European Arrest Warrant Act 2003

Proceedings in the State.


F105 [ 42. A person shall not be surrendered under this Act if

( a ) the Director of Public Prosecutions or the Attorney General is considering, but has not yet decided, whether to bring proceedings against the person for an offence, or

( b ) proceedings have been brought in the State against the person for an offence consisting of an act or omission of which the offence specified in the F106 [ relevant arrest warrant ] issued in respect of him or her consists in whole or in part. ]




Substituted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 83, commenced on enactment, subject to transitional provision in s. 68.


Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 31, in effect as per reg. 1(2).