European Arrest Warrant (Amendment) Act 2024
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Insertion of sections 14A and 14B in Act of 2003 | ||
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8. The Act of 2003 is amended by the insertion of the following sections after section 14: | ||
“Facilitation of hearing by judicial authority of issuing state | ||
14A. (1) Without prejudice to Part 4 of the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 , this section applies where— | ||
(a) a relevant arrest warrant has been issued by a judicial authority in an issuing state, and | ||
(b) a decision regarding whether to make an order directing that a person be surrendered has not been taken. | ||
(2) Where this section applies, the High Court shall, where practicable and on being satisfied that it is not contrary to the interests of justice, upon receiving a request from a judicial authority of an issuing state to facilitate a person in respect of whom the relevant arrest warrant was issued appearing using a live video link between that judicial authority and the place where the person is located, direct that arrangements be made to facilitate the video link request. | ||
(3) Where a request is made, regarding a relevant arrest warrant issued in respect of a person who the issuing state intends to prosecute for an offence to which the warrant relates, that arrangements pursuant to the applicable relevant provisions be put in place to facilitate the person being heard by a judicial authority of the issuing state, the High Court shall decide whether— | ||
(a) subject to subsection (5), to order the temporary transfer of the person to the issuing state, or | ||
(b) to direct that the person be heard in accordance with subsection (7). | ||
(4) The High Court shall, in making its decision under subsection (3), have regard to the views of the person concerned. | ||
(5) The High Court shall not order a temporary transfer under subsection (3)(a) unless it is satisfied that the person shall be able to return to the State to participate in proceedings relating to him or her to which this Act applies. | ||
(6) Where the High Court decides under subsection (3)(a) to order the temporary transfer of a person to the issuing state, the High Court shall, with the agreement of the issuing judicial authority, determine the conditions and duration of the transfer. | ||
(7) Where the High Court decides under subsection (3)(b) to direct that the person be heard in accordance with subsection (7), the High Court shall, subject to subsection (8), direct that the person be heard— | ||
(a) by a judge of the High Court, nominated by the President of the High Court, assisted by a person designated by the issuing state, and | ||
(b) without prejudice to paragraph (a), otherwise in accordance with the law of the State applicable to proceedings under this Act. | ||
(8) The High Court may, with the agreement of the issuing judicial authority, agree such other conditions as may be required for the purposes of this section. | ||
(9) In this section, ‘applicable relevant provisions’ in relation to a relevant arrest warrant means— | ||
(a) in respect of a European Arrest Warrant, Articles 18 and 19 of the Framework Decision, | ||
(b) in respect of a Trade and Cooperation Arrest Warrant, Articles 617 and 618 of the Trade and Cooperation Agreement, and | ||
(c) in respect of an arrest warrant within the meaning of the EU Iceland Norway Agreement, Articles 21 and 22 of the EU Iceland Norway Agreement. | ||
Warrant for temporary transfer of person to issuing state | ||
14B. (1) The Minister shall, on the grant of an order under subsection (3)(a), issue a warrant under section 66 of the Criminal Justice (Mutual Assistance) Act 2008 for the temporary transfer of the person out of the State to the issuing state. | ||
(2) For the purposes of subsection (1), section 66 of the Criminal Justice (Mutual Assistance) Act 2008 shall apply subject to the following modifications: | ||
(a) a reference in section 66 to a request shall be construed as a reference to a request under section 14A(3), | ||
(b) a reference in section 66 to— | ||
(i) a person serving a sentence of imprisonment in a prison, and | ||
(ii) a prisoner, | ||
shall be construed as a reference to the person referred to in subsection (1), | ||
(c) a reference in section 66 to a— | ||
(i) designated state, and | ||
(ii) requesting authority, | ||
shall be construed as a reference to the issuing state, | ||
(d) the purpose for which the warrant may be issued shall be to ensure that the person is heard in the issuing state pursuant to the applicable relevant provisions (within the meaning of section 14A), | ||
(e) a reference in section 66 to a prison shall be construed as including a reference to a remand centre, | ||
(f) subsections (2), (3) and (6) of section 66 shall not apply, and | ||
(g) any other necessary modifications.”. |