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SOLR_PROP

European Arrest Warrant Act 2003

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.

2OJ No. L63 of 6.3.2002, p.1