Extradition (European Union Conventions) Act, 2001
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Provisional arrest. |
5.—Section 27 of the Principal Act is hereby amended by the insertion of the following subsections: | |
“(2A) A request for the provisional arrest of a person made on behalf of a requesting country that is a Convention country shall— | ||
(a) state that one of the documents mentioned in paragraph (a) of section 25(1) exists in respect of that person, | ||
(b) be accompanied by a statement of the offences to which the request relates specifying the nature and description under the law of the requesting country of the offences concerned, | ||
(c) specify the circumstances in which the offences were committed or alleged to have been committed including the time and place of their commission or alleged commission, and the degree of involvement or alleged degree of involvement of the person to whom the request relates in their commission or alleged commission, and | ||
(d) specify the penalties to which that person would be liable if convicted of the offences concerned or, where he has been convicted of those offences, the penalties that have been imposed or, where he has been convicted of those offences but not yet sentenced, the penalties to which he is liable, | ||
hereafter in this section referred to as ‘information furnished under subsection (2A)’. | ||
(2B) A member of the Garda Síochána not below the rank of inspector shall provide a person, who is provisionally arrested pursuant to a warrant issued on foot of a request to which subsection (2A) applies, with the information furnished under subsection (2A) and shall inform him of his right to consent to his surrender under section 29A(1) (inserted by section 6 (b) of the Extradition (European Union Conventions) Act, 2001) and inquire of him whether he wishes to so consent.”. |