European Arrest Warrant Act, 2003

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Number 45 of 2003

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EUROPEAN ARREST WARRANT ACT 2003

REVISED

Updated to 30 March 2021

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This Revised Act is an administrative consolidation of the European Arrest Warrant Act 2003. 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.

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Number 45 of 2003

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EUROPEAN ARREST WARRANT ACT 2003

REVISED

Updated to 30 March 2021

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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 (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), Part 2

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

• Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (13/2020)

• Criminal Justice (International Co-Operation) Act 2019 (27/2019)

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

• Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009)

• Criminal Justice (Terrorist Offences) Act 2005 (2/2005)

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 Act 2003 (Designated Member States) (Amendment) Order 2020 (S.I. No. 719 of 2020)

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

• European Union (Eurojust) Regulations 2019 (S.I. No. 637 of 2019)

• European Arrest Warrant Act 2003 (Designated Member States) Order 2014 (S.I. No. 84 of 2014)

• European Communities Act 1972 (Interpretation and Translation in Criminal Proceedings) Regulations 2013 (S.I. No. 565 of 2013)

• European Arrest Warrant Act 2003 (Designated Member States) (No. 2) Order 2007 (S.I. No. 59 of 2007)

• European Arrest Warrant Act 2003 (Designated Member States) Order 2007 (S.I. No. 18 of 2007)

• European Arrest Warrant Act 2003 (Designated Member States) (No. 2) Order 2005 (S.I. No. 240 of 2005)

• European Arrest Warrant Act 2003 (Designated Member States) Order 2005 (S.I. No. 27 of 2005)

• European Arrest Warrant Act 2003 (Designated Member States) (No. 6) Order 2004 (S.I. No. 532 of 2004)

• European Arrest Warrant Act 2003 (Designated Member States) (No. 5) Order 2004 (S.I. No. 449 of 2004)

• European Arrest Warrant Act 2003 (Designated Member States) (No. 4) Order 2004 (S.I. No. 400 of 2004)

• European Arrest Warrant Act 2003 (Designated Member States) (No. 3) Order 2004 (S.I. No. 206 of 2004)

• European Arrest Warrant Act 2003 (Designated Member States) (No. 2) Order 2004 (S.I. No. 130 of 2004)

• European Arrest Warrant Act 2003 (Designated Member States) Order 2004 (S.I. No. 4 of 2004)

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.

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Number 45 of 2003

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EUROPEAN ARREST WARRANT ACT 2003

REVISED

Updated to 30 March 2021

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ARRANGEMENT OF SECTIONS

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

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Number 45 of 2003

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EUROPEAN ARREST WARRANT ACT 2003

REVISED

Updated to 30 March 2021

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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:

Annotations

Modifications (not altering text):

C1

Application of Act extended (31.12.2020 at 11 p.m.) by European Arrest Warrant (Application to Third Countries) (United Kingdom) Order 2020 (S.I. No. 720 of 2020), in effect as per art. 1(2).

3. The provisions of the Act of 2003 that would, apart from section 2 of the European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (No. 30 of 2012) and orders made under subsection (2) of that section, apply only in relation to Member States shall apply in relation to the United Kingdom of Great Britain and Northern Ireland.

4. Without prejudice to the generality of Article 3, the provisions of the Act of 2003 referred to in that Article shall, in accordance with Article LAW.SURR.112 of the Agreement, apply in relation to a European arrest warrant that satisfies the following conditions:

(a) that the European arrest warrant has been issued by a judicial authority in the United Kingdom of Great Britain and Northern Ireland before 11.00 p.m. on the 31st day of December 2020, and

(b) that the person in respect of whom the European arrest warrant is issued has not been arrested for the purposes of the execution of the European arrest warrant before 11.00 p.m. on the 31st day of December 2020.

C2

Application of Act extended (15.09.2020) by European Arrest Warrant (Application to Third Countries) (Iceland and Norway) Order 2020 (S.I. No. 346 of 2020), art. 2.

2. The provisions of the European Arrest Warrant Act 2003 (No. 45 of 2003) that would, apart from section 2 of the European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (No. 30 of 2012) and this Order, apply only in relation to Member States shall apply in relation to Iceland and Norway.

C3

Application of Act restricted (20.12.2013) by European Communities Act 1972 (Interpretation and Translation in Criminal Proceedings) Regulations 2013 (S.I. No. 565 of 2013), reg. 10.

PART IV

Proceedings for the execution of a European arrest warrant

10. Notwithstanding the provisions of the European Arrest Warrant Act 2003 (as amended), Parts I, II and III of these Regulations shall apply with any necessary modifications in proceedings for the execution of a European arrest warrant.

Editorial Notes:

E1

Proceedings under Act included in definition of "relevant proceedings" (21.08.2020) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (13/2020), s. 22, S.I. No. 306 of 2020.

PART 1

Preliminary and General

Short title and commencement.

1

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

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;

F1[‘alert’ means an alert entered in the SIS for the arrest and surrender, on foot of a European arrest warrant, of the person named therein;]

“Central...