European Arrest Warrant Act 2003

European arrest warrant.

11

11.F24 [ (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. ]

F25 [ (1A) Subject to subsection (2A) , a F24 [ 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 F24 [ 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 F24 [ 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 F26 [ one of the offences to which the F24 [ 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 F24 [ relevant arrest warrant ] , be liable,

(ii) where that person has been convicted of the offence specified in the F24 [ 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 F24 [ 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 F24 [ 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 F26 [ (1A) ] , as would be required to be provided were it in that form.

F26 [ (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 F24 [ relevant arrest warrant ] , it may be specified in a separate document. ]

(3) F27 [ ]

(4) For the avoidance of doubt, a F24 [ relevant arrest warrant ] may be issued in respect of one or more than one offence.

Annotations

Amendments:

F23

Substituted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 , s. 6, commenced on enactment.

F24

Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 9(a)-(e), in effect as per reg. 1(2).

F25

Inserted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 72(a), (b), commenced on enactment, subject to transitional provision in s. 68.

F26

Substituted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 7(a)-(c), S.I. No. 330 of 2009.

F27

Deleted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 72(c), commenced on enactment, subject to transitional provision in s. 68.

Editorial Notes:

E15

Previous affecting provision: subs. (1) substituted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 , s. 6, commenced on enactment; substituted as per F-note above.

E16

Previous affecting provisions: subs. (1) substituted and subs. (2A) inserted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 72(a), (b), commenced on enactment; substituted as per E-note and F-note above.