Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023

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Provisional arrest where sentenced person in State

35. (1) The appropriate court may, upon the sworn information of a member of the Garda Síochána not below the rank of inspector given with the consent of the Minister, issue a warrant for the arrest of any sentenced person if it is satisfied that—

(a) the sentenced person is in the State,

(b) a request in writing for the provisional arrest of the sentenced person has been made on behalf of an issuing state,

(c) the request referred to in paragraph (b) was received by the Minister before—

(i) the receipt by the Minister of the documents referred to in section 34 (1), or

(ii) after the receipt by the Minister of the documents referred to in section 34 (1) but before a decision by the appropriate court to grant or refuse an application for the recognition of the judgment to which the request relates,

and

(d) the request referred to in paragraph (b) is in accordance with subsection (2)(a) or (b), as the case may be.

(2) The Minister, in considering whether to give his or her consent under subsection (1)—

(a) where paragraph (c)(i) of that subsection applies, shall have regard to—

(i) whether the issuing state intends to forward the documents referred to in section 34 (1) without delay, and

(ii) whether the request states—

(I) the name and date of birth of the sentenced person concerned,

(II) where known, the address of the place in the State at which the sentenced person is for the time being residing,

(III) the nature of the offence, the circumstances in which the offence was committed and the time at which, and place where, the offence was committed,

(IV) the nature, duration and date of commencement of the sentence (or, where the sentenced person fled, or otherwise returned, to the State before he or she began serving the sentence, the date on which the sentence should have commenced) in relation to which a judgment has been, or is to be, forwarded, and

(V) where the sentenced person fled, or otherwise returned, to the State after having served part of the sentence but before he or she had completed serving the sentence, the period of the sentence that he or she served,

and

(b) where paragraph (c)(ii) of that subsection applies, shall have regard to the following matters—

(i) whether the request was accompanied by the Framework Decision Certificate that has been forwarded in respect of the sentenced person, and

(ii) where such information is not contained in the Framework Decision Certificate, whether the request contains the information referred to in paragraph (a)(ii).

(3) A warrant issued under subsection (1) may be executed by any member of the Garda Síochána in any part of the State and may be so executed notwithstanding that it is not in the possession of the member when he or she executes the warrant, and the warrant shall be shown to and a copy thereof given to the sentenced person arrested at the time of his or her arrest or, if the warrant is not then in the possession of the member, not later than 24 hours after his or her arrest.

(4) For the purpose of arresting a sentenced person on foot of a warrant issued under subsection (1), a member of the Garda Síochána may enter, if need be by use of reasonable force, and search a place where the member, with reasonable cause, suspects the sentenced person to be.

(5) A person arrested under a warrant issued under subsection (1) shall, as soon as may be after his or her arrest, be brought before the appropriate court and the court shall, unless the section 34 certificate is produced to the court, remand the person in custody or on bail for a period not exceeding 18 days pending the production to it of that certificate.

(6) If a section 34 certificate is not produced in accordance with subsection (5) before the expiration of the period of 18 days from the date on which the person is arrested under a warrant issued under subsection (1), the person concerned shall be released from custody or the terms of his or her bail forthwith.

(7) Where the documents referred to in section 34 (1), in relation to a person who has been released in accordance with subsection (6), are forwarded to the Minister, an application may be made to the appropriate court.

(8) Where a warrant authorising the arrest of a sentenced person is issued under this section and a section 34 certificate has been produced to the appropriate court, then in any subsequent proceedings it shall be presumed, unless the contrary is shown, that a judgment in relation to the person has been duly forwarded to the Minister.