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45 2003

European Arrest Warrant Act 2003

PART 1

Preliminary and General

Short title and commencement.

1. —(1) This Act may be cited as the European Arrest Warrant Act 2003 .

(2) This Act comes into operation on 1 January 2004.

Interpretation.

2. —(1) In this Act, except where the context otherwise requires—

“Act of 1965” means the Extradition Act 1965;

“Act of 2001” means the Extradition (European Union Conventions) Act 2001 ;

“Central Authority in the State” shall be read in accordance with section 6 ;

“Eurojust” means the body established by Council Decision of 28 February 20022 setting up Eurojust with a view to reinforcing the fight against serious crime;

“European arrest warrant” means a warrant, order or decision of a judicial authority of a Member State, issued under such laws as give effect to the Framework Decision in that Member State, for the arrest and surrender by the State to that Member State of a person in respect of an offence committed or alleged to have been committed by him or her under the law of that Member State;

“European Communities” has the same meaning as it has in the European Communities Act 1972 ;

“facsimile copy” means, in relation to a document, a facsimile copy of that document transmitted in accordance with section 12 ;

“Framework Decision” means Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, the text of which—

(a) in the Irish language, is set out in Part A of the Schedule, and

(b) in the English language, is set out in Part B of the Schedule;

“functions” includes powers and duties, and references to the performance of functions include, as respects powers and duties, references to the exercise of the powers and the carrying out of the duties;

“issuing judicial authority” means, in relation to a European arrest warrant, the judicial authority in the issuing state that issued the European arrest warrant concerned;

“issuing state” means, in relation to a European arrest warrant, a Member State designated under section 3 , a judical authority of which has issued that European arrest warrant;

“judicial authority” means the judge, magistrate or other person authorised under the law of the Member State concerned to perform functions the same as or similar to those performed under section 33 by a court in the State;

“Member State” means a Member State of the European Communities (other than the State) or Gibraltar;

“Minister” means the Minister for Justice, Equality and Law Reform;

“third country” means a country other than the State or a Member State;

“true copy” shall be read in accordance with section 12 (7).

(2) In this Act—

(a) a reference to a section, Part or Schedule is a reference to a section or Part of, or a Schedule to, this Act, unless it is indicated that a reference to some other enactment is intended,

(b) a reference to a subsection, paragraph or subparagraph is a reference to a subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended, and

(c) a reference to any enactment is a reference to that enactment as amended, extended or adapted, whether before or after the passing of this Act, by or under any subsequent enactment.

Designated States.

3. —(1) For the purposes of this Act, the Minister for Foreign Affairs may, by order, designate a Member State that has, under its national law, given effect to the Framework Decision.

(2) The Minister for Foreign Affairs may, by order, amend or revoke an order under this section, including an order under this subsection.

Application of Act.

4. —(1) Subject to subsections (2) and (3), this Act shall apply in relation to an offence, whether committed or alleged to have been committed before or after the commencement of this Act.

(2) This Act shall, in relation to a European arrest warrant issued by a judicial authority in the Republic of Austria or the Italian Republic, apply to offences committed or alleged to have been committed on or after 7 August 2002 only.

(3) This Act shall, in relation to a European arrest warrant issued by a judicial authority in the French Republic, apply to offences committed or alleged to have been committed on or after 1 November 1993 only.

Corresponding offences.

5. —For the purposes of this Act—

(a) an offence under the law of the issuing state corresponds to an offence under the law of the State, where the act or omission that constitutes the offence under the law of the issuing state would, if committed in the State, constitute an offence under the law of the State, and

(b) an offence under the law of the State corresponds to an offence under the law of the issuing state, where the act or omission that constitutes the offence under the law of the State would, if committed in the issuing state, constitute an offence under the law of the issuing state.

Central Authority in the State.

6. —(1) The Minister shall be the Central Authority in the State for the purposes of this Act.

(2) The Minister may, by order, designate such persons as he or she considers appropriate to perform such functions of the Central Authority in the State as are specified in the order and different persons may be so designated to perform different functions of the Central Authority in the State.

(3) For so long as an order under subsection (2) remains in force, a reference in this Act to the Central Authority in the State shall, insofar as it relates to the performance of a function specified in the order, be construed as a reference to the person designated by the order to perform the function concerned.

(4) The Minister shall, by notice in writing, inform the General Secretariat of the Council of the European Union of the making of an order under this section and of the names of the persons designated under the order.

(5) The Minister may, by order, amend or revoke an order under this section (including an order under this subsection).

(6) The Central Authority in the State shall, in each year, prepare a report on the operation, in the preceding year, of Part 2, and shall cause copies of each such report to be laid before both Houses of the Oireachtas as soon as may be after it is so prepared.

Orders and regulations.

7. —Every order and regulation under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House sits after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to anything previously done thereunder.

Expenses.

8. —The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

2OJ No. L63 of 6.3.2002, p.1