(LRC Revised)

Number 45 of 2003

EUROPEAN ARREST WARRANT ACT 2003

REVISED

Updated to 23 July 2024

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

European Arrest Warrant Act 2003

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including the

Courts, Civil Law, Criminal

Law and Superannuation (Miscellaneous Provisions) Act 2024

(30/2024), enacted 23

July 2024, and all statutory instruments up to and including the

European Union

(Hague Maintenance Convention) (Amendment) Regulations 2024

(S.I. No. 381 of

2024), made 23 July 2024, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

45

of

2003

EUROPEAN ARREST WARRANT ACT 2003

REVISED

Updated to 23 July

2024

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Designated States.

4.

Application of Act.

4A.

Issuing state presumed to comply with Framework Decision.

5.

Corresponding offences.

6.

Central Authority in the State.

7.

Orders and regulations.

8.

Expenses.

PART 2

European Arrest Warrant

Chapter 1

European Arrest Warrant Received in State

9.

Executing judicial authority in the State.

10.

Obligation to surrender.

11.

European arrest warrant.

12.

Transmission of European arrest warrant.

13.

Application to High Court for endorsement to execute European arrest warrant.

14.

Arrest without warrant for surrender purposes.

14A.

Facilitation of hearing by judicial authority of issuing

state.

14B.

Warrant for temporary transfer of person to issuing state.

15.

Consent to surrender.

16.

Committal of person named in European arrest warrant.

16A.

Failure to comply with time periods in

section 15

or

16

.

17.

European arrest warrant relating to more than one offence.

18.

Postponement of surrender.

19.

Conditional surrender.

20.

Additional documentation and information.

21.

Movement of persons detained under this Act.

21A.

Refusal of surrender where no decision to prosecute.

(Repealed)

22.

Rule of specialty disapplied.

23.

Surrender of person by issuing state to other Member State.

24.

Surrender of person by issuing state to third state.

25.

Searches for purposes of European arrest warrant.

26.

Handing over of property.

27.

Remand.

28.

Transit.

29.

Multiple European arrest warrants.

30.

European arrest warrants and requests for extradition.

30A.

Extradition arrangements with third countries.

Chapter 2

Issue of European Arrest Warrant by State

31.

Definition.

32.

Offences to which Article 2.2 of Framework Decision applies.

33.

Issue of European arrest warrant by court in State.

33A.

Request for disapplication of rule of specialty.

34.

Transmission of European arrest warrant issued in State.

35.

Arrest of person surrendered to State.

35A.

Guarantees surrounding custodial sentences imposed

in

absentia

.

36.

Deduction of period of detention in executing state from sentence.

36A.

Conditional surrender to State pursuant to relevant arrest

warrant.

PART 3

Prohibition on Surrender

37.

Fundamental rights.

38.

Offence in respect of which a person shall not be surrendered.

39.

Pardon or amnesty.

40.

Passage of time from commission of offence.

(Repealed)

41.

Double jeopardy.

42.

Proceedings in the State.

43.

Age.

44.

Commission of offence outside issuing state.

45.

Persons convicted

in absentia

.

45A.

Identification procedures.

45B.

Transfer of persons to state from which surrendered.

45C.

Technical flaws in applications for surrender.

46.

Immunity from prosecution.

PART 4

Miscellaneous

47.

Amendment of section 3 of Act of 1965.

48.

Laying of orders under Act of 1965 before Houses of Oireachtas.

49.

Application of Part II of Act of 1965.

50.

Repeal of Part III of Act of 1965.

51.

Amendment of Extradition (European Convention on the Suppression of Terrorism) Act

1987.

52.

Amendment of Act of 2001.

SCHEDULE

PART A

Text in the Irish language of Council Framework Decision of 13 June 2002 on the European

arrest warrant and the surrender procedures between Member States.

PART B

Text in the English language of Council Framework Decision of 13 June 2002 on the

European arrest warrant and the surrender procedures between Member States.

Acts Referred to

Criminal Justice (Administration) Act 1924

1924, No. 44

Criminal Justice Act 1960

1960, No. 27

European Communities Act 1972

1972, No. 27

Extradition Act 1965

1965, No. 17

Extradition Acts 1965 to 2001

Extradition (European Convention on the Suppression of Terrorism) Act 1987

1987, No. 1

Extradition (European Union Conventions) Act 2001

2001, No. 49

Number

45

of

2003

EUROPEAN ARREST WARRANT ACT 2003

REVISED

Updated to 23 July 2024

AN ACT TO GIVE EFFECT TO COUNCIL FRAMEWORK DECISION OF 13 JUNE 2002

1

ON THE EUROPEAN ARREST WARRANT AND THE SURRENDER PROCEDURES BETWEEN MEMBER STATES;

TO AMEND THE EXTRADITION ACT 1965 AND CERTAIN OTHER ENACTMENTS; AND TO PROVIDE FOR

MATTERS CONNECTED THEREWITH. [28

th December

, 2003]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

C1

Application of Act

extended (31.12.2020 at 11 p.m.) by

European Arrest Warrant (Application to

Third Countries) (United Kingdom) Order 2020

(S.I. No. 720 of 2020), in

effect as per art. 1(2).

3. The provisions of the Act of

2003 that would, apart from section 2 of the European Arrest Warrant (Application

to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (No. 30 of

2012) and orders made under subsection (2) of that section, apply only in relation

to Member States shall apply in relation to the United Kingdom of Great Britain

and Northern Ireland.

4. Without prejudice to the

generality of Article 3, the provisions of the Act of 2003 referred to in that

Article shall, in accordance with Article LAW.SURR.112 of the Agreement, apply in

relation to a European arrest warrant that satisfies the following conditions

(

a

) that the European

arrest warrant has been issued by a judicial authority in the United Kingdom of

Great Britain and Northern Ireland before 11.00 p.m. on the 31st day of December

2020, and

(

b

) that the person in

respect of whom the European arrest warrant is issued has not been arrested for

the purposes of the execution of the European arrest warrant before 11.00 p.m. on

the 31st day of December 2020.

C2

Application of Act

extended (15.09.2020) by

European Arrest Warrant (Application to Third

Countries) (Iceland and Norway) Order 2020

(S.I. No. 346 of 2020), art.

2.

2. The provisions of

the European Arrest Warrant Act 2003 (No. 45 of 2003) that would, apart

from section 2 of the European Arrest Warrant (Application to Third

Countries and Amendment) and Extradition (Amendment) Act 2012 (No. 30 of

2012) and this Order, apply only in relation to Member States shall apply in

relation to Iceland and Norway.

C3

Application of Act restricted (20.12.2013) by

European Communities Act 1972 (Interpretation and Translation in Criminal Proceedings)

Regulations 2013

(S.I. No. 565 of 2013), reg. 10.

PART IV

Proceedings for the execution of a European arrest warrant

10. Notwithstanding the provisions of the European Arrest Warrant Act 2003 (as amended),

Parts I, II and III of these Regulations shall apply with any necessary modifications

in proceedings for the execution of a European arrest warrant.

Editorial

Notes

E1

Proceedings under

Act included in definition of "relevant proceedings" (21.08.2020) by

Civil Law

and Criminal Law (Miscellaneous Provisions) Act 2020

(13/2020), s. 22, S.I.

No. 306 of 2020.

Annotations

Modifications (not altering text)

C1

Application of Act

extended (31.12.2020 at 11 p.m.) by

European Arrest Warrant (Application to

Third Countries) (United Kingdom) Order 2020

(S.I. No. 720 of 2020), in

effect as per art. 1(2).

3. The provisions of the Act of

2003 that would, apart from section 2 of the European Arrest Warrant (Application

to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (No. 30 of

2012) and orders made under subsection (2) of that section, apply only in relation

to Member States shall apply in relation to the United Kingdom of Great Britain

and Northern Ireland.

4. Without prejudice to the

generality of Article 3, the provisions of the Act of 2003 referred to in that

Article shall, in accordance with Article LAW.SURR.112 of the Agreement, apply in

relation to a European arrest warrant that satisfies the following conditions

(

a

) that the European

arrest warrant has been issued by a judicial authority in the United Kingdom of

Great Britain and Northern Ireland before 11.00 p.m. on the 31st day of December

2020, and

(

b

) that the person in

respect of whom the European arrest warrant is issued has not been arrested for

the purposes of the execution of the European arrest warrant before 11.00 p.m. on

the 31st day of December 2020.

C2

Application of Act

extended (15.09.2020) by

European Arrest Warrant (Application to Third

Countries) (Iceland and Norway) Order 2020

(S.I. No. 346 of 2020), art.

2.

2. The provisions of

the European Arrest Warrant Act 2003 (No. 45 of 2003) that would, apart

from section 2 of the European Arrest Warrant (Application to Third

Countries and Amendment) and Extradition (Amendment) Act 2012 (No. 30 of

2012) and this Order, apply only in relation to Member States shall apply in

relation to Iceland and Norway.

C3

Application of Act restricted (20.12.2013) by

European Communities Act 1972 (Interpretation and Translation in Criminal Proceedings)

Regulations 2013

(S.I. No. 565 of 2013), reg. 10.

PART IV

Proceedings for the execution of a European arrest warrant

10. Notwithstanding the provisions of the European Arrest Warrant Act 2003 (as amended),

Parts I, II and III of these Regulations shall apply with any necessary modifications

in proceedings for the execution of a European arrest warrant.

Editorial

Notes

E1

Proceedings under

Act included in definition of "relevant proceedings" (21.08.2020) by

Civil Law

and Criminal Law (Miscellaneous Provisions) Act 2020

(13/2020), s. 22, S.I.

No. 306 of 2020.

PART 1

Preliminary and General

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Designated States.

4.

Application of Act.

4A.

Issuing state presumed to comply with Framework Decision.

5.

Corresponding offences.

6.

Central Authority in the State.

7.

Orders and regulations.

8.

Expenses.

PART 2

European Arrest Warrant

Chapter 1

European Arrest Warrant Received in State

9.

Executing judicial authority in the State.

10.

Obligation to surrender.

11.

European arrest warrant.

12.

Transmission of European arrest warrant.

13.

Application to High Court for endorsement to execute European arrest warrant.

14.

Arrest without warrant for surrender purposes.

14A.

Facilitation of hearing by judicial authority of issuing

state.

14B.

Warrant for temporary transfer of person to issuing state.

15.

Consent to surrender.

16.

Committal of person named in European arrest warrant.

16A.

Failure to comply with time periods in

section 15

or

16

.

17.

European arrest warrant relating to more than one offence.

18.

Postponement of surrender.

19.

Conditional surrender.

20.

Additional documentation and information.

21.

Movement of persons detained under this Act.

21A.

Refusal of surrender where no decision to prosecute.

(Repealed)

22.

Rule of specialty disapplied.

23.

Surrender of person by issuing state to other Member State.

24.

Surrender of person by issuing state to third state.

25.

Searches for purposes of European arrest warrant.

26.

Handing over of property.

27.

Remand.

28.

Transit.

29.

Multiple European arrest warrants.

30.

European arrest warrants and requests for extradition.

30A.

Extradition arrangements with third countries.

Chapter 2

Issue of European Arrest Warrant by State

31.

Definition.

32.

Offences to which Article 2.2 of Framework Decision applies.

33.

Issue of European arrest warrant by court in State.

33A.

Request for disapplication of rule of specialty.

34.

Transmission of European arrest warrant issued in State.

35.

Arrest of person surrendered to State.

35A.

Guarantees surrounding custodial sentences imposed

in

absentia

.

36.

Deduction of period of detention in executing state from sentence.

36A.

Conditional surrender to State pursuant to relevant arrest

warrant.

PART 3

Prohibition on Surrender

37.

Fundamental rights.

38.

Offence in respect of which a person shall not be surrendered.

39.

Pardon or amnesty.

40.

Passage of time from commission of offence.

(Repealed)

41.

Double jeopardy.

42.

Proceedings in the State.

43.

Age.

44.

Commission of offence outside issuing state.

45.

Persons convicted

in absentia

.

45A.

Identification procedures.

45B.

Transfer of persons to state from which surrendered.

45C.

Technical flaws in applications for surrender.

46.

Immunity from prosecution.

PART 4

Miscellaneous

47.

Amendment of section 3 of Act of 1965.

48.

Laying of orders under Act of 1965 before Houses of Oireachtas.

49.

Application of Part II of Act of 1965.

50.

Repeal of Part III of Act of 1965.

51.

Amendment of Extradition (European Convention on the Suppression of Terrorism) Act

1987.

52.

Amendment of Act of 2001.

SCHEDULE

PART A

Text in the Irish language of Council Framework Decision of 13 June 2002 on the European

arrest warrant and the surrender procedures between Member States.

PART B

Text in the English language of Council Framework Decision of 13 June 2002 on the

European arrest warrant and the surrender procedures between Member States.

Number

45

of

2003