European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012


Number 30 of 2012


EUROPEAN ARREST WARRANT (APPLICATION TO THIRD COUNTRIES AND AMENDMENT) AND EXTRADITION (AMENDMENT) ACT 2012

REVISED

Updated to 30 March 2021


This Revised Act is an administrative consolidation of the European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 . It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Residential Tenancies Act 2021 (5/2021), enacted 30 March 2021, and all statutory instruments up to and including the European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), made 26 March 2021, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 30 of 2012


EUROPEAN ARREST WARRANT (APPLICATION TO THIRD COUNTRIES AND AMENDMENT) AND EXTRADITION (AMENDMENT) ACT 2021

REVISED

Updated to 30 March 2021


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

European Arrest Warrant Acts 2003 and 2012 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 1(2). The Acts in this group are:

European Arrest Warrant Act 2003 (45/2003)

European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012)

Extradition Acts 1965 to 2020 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 1(7). The Acts in this group are:

Extradition Act 1965 (17/1965)

Extradition (European Convention on the Suppression of Terrorism) Act 1987 (1/1987)

Extradition (Amendment) Act 1987 (25/1987)

Extradition (Amendment) Act 1994 (6/1994) 

Extradition (European Union Conventions) Act 2001 (49/2001)

European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), Part 4

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019   (8/2019), Part 13 (Repealed)

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020  (23/2020), Part 16

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

None

All Acts up to and including Residential Tenancies Act 2021 (5/2021), enacted 30 March 2021, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021)

European Arrest Warrant (Application to Third Countries) (United Kingdom) Order 2020 (S.I. No. 720 of 2020)

European Arrest Warrant (Application to Third Countries) (Iceland and Norway) Order 2020 (S.I. No. 346 of 2020)

All statutory instruments up to and including European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), made 26 March 2021, were considered in the preparation of this revision.


Number 30 of 2012


EUROPEAN ARREST WARRANT (APPLICATION TO THIRD COUNTRIES AND AMENDMENT) AND EXTRADITION (AMENDMENT) ACT 2012

REVISED

Updated to 30 March 2021


ARRANGEMENT OF SECTIONS

PART 1

PRELIMINARY AND GENERAL

Section

1. Short title and collective citation.

PART 2

APPLICATION TO THIRD COUNTRIES OF EUROPEAN ARREST WARRANT ACT 2003

2. Order.

PART 3

AMENDMENTS TO EUROPEAN ARREST WARRANT ACT 2003

3. Interpretation — Part 3.

4. Amendment of section 2 of Act of 2003.

5. Amendment of section 10 of Act of 2003.

6. Amendment of section 11 of Act of 2003.

7. Amendment of section 12 of Act of 2003.

8. Amendment of section 13 of Act of 2003.

9. Amendment of section 15 of Act of 2003.

10. Amendment of section 16 of Act of 2003.

11. Amendment of section 18 of Act of 2003.

12. Amendment of section 19 of Act of 2003.

13. Amendment of section 20 of Act of 2003.

14. Amendment of section 21 of Act of 2003.

15. Amendment of section 22 of Act of 2003.

16. Amendment of section 23 of Act of 2003.

17. Amendment of section 29 of Act of 2003.

18. Amendment of section 30 of Act of 2003.

19. Amendment of section 33 of Act of 2003.

20. Amendment of section 35 of Act of 2003.

21. Amendment of section 38 of Act of 2003.

22. Amendment of section 42 of Act of 2003.

23. Amendment of section 45 of Act of 2003.

24. Amendment of section 45C of Act of 2003.

PART 4

AMENDMENTS TO EXTRADITION ACT 1965

25. Interpretation.

26. Repeal of section 7B of Act of 1965.

27. Amendment of sections 15 to 17 of Act of 1965.

28. Amendment of section 25 of Act of 1965.

29. Amendment of section 27 of Act of 1965.

30. Insertion of section 28 in Act of 1965.

31. Amendment of section 29 of Act of 1965.

32. Insertion of section 36A in Act of 1965.

33. Amendment of section 37 of Act of 1965.

PART 5

AMENDMENTS TO OTHER ACTS

34. Repeal of section 6 of Extradition (Amendment) Act 1987.

35. Repeal of section 15 of Extradition (Amendment) Act 1994.


Acts Referred to

Criminal Justice Act 1960

1960, No. 27

Criminal Justice (Miscellaneous Provisions) Act 2009

2009, No. 28

Criminal Justice (Terrorist Offences) Act 2005

2005, No. 2

European Arrest Warrant Act 2003

2003, No. 45

European Communities Act 1972

1972, No. 27

Extradition Act 1965

1965, No. 17

Extradition Acts 1965 to 2001

Extradition (Amendment) Act 1987

1987, No. 25

Extradition (Amendment) Act 1994

1994, No. 6

Extradition (European Union Conventions) Act 2001

2001, No. 49


Number 30 of 2012


EUROPEAN ARREST WARRANT (APPLICATION TO THIRD COUNTRIES AND AMENDMENT) AND EXTRADITION (AMENDMENT) ACT 2012

REVISED

Updated to 30 March 2021


AN ACT TO PROVIDE FOR THE APPLICATION OF PROVISIONS OF THE EUROPEAN ARREST WARRANT ACT 2003 TO STATES OTHER THAN MEMBER STATES IN CERTAIN CIRCUMSTANCES; TO AMEND THE EUROPEAN ARREST WARRANT ACT 2003; TO AMEND THE EXTRADITION ACT 1965, THE EXTRADITION (AMENDMENT) ACT 1987 AND THE EXTRADITION (AMENDMENT) ACT 1994; TO GIVE EFFECT TO ARTICLE 2 OF COUNCIL FRAMEWORK DECISION 2009/299/JHA OF 26 FEBRUARY 2009 1 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; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.

[24 th July, 2012]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: