European Arrest Warrant Act 2003

Arrest of person surrendered to State.

35

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.

Annotations

Amendments:

F136

Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 26(a), (b), in effect as per reg. 1(2).

F137

Deleted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 20, commenced on enactment.