International War Crimes Tribunals Act, 1998
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Provisional arrest warrant. |
11.—(1) The High Court may, without a certificate of the Minister under section 8 , issue a warrant for the provisional arrest of any person on the sworn information of a member of the Garda Síochána, not below the rank of inspector, that he or she has reason to believe that— | |
(a) an international tribunal has made a request for the person's provisional arrest on the grounds of urgency, | ||
(b) the person— | ||
(i) is accused by that tribunal of having committed an international tribunal crime, | ||
(ii) has been convicted by that tribunal of such a crime, or | ||
(iii) is suspected by that tribunal of having committed such a crime, | ||
and | ||
(c) the arrest is for the purpose of detaining the person pending the Minister receiving from that tribunal a warrant for the person's arrest. | ||
(2) On issuing a provisional arrest warrant, the High Court shall forthwith inform the Minister of its issue. | ||
(3) Where it appears to the Minister that a warrant of arrest will not be received from the international tribunal in respect of the person named in the provisional arrest warrant or that proceedings will not be commenced against that person by that tribunal, the Minister may, by order— | ||
(a) cancel the provisional arrest warrant, and | ||
(b) if the warrant has been executed and the person arrested under it is in custody, require that he or she be released. | ||
(4) A provisional arrest warrant may be issued under subsection (1) in respect of a person despite the previous issue or refusal of a warrant for his or her arrest. |