European arrest warrant act 2003

• Act Number: 45
• Enactment Date: 28 December 2003

Number 45 of 2003
EUROPEAN ARREST WARRANT ACT 2003
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section 1. Short title and commencement. 2. Interpretation. 3. Designated States. 4. Application of Act. 5. Corresponding offences. 6. Central Authority in the State. 7. Orders and regulations. 8. Expenses.
PART 2
European Arrest Warrant
Chapter 1
European Arrest Warrant Received in State
9. Executing judicial authority in the State. 10. Obligation to surrender. 11. European arrest warrant. 12. Transmission of European arrest warrant. 13. Application to High Court for endorsement to execute European arrest warrant. 14. Arrest without warrant on grounds of urgency. 15. Consent to surrender. 16. Committal of person named in European arrest warrant. 17. European arrest warrant relating to more than one offence. 18. Postponement of surrender. 19. Conditional surrender. 20. Additional documentation and information. 21. Movement of persons detained under this Act. 22. Rule of specialty disapplied. 23. Surrender of person by issuing state to other Member State. 24. Surrender of person by issuing state to third state. 25. Searches for purposes of European arrest warrant. 26. Handing over of property. 27. Remand. 28. Transit. 29. Multiple European arrest warrants. 30. European arrest warrants and requests for extradition.
Chapter 2
Issue of European Arrest Warrant by State
31. Definition. 32. Offences to which Article 2.2 of Framework Decision applies. 33. Issue of European arrest warrant by court in State. 34. Transmission of European arrest warrant issued in State. 35. Arrest of person surrendered to State. 36. Deduction of period of detention in executing state from sentence.
PART 3
Prohibition on Surrender
37. Fundamental rights. 38. Offence in respect of which a person shall not be surrendered. 39. Pardon or amnesty. 40. Passage of time from commission of offence. 41. Double jeopardy. 42. Proceedings in the State. 43. Age. 44. Commission of offence outside issuing state. 45. Persons convicted in absentia. 46. Immunity from prosecution.
PART 4
Miscellaneous
47. Amendment of section 3 of Act of 1965. 48. Laying of orders under Act of 1965 before Houses of Oireachtas. 49. Application of Part II of Act of 1965. 50. Repeal of Part III of Act of 1965. 51. Amendment of Extradition (European Convention on the Suppression of Terrorism) Act 1987. 52. Amendment of Act of 2001.
SCHEDULE
PART A
Text in the Irish language of Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States.
PART B
Text in the English language of Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States.
Acts Referred to
Criminal Justice (Administration) Act 1924 1924, No. 44 Criminal Justice Act 1960 1960, No. 27 European Communities Act 1972 1972, No. 27 Extradition Act 1965 1965, No. 17 Extradition Acts 1965 to 2001 Extradition (European Convention on the Suppression of Terrorism) Act 1987 1987, No. 1 Extradition (European Union Conventions) Act 2001 2001, No. 49
Number 45 of 2003
EUROPEAN ARREST WARRANT ACT, 2003
AN ACT TO GIVE EFFECT TO COUNCIL FRAMEWORK DECISION OF 13 JUNE 20021 ON THE EUROPEAN ARREST WARRANT AND THE SURRENDER PROCEDURES BETWEEN MEMBER STATES; TO AMEND THE EXTRADITION ACT 1965 AND CERTAIN OTHER ENACTMENTS; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH. [28th December, 2003]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART 1 Preliminary and General
	Short title and commencement.	1.—(1) This Act may be cited as the European Arrest Warrant Act 2003.
	(2) This Act comes into operation on 1 January 2004.
	Interpretation.	2.—(1) In this Act, except where the context otherwise requires—
	“Act of 1965” means the Extradition Act 1965 ;
	“Act of 2001” means the Extradition (European Union Conventions) Act 2001 ;
	“Central Authority in the State” shall be read in accordance with section 6 ;
	“Eurojust” means the body established by Council Decision of 28 February 20022 setting up Eurojust with a view to reinforcing the fight against serious crime;
	“European arrest warrant” means a warrant, order or decision of a judicial authority of a Member State, issued under such laws as give effect to the Framework Decision in that Member State, for the arrest and surrender by the State to that Member State of a person in respect of an offence committed or alleged to have been committed by him or her under the law of that Member State;
	“European Communities” has the same meaning as it has in the European Communities Act 1972 ;
	“facsimile copy” means, in relation to a document, a facsimile copy of that document transmitted in accordance with section 12 ;
	“Framework Decision” means Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, the text of which—
	(a) in the Irish language, is set out in Part A of the Schedule, and
	(b) in the English language, is set out in Part B of the Schedule;
	“functions” includes powers and duties, and references to the performance of functions include, as respects powers and duties, references to the exercise of the powers and the carrying out of the duties;
	“issuing judicial authority” means, in relation to a European arrest warrant, the judicial authority in the issuing state that issued the European arrest warrant concerned;
	“issuing state” means, in relation to a European arrest warrant, a Member State designated under section 3 , a judical authority of which has issued that European arrest warrant;
	“judicial authority” means the judge, magistrate or other person authorised under the law of the Member State concerned to perform functions the same as or similar to those performed under section 33 by a court in the State;
	“Member State” means a Member State of the European Communities (other than the State) or Gibraltar;
	“Minister” means the Minister for Justice, Equality and Law Reform;
	“third country” means a country other than the State or a Member State;
	“true copy” shall be read in accordance with section 12 (7).
	(2) In this Act—
	(a) a reference to a section, Part or Schedule is a reference to a section or Part of, or a Schedule to, this Act, unless it is indicated that a reference to some other enactment is intended,
	(b) a reference to a subsection, paragraph or subparagraph is a reference to a subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended, and
	(c) a reference to any enactment is a reference to that enactment as amended, extended or adapted, whether before or after the passing of this Act, by or under any subsequent enactment.
	Designated States.	3.—(1) For the purposes of this Act, the Minister for Foreign Affairs may, by order, designate a Member State that has, under its national law, given effect to the Framework Decision.
	(2) The Minister for Foreign Affairs may, by order, amend or revoke an order under this section, including an order under this subsection.
	Application of Act.	4.—(1) Subject to subsections (2) and (3), this Act shall apply in relation to an offence, whether committed or alleged to have been committed before or after the commencement of this Act.
	(2) This Act shall, in relation to a European arrest warrant issued by a judicial authority in the Republic of Austria or the Italian Republic, apply to offences committed or alleged to have been committed on or after 7 August 2002 only.
	(3) This Act shall, in relation to a European arrest warrant issued by a judicial authority in the French Republic, apply to offences committed or alleged to have been committed on or after 1 November 1993 only.
	Corresponding offences.	5.—For the purposes of this Act—
	(a) an offence under the law of the issuing state corresponds to an offence under the law of the State, where the act or omission that constitutes the offence under the law of the issuing state would, if committed in the State, constitute an offence under the law of the State, and
	(b) an offence under the law of the State corresponds to an offence under the law of the issuing state, where the act or omission that constitutes the offence under the law of the State would, if committed in the issuing state, constitute an offence under the law of the issuing state.
	Central Authority in the State.	6.—(1) The Minister shall be the Central Authority in the State for the purposes of this Act.
	(2) The Minister may, by order, designate such persons as he or she considers appropriate to perform such functions of the Central Authority in the State as are specified in the order and different persons may be so designated to perform different functions of the Central Authority in the State.
	(3) For so long as an order under subsection (2) remains in force, a reference in this Act to the Central Authority in the State shall, insofar as it relates to the performance of a function specified in the order, be construed as a reference to the person designated by the order to perform the function concerned.
	(4) The Minister shall, by notice in writing, inform the...