European Arrest Warrant Act 2003

European arrest warrant.

11.—(1) A European arrest warrant shall, in so far as is practicable, be in the form set out in the Annex to the Framework Decision and shall specify—

(a) the name and the nationality of the person in respect of whom it is issued,

(b) the name, address of the principal office, fax number and e-mail address of the judicial authority that issued the European arrest warrant,

(c) the offence to which the European arrest warrant relates including the nature and classification under the law of the issuing state of the offence concerned,

(d) that a conviction, sentence or detention order is immediately enforceable against the person, or that a warrant for his or her arrest or other order of a judicial authority in the issuing state having the same effect has been issued in respect of that offence,

(e) the circumstances in which the offence was committed or is alleged to have been committed, including the time and place of its commission or alleged commission, and the degree of involvement or alleged degree of involvement of the person in the commission of the offence, and

(f)  (i) the penalties to which that person would, if convicted of the offence specified in the European arrest warrant, be liable,

(ii) where that person has been convicted of the offence specified in the European arrest warrant but has not yet been sentenced, the penalties to which he or she is liable in respect of the offence, or

(iii) where that person has been convicted of the offence specified in the European arrest warrant and a sentence has been imposed in respect thereof, the penalties of which that sentence consists.

(2) Where it is not practicable for the European arrest warrant to be in the form referred to in subsection (1), it shall include such information, additional to the information specified in subsection (1), as would be required to be provided were it in that form.

(3) Where a European arrest warrant is issued in the issuing state in respect of a person who has not been convicted of the offence specified therein, the European arrest warrant shall be accompanied by a statement in writing of the issuing judicial authority that—

(a) the person has been charged with, and a decision to try him or her for, the offence concerned has been made, or

(b) where the person has not been charged with the offence concerned, a decision to charge him or her with, and try him or her for, the offence concerned has been made,

by a person who in the issuing state, or part thereof, performs functions the same as, or similar to, those performed in the State by the Director of Public Prosecutions.

(4) For the avoidance of doubt, a European arrest warrant may be issued in respect of one or more than one offence.