European Arrest Warrant Act 2003

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Transmission of European arrest warrant.

12.—(1) A European arrest warrant shall be transmitted by, or on behalf of, the issuing judicial authority to the Central Authority in the State and, where the European arrest warrant is in a language other than the Irish language, the English language or such other language as the Minister may by order prescribe, a translation of the European arrest warrant into the Irish language or the English language shall be so transmitted with the European arrest warrant.

(2) Such undertakings as are required to be given under this Act shall be transmitted by, or on behalf of, the issuing judicial authority to the Central Authority in the State, and where any such undertaking is in a language other than the Irish language, the English language or such other languages as the Minister may by order prescribe, a translation of that undertaking into the Irish language or the English language shall be so transmitted with the undertaking.

(3) A European arrest warrant, or an undertaking required to be given under this Act, may be transmitted to the Central Authority in the State by—

(a) delivering it to the Central Authority in the State, or

(b) one of the methods specified in paragraph 2 and 3 of Article 10 of the Framework Decision.

(4) Notwithstanding subsection (3), an issuing judicial authority shall be deemed to have complied with subsection (1) if facsimile copies of—

(a) the European arrest warrant, and

(b) where appropriate, a translation thereof,

are transmitted, in accordance with regulations (if any) under subsection (10), by the issuing judicial authority to the Central Authority in the State by means of a facsimile machine in respect of which there is compliance with such regulations.

(5) Notwithstanding subsection (3), an issuing judicial authority shall be deemed to have complied with subsection (2) if facsimile copies of—

(a) such undertakings as are required under this Act, and

(b) where appropriate, translations thereof,

are transmitted, in accordance with regulations under subsection (10), by the issuing judicial authority to the Central Authority in the State by means of a facsimile machine in respect of which there is compliance with such regulations.

(6) If the Central Authority in the State or the High Court is not satisfied that the facsimile copy of a document transmitted in accordance with this section corresponds to the document of which it purports to be a facsimile copy, he or she, or it, shall require the issuing judicial authority to cause the original of the document or a true copy thereof to be transmitted to the Central Authority in the State, and shall agree with the issuing judicial authority the manner in which such original or true copy shall be transmitted.

(7) For the purposes of this Act, a document shall be deemed to be a true copy of an original document if it has been certified as a true copy of the original document by—

(a) the issuing judicial authority, or

(b) an officer of the central authority of the issuing state duly authorised to certify it as a true copy.

and where the seal of the issuing judicial authority or the central authority of the issuing state has been affixed to the document, judicial notice shall be taken of that seal.

(8) In proceedings to which this Act applies, a document that purports to be—

(a) a European arrest warrant issued by a judicial authority in the issuing state,

(b) an undertaking required under this Act of a judicial authority in the issuing state,

(c) a translation of a European arrest warrant or undertaking under this Act, or

(d) a true copy of such a document,

shall be received in evidence without further proof.

(9) In proceedings to which this Act applies, a document that purports to be a facsimile copy or true copy of a European arrest warrant, undertaking or translation referred to in subsection (8) shall, unless the contrary is shown, be evidence of the European arrest warrant, undertaking or translation concerned, as the case may be.

(10) The Minister may, for the purposes of ensuring the accuracy of documents transmitted in accordance with this section, make regulations prescribing—

(a) the procedures that shall be followed in connection with the transmission of documents in accordance with this section, and

(b) that such features as are specified in the regulations shall be present in any equipment being used in that connection.

(11) In this section “undertaking” includes a statement under section 11 (3).