European Arrest Warrant Act 2003

Offence in respect of which a person shall not be surrendered.

38

38.—(1) Subject to subsection (2), a person shall not be surrendered to an issuing state under this Act in respect of an offence unless—

( a) the offence corresponds to an offence under the law of the State, and—

(i) under the law of the issuing state the offence is punishable by imprisonment or detention for a maximum period of not less than 12 months, or

(ii) a term of imprisonment or detention of not less than 4 months has been imposed on the person in respect of the offence in the issuing state, and the person is required under the law of the issuing state to serve all or part of F101 [ that term of imprisonment, ]

F101 [ ( b ) in the case of a European arrest warrant, the offence is an offence to which paragraph 2 of Article 2 of the Framework decision applies and under the law of the issuing state the offence is punishable by imprisonment for a maximum period of not less than three years, or ]

F102 [ ( c ) in the case of a Trade and Cooperation Agreement arrest warrant, the offence is an offence to which paragraph 5 of Article LAW.SURR.79 of the Trade and Cooperation Agreement applies and under the law of the issuing state the offence is punishable by imprisonment for a maximum period of not less than three years. ]

(2) The surrender of a person to an issuing state under this Act shall not be refused on the ground that, in relation to a revenue offence—

( a) no tax or duty of the kind to which the offence relates is imposed in the State, or

( b) the rules relating to taxes, duties, customs or exchange control that apply in the issuing state differ in nature from the rules that apply in the State to taxes, duties, customs or exchange control.

(3) In this section “revenue offence” means, in relation to an issuing state, an offence in connection with taxes, duties, customs or exchange control.

Annotations

Amendments:

F101

Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 29(a), (b), in effect as per reg. 1(2).

F102

Inserted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 29(c), in effect as per reg. 1(2).

Editorial Notes:

E34

Previous affecting provision: subs. (1)(b) amended (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 17, S.I. No. 330 of 2009; substituted as per F-note above.

E35

Words in subs. (1)(b) “or is an offence that consists of conduct specified in that paragraph,” again deleted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 21, commenced on enactment.