European Arrest Warrant Act 2003

Application to High Court for endorsement to execute European arrest warrant.

13

13.—(1) The Central Authority in the State shall, as soon as may be after it receives a F39 [ 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 F39 [ relevant arrest warrant ], or a F40 [ ] true copy thereof, for execution of the F39 [ relevant arrest warrant ] concerned.

F41 [ (2) If, upon an application under subsection (1) , the High Court is satisfied that, in relation to a F39 [ relevant arrest warrant ] , there has been compliance with the provisions of this Act, it may endorse the F39 [ relevant arrest warrant ] for execution. ]

(3) A F39 [ 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 F39 [ relevant arrest warrant ], and the warrant, F42 [ ] 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 F42 [ ] 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 F39 [ 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 representation, and

( c) where appropriate, obtain, or be provided with, the services of an interpreter.

(5) A person arrested under a F39 [ 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 F39 [ 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 representation, and

(iii) where appropriate, obtain, or be provided with, the services of an interpreter.

Annotations

Amendments:

F39

Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 11(a)-(e), in effect as per reg. 1(2).

F40

Deleted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 9(a), S.I. No. 330 of 2009.

F41

Substituted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 8(1), commenced on enactment.

F42

Deleted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 9(c), S.I. No. 330 of 2009.

Editorial Notes:

E19

Previous affecting provision: subs. (2)(b) deleted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 9(b), S.I. No. 330 of 2009; subs. (2) substituted as per F-note above.