Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Act 2020

Issue of arrest warrant

21. (1) The prosecutor may make an application to the court for a warrant for the arrest of a supervised person or former supervised person where, as appropriate—

(a) such person fails to appear before the court on the date specified in the supervision decision on which he or she is required to do so following the expiration of the period during which the supervision decision can be monitored by the executing State, or

(b) such person fails to appear before the court in accordance with the order concerned made by the court under section 20 (3)(a).

(2) The court may issue a warrant for the arrest of the supervised person or former supervised person.

(3) A member of the Garda Síochána may arrest the supervised person or former supervised person pursuant to a warrant issued under subsection (2) notwithstanding that the member does not have the warrant concerned in his or her possession at the time of the arrest.

(4) The member of the Garda Síochána arresting the supervised person or former supervised person under subsection (3) shall, as soon as is practicable, produce and serve on the person the warrant concerned.

(5) The arrested supervised person or former supervised person shall, as soon as is practicable, be brought before the court that made the order directing that the relevant recognisance be entered into and the person may be treated in accordance with section 6(9) of the Act of 1997.