European Arrest Warrant Act 2003

F54[Warrant for temporary transfer of person to issuing state

14B

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.]

Annotations

Amendments:

F54

Inserted (1.05.2024) by European Arrest Warrant (Amendment) Act 2024 (9/2024), s. 8, S.I. No. 180 of 2024, subject to transitional provision in s. 2.