Criminal Justice (Terrorist Offences) Act 2005

Amendment of section 14 of Act of 2003.

74

74.—Section 14 of the Act of 2003 is amended by—

( a) the substitution of the following subsection for subsection (6):

“(6) Notwithstanding subsection (5), the High Court may order the release from custody of a person remanded in custody under this section if, at any time after the person has been so remanded, it appears to the High Court that a European arrest warrant has not been issued in respect of the person.”,

and

( b) the substitution of the following subsection for subsection (7):

“(7) Where, in relation to a person who has been remanded in custody under subsection (3), a European arrest warrant is transmitted to the Central Authority in the State in accordance with section 12—

( a) that person shall be brought before the High Court as soon as may be, and

( b) the European arrest warrant, or a facsimile or true copy thereof, shall be produced to the High Court,

and the High Court shall, if satisfied that the person is the person in respect of whom the European arrest warrant was issued—

(i) remand the person in custody or on bail (and for that purpose the High Court shall have the same powers in relation to remand as it would have if the person were brought before it charged with an indictable offence), and

(ii) fix a date for the purposes of section 16 (being a date that falls not later than 21 days after the date of the person's arrest).”,

( c) the substitution, in subsection (10), of the following definition for the definition of “Schengen alert”:

“‘Schengen alert’ means a document that—

( a) indicates that a European arrest warrant has been issued by a judicial authority in a Member State in respect of the person named in the document on such date as is specified in the document,

( b) has been transmitted by electronic means by or on behalf of the judicial authority concerned or the issuing state concerned, as may be appropriate, to the Garda Síochána, using equipment designed, or intended for use, for the purposes of the Schengen Information System, and

( c) is capable of being viewed by the Garda Síochána by means of equipment designed, or intended for use, for those purposes;”.