detained for the purposes of executing a sentence or detention order, or otherwise restricted in his or her personal liberty, in respect of an offence, and

(b) the person will be proceeded against, sentenced, or detained for the purposes of executing a sentence or detention order, or otherwise restricted in his or her personal liberty, in respect of an offence.

(3) It shall be presumed that, in relation to a person to whom a F102[relevant arrest warrant] applies, the issuing state does not intend to—

(a) proceed against him or her,

(b) sentence or detain him or her for a purpose referred to in subsection (2)(a), or

(c) otherwise restrict him or her in his or her personal liberty,

in respect of an offence, unless the contrary is proved.

(4) The surrender of a person under this Act shall not be refused under subsection (2) if—

(a) upon conviction in respect of the offence concerned he or she is not liable to a term of imprisonment or detention, or

(b) the High Court is satisfied that, where upon such conviction he or she is liable to a term of imprisonment or detention and such other penalty as does not involve a restriction of his or her personal liberty, the said other penalty only will be imposed if he or she is convicted of the offence.

(5) The surrender of a person under this Act shall not be refused under subsection (2) if it is intended to impose in the issuing state a penalty (other than a penalty consisting of a restriction of the person’s liberty) including a financial penalty in respect of an offence of which the person claimed has been convicted, notwithstanding that where such person fails or refuses to pay the penalty concerned (or, in the case of a penalty that is not a financial penalty, fails or refuses to submit to any measure or comply with any requirements of which the penalty consists) he or she may, under the law of the issuing state be detained or otherwise deprived of his or her personal liberty.

(6) The surrender of a person under this Act shall not be refused under subsection (2) if the High Court—

(a) is satisfied that—

(i) proceedings will not be brought against the person in respect of an offence,

(ii) a penalty will not be imposed on the person in respect of an offence, and

(iii) the person will not be detained or otherwise restricted in his or her personal liberty for the purposes of an offence,

without the issuing judicial authority first obtaining the consent thereto of the High Court,

(b) is satisfied that—

(i) the person consents to being surrendered under section 15,

(ii) at the time of so consenting he or she consented to being so proceeded against, to such a penalty being imposed, or being so detained or restricted in his or her personal liberty, and was aware of the consequences of his or her so consenting, and

(iii) the person obtained or was afforded the opportunity of obtaining, or being provided with, professional legal advice in relation to the matters to which this section relates,

(c) is satisfied that—

(i) such proceedings will not be brought, such penalty will not be imposed and the person will not be so detained or otherwise restricted in his or her personal liberty before the expiration of a period of 45 days from the date of the person’s final discharge in respect of the offence for which he or she is surrendered, and

(ii) during that period he or she will be free to leave the issuing state,

except where having been so discharged he or she leaves the issuing state and later returns thereto (whether during that period or later), or

(d) is satisfied that such proceedings will not be brought, such penalty will not be imposed and the person will not be so detained or restricted in his or her personal liberty unless—

(i) the person voluntarily gives his or her consent to being so proceeded against, such a penalty being imposed, or being so detained or restricted in his or her personal liberty, and is fully aware of the consequences of so doing,

(ii) that consent is given before the competent judicial authority in the issuing state, and

(iii) the person obtains or is afforded the opportunity of obtaining, or being provided with, professional legal advice in the issuing state in relation to the matters to which this section relates before he or she gives that consent.

F103[(7) The High Court shall, in relation to a person who has been surrendered to an issuing state under this Act, not later than 30 days after receipt of a request in writing from the issuing state in that behalf, consent to—

(a) proceedings being brought against the person in the issuing state for an offence,

(b) the imposition in the issuing state of a penalty, including a penalty consisting of a restriction of the person’s liberty, in respect of an offence, or

(c) proceedings being brought against, or the detention of, the person in the issuing state for the purpose of executing a sentence or order of detention in respect of an offence,

provided that the offence is not—

(i) an offence for which his or her surrender would be prohibited by virtue of Part 3, or

(ii) an offence for which his or her surrender would be refused under Part 3.]]

F104[(8) F105[…]]

F106[23.—(1) In this section, except where the context otherwise requires—

"offence" means, in relation to a person to whom a F107[relevant arrest warrant] applies, an offence under the law of a Member State (other than the issuing state) committed before the person’s surrender to the issuing state under this Act; and

"Member State" means a Member State other than the issuing state.

(2) Subject to this section, the High Court shall refuse to surrender a person under this Act if it is satisfied that—

(a) the law of the issuing state does not provide that a person who is surrendered to it pursuant to a F107[relevant arrest warrant] shall not be surrendered to a Member State pursuant to a F107[relevant arrest warrant] issued by a judicial authority in that Member State in respect of an offence, and

(b) the person will be surrendered to a Member State pursuant to a F107[relevant arrest warrant] issued by a judicial authority in that Member State in respect of an offence.

(3) It shall be presumed that, in relation to a person to whom a F107[relevant arrest warrant] applies, the issuing state does not intend to surrender him or her to a Member State pursuant to a F107[relevant arrest warrant] issued by a judicial authority in that Member State in respect of an offence, unless the contrary is proved.

(4) The surrender of a person under this Act shall not be refused under subsection (2) if the High Court—

(a) is satisfied that the issuing judicial authority will not surrender the person to a Member State pursuant to a F107[relevant arrest warrant] issued by a judicial authority in that Member State, without first obtaining the consent thereto of the High Court,

(b) is satisfied that—

(i) the person consents to being surrendered under section 15,

(ii) at the time of so consenting he or she consented to being surrendered by the issuing state to a Member State pursuant to a F107[relevant arrest warrant] issued by a judicial authority in that Member State, and was aware of the consequences of his or her so consenting, and

(iii) the person obtained or was afforded the opportunity of obtaining, or being provided with, professional legal advice in relation to the matters to which this section relates,

(c) is satisfied that—

(i) the person will not be surrendered by the issuing state to a Member State pursuant to a F107[relevant arrest warrant] issued by a judicial authority in that Member State, before the expiration of a period of 45 days from the date of the person’s final discharge in respect of the offence for which he or she is surrendered under this Act, and

(ii) during that period he or she will be free to leave the issuing state,

except where having been so discharged he or she leaves the issuing state and later returns thereto (whether during that period or later), or

(d) is satisfied that the person will not be surrendered to a Member State pursuant to a F107[relevant arrest warrant] issued by a judicial authority in that Member State unless—

(i) the person voluntarily gives his or her consent to being so surrendered and is fully aware of the consequences of his or her so doing,

(ii) that consent is given before the competent judicial authority in the issuing state, and

(iii) the person obtains or is afforded the opportunity of obtaining, or being provided with, professional legal advice in the issuing state in relation to the matters to which this section relates before he or she gives that consent.

F108[(5) The High Court shall, in relation to a person who has been surrendered to an issuing state under this Act, and not later than 30 days after the date of the request being made, consent to the person being surrendered by the issuing state to a Member State pursuant to a relevant arrest warrant issued by a judicial authority in that Member State in respect of an offence, upon receiving a request in writing from the issuing state in that behalf, provided that the offence is not—

(a) an offence for which his or her surrender would be prohibited by virtue of Part 3, or

(b) an offence for which his or her surrender F109[…] would be refused under Part 3.]

F110[(6) F111[…]]]

F112[24.—(1) The High Court shall refuse to surrender a person under this Act if it is satisfied that—

(a) the law of the issuing state does not provide that a person who is surrendered to it pursuant to a F113[relevant arrest warrant] shall not be extradited to a third country without the consent of the High Court and the Minister first being obtained, and

(b) the person will be extradited to a third country without such consent first being obtained.

(2) It shall be presumed that, in relation to a person to whom a F113[relevant arrest warrant] applies, the issuing state does not intend to extradite him or her to a third country, unless the contrary is proved.

(3) The issuing state may request, in writing, the High Court to consent to the extradition to a third country by the issuing state of a person surrendered to the issuing state under this Act.

(4) The High Court shall give its consent to a request under subsection (3) if it is satisfied that—

(a) were the person concerned in the State, and

(b) were a request for his or her extradition received in the State from the third country concerned,

his or her extradition pursuant to such a request would not be prohibited under the Extradition Acts 1965 to 2001.]

25.—(1) A member of the Garda Síochána, may, for the purposes of performing functions under section 13 or 14, enter any place (if necessary by the use of reasonable force) and search that place, if he or she has reasonable grounds for believing that a person in respect of whom a F114[relevant arrest warrant] has been issued is to be found at that place.

(2) Where a member of the Garda Síochána enters a place under subsection (1), he or she may search that place and any person found at that place, and may seize anything found at that place or anything found in the possession of a person present at that place at the time of the search that the said member believes to be evidence of, or relating to, an offence specified in a F114[relevant arrest warrant], or to be property obtained or received at any time (whether before or after the passing of this Act) as a result of or in connection with the commission of that offence.

(3) Subject to subsection (4), a member of the Garda Síochána, who has reasonable grounds for believing that evidence of, or relating to, an offence specified in a F114[relevant arrest warrant], or property obtained or received at any time (whether before or after the passing of this Act) as a result of, or in connection with, the commission of that offence is to be found at any place, may enter that place (if necessary by the use of reasonable force) and search that place and any person found at that place, and may seize anything found at that place or anything found in the possession of a person present at that place at the time of the search that the member believes to be such evidence or property.

(4) (a) A member of the Garda Síochána shall not enter a dwelling under subsection (3), other than—

(i) with the consent of the occupier, or

(ii) in accordance with a warrant issued under paragraph (b).

(b) On the application of a member of the Garda Síochána, a judge of the District Court may, if satisfied that there are reasonable grounds for believing that—

(i) evidence of, or relating to, an offence specified in a F114[relevant arrest warrant], or

(ii) property obtained or received at any time (whether before or after the passing of this Act) as a result of or in connection with the commission of that offence,

is to be found in any dwelling, issue a warrant authorising a named member of the Garda Síochána accompanied by such other members of the Garda Síochána as may be necessary, at any time or times, within one month of the date of the issue of the warrant, to enter the dwelling (if necessary by the use of reasonable force) and search the dwelling and any person found at the dwelling, and a member of the Garda Síochána who enters a dwelling pursuant to such a warrant may seize anything found at the dwelling or anything found in the possession of a person present at the dwelling at the time of the search that the member believes to be such evidence or property.

(5) A member of the Garda Síochána who is performing functions under this section may—

(a) require any person present at the place where the search is carried out to give to the member his or her name and address, and

(b) arrest otherwise than pursuant to a warrant any person who—

(i) obstructs or attempts to obstruct that member in the performance of his or her functions,

(ii) fails to comply with a requirement under paragraph (a), or

(iii) gives a name or address which the member has reasonable cause for believing is false or misleading.

(6) A person who—

(a) obstructs or attempts to obstruct a member of the Garda Síochána in the performance of his or her functions under this section,

(b) fails to comply with a requirement under paragraph (a) of subsection (5), or

(c) gives a false name or address to a member of the Garda Síochána,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000, or to imprisonment for a period not exceeding 6 months, or to both.

(7) In this section “place” includes a ship or other vessel, an aircraft, a railway wagon or other vehicle, and a container used for the transporting of goods.

26.—(1) Subject to the provisions of this section, any property seized under section 25 shall, if a person is surrendered under this Act, be handed over to any person duly authorised by the issuing state to receive it, as soon as may be after the surrender of the person, and the said property shall be so handed over notwithstanding that the surrender of the person cannot be carried out by reason of the death or escape from custody of the person claimed.

(2) Any property seized under section 25 may, if any criminal proceedings to which the property relates are pending in the State, be retained in the State for the purposes of those proceedings or may, if the Central Authority in the State, after consultation with the Director of Public Prosecutions, so directs, be handed over to the issuing state subject to the issuing state agreeing to return the property.

(3) This section shall not operate to abrogate any rights lawfully vested in the State, or any person, in any property to which this section applies and, where any such rights exist, the property shall not be handed over unless an undertaking is given by the issuing state that it will return the property as soon as may be after the trial of the person surrendered and without charge to the State or person in whom such rights vest.

27.—(1) A person remanded in custody under this Act may be detained in a prison F115[(or, if the person is not more than 18 years of age, in a remand centre)] or, for a period not exceeding 48 hours, in a Garda Síochána station.

(2) A person shall not be remanded on bail or otherwise released from custody under this Act if—

(a)  (i) the person has been sentenced to a term of imprisonment for an offence of which he or she was convicted in the State,

(ii) on the date of his or her being remanded or on which he or she would, but for this paragraph, be entitled to be released, all or part of the term of imprisonment remains unexpired, and

(iii) the person is required to serve all or part of the remainder of that term of imprisonment,

or

(b)  (i) the person has been charged with or convicted of an offence in the State, and

(ii) on the date of his or her being remanded or on which he or she would, but for this paragraph, be entitled to be released, he or she is required to be in custody by virtue of having been remanded in custody pending trial for that offence or the imposition of sentence in respect of that offence.

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 F116[relevant 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 F116[relevant 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 F117[is being] 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 F116[relevant 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 F116[relevant arrest warrant], a Member State (a judicial authority of which has ordered the arrest and surrender to the issuing state, pursuant to the F116[relevant arrest warrant], of a person in respect of whom that warrant was issued).

29.—(1) Where the Central Authority in the State receives two or more F118[relevant arrest warrants] in respect of a person, F119[…] the Central Authority in the State shall, where the High Court has not yet made an order under F120[subsection (1) or (2) of section 15 or (1) or (2) of section 16], in relation to the person, inform the High Court as soon as may be of the receipt by it of those warrants and the High Court shall, having regard to all the circumstances, decide, in relation to which of those F118[relevant arrest warrants] it shall—

(a) perform functions under section 13, or

(b) where it has already performed such functions in relation to one of those European arrest warrants, perform functions under section 15 or 16, as may be appropriate.

(2) Without prejudice to the generality of subsection (1), the High Court shall in making a decision under subsection (1) have regard to—

(a) the seriousness of the offences specified in the F118[relevant arrest warrants] concerned,

(b) the places where the offences were committed or are alleged to have been committed,

(c) the dates on which the F118[relevant arrest warrants] were issued, and

(d) whether the F118[relevant arrest warrants] concerned were issued for the purposes of bringing proceedings for an offence against the person named in the warrants or for the purposes of executing a sentence or detention order in respect of the person.

F121[30.— (1) If the Central Authority in the State receives a F122[relevant arrest warrant] in respect of a person and the State receives a request from a third country for the extradition of that person, the Central Authority in the State shall, where an order has not yet been made under subsection (1) or (2) of section 15, or subsection (1) or (2) of section 16, in relation to the person, so inform the High Court, and the High Court shall not perform functions under this Act in relation to the F122[relevant arrest warrant], unless the Minister has informed the High Court that—

(a) the request for extradition is not being proceeded with, or

(b) the European arrest warrant is to have precedence over the request for extradition.

(2) If the Central Authority in the State receives a F122[relevant arrest warrant] in respect of a person and the State receives a request from the International Criminal Court for the arrest and surrender of the same person, the Central Authority in the State shall, where an order has not yet been made under subsection (1) or (2) of section 15, or subsection (1) or (2) of section 16, in relation to that person, so inform the High Court, and the High Court shall not perform functions under this Act in relation to the F122[relevant arrest warrant], unless the arrest and surrender of that person pursuant to such a request is prohibited, or not provided for, under the law of the State.]

30A.—(1) Where a person has been extradited to the State from a third country and the person is protected by provisions of the arrangement under which he or she was extradited, the High Court shall request the third country to consent to the surrender of the person to the issuing state which issued the relevant arrest warrant.

(2) The periods of time referred to in section 15 or 16, as the case may be, shall commence from the date on which the consent of the third country is received by the High Court.]

31.—In this Chapter—

“domestic warrant” means a warrant (other than a F124[relevant arrest warrant]) issued, for the arrest of a person, by a court in the State;

F124["relevant arrest warrant" means a warrant to which a relevant agreement applies issued by a court, in accordance with this Chapter and for the purposes of —

(a) the arrest, in a Member State, of that person, and

(b) the surrender of that person to the State by the Member State concerned.]

32.—(1) For the purposes of paragraph 2 of Article 2 of the Framework Decision, the Minister may, by order, specify the offences under the law of the State to which that paragraph applies.

(2) The Minister may, by order, amend or revoke an order under this section (including an order under this subsection).

(3) This section shall not operate to require that an order under this section be in force before a court may issue a European arrest warrant under section 33.

F125[33.— (1) A court may, upon an application made by or on behalf of the Director of Public Prosecutions, issue a F126[relevant 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.]

F127[(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) F128[…]]

F126[(2) A relevant arrest warrant shall, in so far as is practicable —

(a) in the case of a European arrest warrant, be in the form set out in the Annex to the Framework Decision as amended by Council Framework Decision 2009/299/JHA,

(b) in the case of a Trade and Cooperation Agreement arrest warrant, be in the form set out in Annex Law-5 to the Trade and Cooperation Agreement, and

(c) in the case of an arrest warrant within the meaning of the EU-Iceland Norway Agreement, be in the form set out in the Annex to the EU-Iceland Norway Agreement.]

F130[(2A) A relevant arrest warrant 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 relevant arrest warrant,

(ii) the Circuit Court Office of the county in which the Circuit Criminal Court was sitting when it issued the relevant 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 relevant 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 relevant arrest warrant would, if convicted of the offence to which the relevant arrest warrant relates, be liable,

(ii) where the person named in the relevant 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 relevant 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.]

F131[(3) Where it is not practicable for the relevant arrest warrant to be in the form referred to in subsection (2) the warrant shall, in addition to containing the information specified in subsection (2A), include such other information as would be required to be provided were it in that form.]

(4) For the avoidance of doubt, a F131[relevant arrest warrant] may be issued in respect of one or more than one offence.

F132[(4A) The High Court, sitting otherwise than in public, may, upon an application made by a member of the Garda Síochána, approve the making temporarily unavailable of an alert for a period not exceeding 48 hours in respect of a person where it is satisfied—

(a) that the person is the subject of an ongoing criminal investigation, and

(b) that the purpose of the criminal investigation cannot be achieved by any other measure.

(4B) The period for which an alert may be made unavailable may be extended by the High Court for a further period not exceeding 48 hours upon an application by a member of the Garda Síochána that is made before the expiry of the period approved under subsection (4A).]

(5) In this section “court” means—

(a) the court that issued the domestic warrant F125[to which subsection (1)(a) applies], or

(b) the High Court.

33A.—(1) In this section, an "offence" means, in relation to a person to whom a relevant arrest warrant applies, an offence (other than an offence specified in the relevant arrest warrant issued by the High Court in respect of which the person has been surrendered to the State pursuant to the relevant arrest warrant) under the law of the State committed before the person’s surrender to the State, but shall not include an offence consisting, in whole, of acts or omissions of which the offence specified in the relevant arrest warrant consists in whole or in part.

(2) A court may, upon an application made by or on behalf of the Director of Public Prosecutions, issue a request for the executing state’s consent to the prosecution of an offence or enforcement of a conviction, sentence or detention order against a person in respect of an offence where the court 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.

(3) A request under subsection (2) for the executing state’s consent to the prosecution of an offence or enforcement of a conviction, sentence or detention order against a person in respect of an offence shall specify—

(a) the name and 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 warrant referred to in section 2(a),

(ii) the Circuit Court Office of the county in which the Circuit Criminal Court was sitting when it issued the warrant referred to in section 2(a),

(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 request 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) the following information, as applicable:

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

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

(iii) where the person named in the request 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.

(4) A request under subsection (2) 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 to which subsection (2)(a) applies, or

(b) the High Court.]

34.—A F134[relevant arrest warrant] issued under section 33 F135[may] be transmitted to a Member State by the Central Authority in the State.

35.—(1) Where a person is surrendered to the State pursuant to a F136[relevant arrest warrant]—

(a) the domestic warrant issued for his or her arrest and referred to in F137[…] section 33(1)(a),

(b) subject to paragraph (c), where more than one such domestic warrant was issued, those domestic warrants, or

(c) where—

(i) more than one such domestic warrant was issued, and

(ii) the executing judicial authority ordered the surrender of the person in respect of one or more but not all of the offences specified in the F136[relevant arrest warrant],

the domestic warrants issued in respect of the offences for which the person was surrendered,

may be executed by any member of the Garda Síochána in any part of the State and may be so executed notwithstanding that the domestic warrant concerned is not in the possession of the member when he or she executes the warrant, and the domestic warrant concerned shall be shown to and a copy thereof given to the person arrested at the time of his or her arrest or, if the domestic warrant or copy thereof is not then in the possession of the member, not later than 24 hours after the person’s arrest.

(2) Where a person is surrendered to the State pursuant to a F136[relevant arrest warrant] issued by the High Court (whether or not sitting as the Central Criminal Court), the Central Authority in the State shall inform the Central Office of the High Court, in writing, of the person’s surrender.

35A.—(1) Where a person is arrested on foot of a relevant arrest warrant issued by the High Court for service of a sentence or detention order imposed on him or her in absentia and the person has not received any information from the authorities in the State about the existence of criminal proceedings against him or her, the person may request a copy of the judgment which was the basis for the relevant arrest warrant and upon such a request being made, the High Court shall arrange for the judgment to be sent to the executing judicial authority without delay.

(2) Where a person is surrendered to the State pursuant to a relevant arrest warrant and is detained pending a retrial or an appeal and he or she did not appear in person at the proceedings resulting in the sentence or detention order in respect of which a relevant arrest warrant was issued, his or her detention pending a retrial or appeal shall be reviewed in accordance with the law of the State in relation to such detention.]

36.—(1) Where a person is surrendered to the State pursuant to a F139[relevant arrest warrant], then any term of imprisonment that the person is required to serve by virtue of the imposition of a sentence by a court in the State (whether before or after the person's surrender) in respect of the offence specified in that F139[relevant arrest warrant] shall be reduced by an amount equal to any period of time spent by that person in custody or detention in the executing state in contemplation, or in consequence, of the execution of the F139[relevant arrest warrant].

(2) In this section “executing state” means, in relation to a F139[relevant arrest warrant], a Member State (a judicial authority of which has ordered the arrest and surrender to the State, pursuant to the F139[relevant arrest warrant], of a person in respect of whom that warrant was issued).

36A.—(1) The High Court may—

(a) on the application of the Director of Public Prosecutions, and

(b) where a judicial authority of an executing state indicates that it may temporarily surrender a person to the State pursuant to a relevant arrest warrant,

agree with the judicial authority the conditions of such a temporary surrender.

(2) The conditions agreed under subsection (1) shall be recorded in writing.

(3) Without prejudice to the generality of subsection (1), the conditions agreed under that subsection may include—

(a) that the person shall be returned to the executing state on conclusion of the criminal proceedings in respect of the offence specified in the relevant arrest warrant, notwithstanding that the person may be required to serve a term of imprisonment by virtue of the imposition of a sentence by a court in the State in respect of that offence, and

(b) that the currency of a sentence imposed in the State shall not be suspended notwithstanding the return of the person to the executing state.

(4) In this section, "executing state" means, in relation to a relevant arrest warrant, a Member State (a judicial authority of which has ordered the arrest and conditional surrender to the State, pursuant to the relevant arrest warrant, of a person in respect of whom that warrant was issued).]