S.I. No. 57/2005 - Circuit Court Rules (European Arrest Warrant Act 2003) 2005

STATUTORY INSTRUMENTS.

S.I. No. 57 of 2005 .

CIRCUIT COURT RULES (EUROPEAN ARREST WARRANT ACT 2003) 2005.

S.I. No. 57 of 2005 .

CIRCUIT COURT RULES (EUROPEAN ARREST WARRANT ACT 2003) 2005.

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of section 69 of the Courts of Justice Act 1936 and section 12 of the Courts of Justice Act 1947 by virtue of the powers conferred on us by section 66 of the Courts of Justice Act 1924 , and section 70 of the Courts of Justice Act 1936 , (as applied by section 48 of the Courts (Supplemental Provisions) Act 1961 ) and section 27 of the Courts (Supplemental Provisions) Act 1961 , and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the annexed Rules of Court.

1. The Circuit Court Rules are hereby amended by the insertion of the following Order:

“EUROPEAN ARREST WARRANT ACT 2003

I.  Preliminary

1.  (1)  In this Order—

the “2003 Act” means the European Arrest Warrant Act 2003 ;

“Framework Decision” means Council Framework Decision of the 13th June 2002 on the European arrest warrant and the surrender procedures between Member States, the text of which is set out in the Schedule to the 2003 Act.

2.  (1)  Subject to sub-rule 2, an application under section 33(1) of the 2003 Act by or on behalf of the Director of Public Prosecutions to the Court to issue a European arrest warrant in respect of a person shall be made ex parte grounded on an affidavit of a person duly authorised on behalf of the applicant. A European arrest warrant issued pursuant to such application shall in so far as is practicable, be in the form set out in the Annex to the Framework Decision and shall contain the information therein set out and such information as is required by section 33(2) of the 2003 Act or, where it is not practicable for the European arrest warrant to be in such form, shall contain the information set out in section 33(3) of the 2003 Act.

(2)  The Court may, in cases of urgency, hear an application under section 33(1) of the 2003 Act on oral evidence or in such manner as the Court may determine.

2.  These rules shall come into operation on the 3rd day of March 2005.

3.  These rules shall be construed together with the Circuit Court Rules 2001 as amended and may be cited as the Circuit Court Rules (European Arrest Warrant Act 2003) 2005.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Rules amend the Circuit Court Rules 2001 and lay down procedures in respect of the European Arrest Warrant Act 2003 .