European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012

• Permanent Page URL

Amendment of section 30 of Act of 2003.

18.— The following is substituted for section 30 of the Act of 2003:

“30.— (1) If the Central Authority in the State receives a European arrest warrant in respect of a person and the State receives a request from a third country for the extradition of that person, the Central Authority in the State shall, where an order has not yet been made under subsection (1) or (2) of section 15, or subsection (1) or (2) of section 16, in relation to the person, so inform the High Court, and the High Court shall not perform functions under this Act in relation to the European arrest warrant, unless the Minister has informed the High Court that—

(a) the request for extradition is not being proceeded with, or

(b) the European arrest warrant is to have precedence over the request for extradition.

(2) If the Central Authority in the State receives a European arrest warrant in respect of a person and the State receives a request from the International Criminal Court for the arrest and surrender of the same person, the Central Authority in the State shall, where an order has not yet been made under subsection (1) or (2) of section 15, or subsection (1) or (2) of section 16, in relation to that person, so inform the High Court, and the High Court shall not perform functions under this Act in relation to the European arrest warrant, unless the arrest and surrender of that person pursuant to such a request is prohibited, or not provided for, under the law of the State.”.