European Arrest Warrant Act 2003

Interpretation.

2

2.—(1) In this Act, except where the context otherwise requires—

“Act of 1965” means the Extradition Act 1965;

“Act of 2001” means the Extradition (European Union Conventions) Act 2001 ;

F1 [ alert means an alert entered in the SIS for the arrest and surrender, on foot of a European arrest warrant, of the person named therein; ]

“Central Authority in the State” shall be read in accordance with section 6 ;

F1 [ Council Decision means Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System; ]

F2 [ Council Framework Decision 2009/299/JHA means Council Framework Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial, ]

F3 [ ‘EU-Iceland Norway Agreement’ means the Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway, done at Vienna on 28 June 2006 2 , approved on behalf of the European Union by Council Decision of 27 November 2014 3 ; ]

F4 [ Eurojust means the European Union Agency for Criminal Justice Cooperation established by Article 1 of Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 20181 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA, which replaced and succeeded Eurojust as established by the said Council Decision 2002/187/JHA 2 ; ]

“European arrest warrant” means a warrant, order or decision of a judicial authority of a F5 [ relevant Member State ], issued under such laws as give effect to the Framework Decision in that F5 [ relevant Member State ], for the arrest and surrender by the State to that F5 [ relevant Member State ] of a person in respect of an offence committed or alleged to have been committed by him or her under the law of that F5 [ relevant Member State ];

“European Communities” has the same meaning as it has in the European Communities Act 1972 ;

F6 [ ]

“Framework Decision” means Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between F5 [ relevant Member States ], the text of which—

( a) in the Irish language, is set out in Part A of the Schedule, and

( b) in the English language, is set out in Part B of the Schedule;

“functions” includes powers and duties, and references to the performance of functions include, as respects powers and duties, references to the exercise of the powers and the carrying out of the duties;

F5 [ ‘issuing judicial authority’ means, in relation to a relevant arrest warrant, the judicial authority in the issuing state that issued the relevant arrest warrant concerned; ]

F5 [ ‘issuing state’ means

( a ) in relation to a European arrest warrant, a relevant Member State designated under section 3, a judicial authority of which has issued that European arrest warrant,

( b ) in relation to a Trade and Cooperation Agreement arrest warrant, the United Kingdom of Great Britain and Northern Ireland, a judicial authority of which has issued that warrant, and

( c ) in relation to an arrest warrant within the meaning of the EU-Iceland Norway Agreement, the Republic of Iceland or the Kingdom of Norway, a judicial authority of which has issued that warrant; ]

“judicial authority” means the judge, magistrate or other person authorised under the law of the Member State concerned to perform functions the same as or similar to those performed under section 33 by a court in the State;

F5 [ ‘Member State’ means a relevant Member State of the European Communities (other than the State) and the United Kingdom of Great Britain and Northern Ireland, the Republic of Iceland and the Kingdom of Norway; ]

“Minister” means the Minister for Justice, Equality and Law Reform;

F3 [ ‘relevant agreement’ means

( a ) in relation to a European arrest warrant, the Framework Decision,

( b ) in relation to a Trade and Cooperation Agreement arrest warrant, the Trade and Cooperation Agreement, and

( c ) in relation to an arrest warrant within the meaning of the EU-Iceland Norway Agreement, the EU-Iceland Norway Agreement; ]

F3 [ ‘relevant arrest warrant’ means

( a ) a European arrest warrant,

( b ) a Trade and Cooperation Agreement arrest warrant, or

( c ) an arrest warrant within the meaning of the EU-Iceland Norway Agreement;

‘relevant Member State’ means a Member State, other than, subject to subsection (3), the United Kingdom of Great Britain and Northern Ireland, the Republic of Iceland and the Kingdom of Norway; ]

F1 [ Schengen Convention means the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders done at Schengen on 19 June 1990 and includes any amendment to or modification of that Convention whether before or after the passing of this Act but does not include the Council Decision;

SIS means the system referred to in Title IV of the Schengen Convention or, as appropriate, the system established under Chapter 1 of the Council Decision; ]

“third country” means a country other than the State or a Member State;

F3 [ ‘Trade and Cooperation Agreement’ means the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, done at Brussels and London on 30 December 2020 1 ;

‘Trade and Cooperation Agreement arrest warrant’ means an arrest warrant within the meaning of Title VII of Part Three of the Trade and Cooperation Agreement; ]

“true copy” shall be read in accordance with section 12(7) .

(2) In this Act—

( a) a reference to a section, Part or Schedule is a reference to a section or Part of, or a Schedule to, this Act, unless it is indicated that a reference to some other enactment is intended,

( b) a reference to a subsection, paragraph or subparagraph is a reference to a subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended, and

( c) a reference to any enactment is a reference to that enactment as amended, extended or adapted, whether before or after the passing of this Act, by or under any subsequent enactment.

F7 [ (3) ( a ) In this Act, a reference to a European arrest warrant shall be construed as including a reference to a European arrest warrant that satisfies the following conditions:

(i) that the European arrest warrant has been issued by a judicial authority in the United Kingdom of Great Britain and Northern Ireland before 11.00 p.m. on the 31st day of December 2020, and

(ii) that the person in respect of whom the European arrest warrant is issued has been arrested for the purposes of the execution of the European arrest warrant before 11.00 p.m. on the 31st day of December 2020.

( b ) Where paragraph (a) applies, a reference in this Act to a ‘relevant Member State’ shall be construed as a reference to the United Kingdom of Great Britain and Northern Ireland. ]

Annotations

Amendments:

F1

Inserted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 4(a), (b), (d), S.I. No. 330 of 2009.

F2

Inserted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 4, commenced on enactment

F3

Inserted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 3(a)(vi), in effect as per reg. 1(2).

F4

Substituted (12.12.2019) by European Union (Eurojust) Regulations 2019 (S.I. No. 637 of 2019), reg. 3, in effect as per reg. 1(2).

F5

Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 3(a)(i)-(v), in effect as per reg. 1(2).

F6

Deleted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 4(c), S.I. No. 330 of 2009.

F7

Inserted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 3(b), in effect as per reg. 1(2).