European Arrest Warrant Act 2003

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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

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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:

¹ OJ No. L190 of 18.7.2002, p.1

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