European Arrest Warrant Act 2003

• Permanent Page URL

Arrest without warrant on grounds of urgency.

14.—(1) A member of the Garda Síochána may arrest a person without warrant where—

(a) a Schengen alert has been issued by a judicial authority in a Member State in respect of that person, and

(b) the member believes, on reasonable grounds, that the person is likely to leave the State before the European arrest warrant to which the Schengen alert refers is received in the State.

(2) A person arrested under this section shall, upon his or her arrest, be informed of his or her right to—

(a) consent to his or her being surrendered to the issuing state under section 15 ,

(b) obtain, or be provided with, professional legal advice and representation, and

(c) where appropriate, obtain, or be provided with, the services of an interpreter.

(3) A person arrested under this section shall, as soon as may be after his or her arrest, be brought before the High Court, and the High Court shall—

(a) if satisfied that that person is the person in respect of whom the Schengen alert was issued, and

(b) pending the production to the High Court of the European arrest warrant,

remand the person in custody and, for that purpose, the High Court shall have the same powers in relation to remand as it would have if the person were brought before it charged with an indictable offence.

(4) When a person arrested under this section is brought before the High Court under subsection (3), the High Court shall inform the person that he or she is entitled to—

(a) consent to his or her being surrendered to the issuing state under section 15 ,

(b) obtain, or be provided with, professional legal advice and representation, and

(c) where appropriate, obtain, or be provided with, the services of an interpreter.

(5) A person who has been arrested under this section shall be released from custody upon the expiration of the period of 7 days from his or her arrest unless, before the expiration of that period, the European arrest warrant concerned is produced to the High Court.

(6) Notwithstanding subsection (5), the High Court may order the release from custody of a person remanded in custody under this section if, at any time after the person has been so remanded, it appears to the High Court that a European arrest warrant has not been issued in respect of the person or, where appropriate, the issuing judicial authority has not made a statement under section 11 (3).

(7) Where, in relation to a person who is in custody having been remanded under subsection (3), a European arrest warrant is transmitted to the Central Authority in the State, the person shall, as soon as may be, be brought before, and the European arrest warrant shall be produced to, the High Court, and the High Court shall, if satisfied that that person is the person in respect of whom the European arrest warrant was issued—

(a) remand the person in custody or on bail (and for that purpose the High Court shall have the same powers in relation to remand as it would have if the person were brought before it charged with an indictable offence), and

(b) fix a date for the purposes of section 16 (being a date that falls not later than 21 days after the date of the person's arrest).

(8) In proceedings under this section, a document that purports to be a reproduction in writing of a Schengen alert certified by a member of the Garda Síochána not below the rank of sergeant to have been obtained by him or her using equipment designed, or intended for use, for the purposes of the Schengen Information System shall, unless the contrary is shown, be evidence of the Schengen alert concerned.

(9) If, in relation to a person who has been released from custody in accordance with subsection (5) or (6), a European arrest warrant is transmitted to the Central Authority in the State, an application may be made to the High Court under section 13 .

(10) In this section—

“Schengen alert” means a document that indicates that—

(a) a European arrest warrant has been issued by a judicial authority in a Member State in respect of the person named in the document on such date as is specified in the document,

(b) where appropriate, a statement has been made under section 11 (3) by that judicial authority in respect of that person on such date as is specified in the document,

(c) has been transmitted by electronic means by or on behalf of the judicial authority concerned to the Garda Síochána, using equipment designed, or intended for use, for the purposes of the Schengen Information System, and

(d) is capable of being viewed by the Garda Síochána by means of equipment designed or intended for use for those purposes;

“Schengen Information System” means the system referred to in Title IV of the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders done at Schengen on 19 June 1990.