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Amendments to section 33 of Act of 2003.
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16.— Section 33 of the Act of 2003 is hereby amended—
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(a) by the substitution for subsection (1)(a) of the following subsection:
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“(1) A court may, upon an application made by or on behalf of the Director of Public Prosecutions, issue a European arrest warrant in respect of a person where it is satisfied that—
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(a) a domestic warrant has been issued for the arrest of that person but has not been executed, and
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(b) the person may not be in the State, and”,
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(b) in subsection (1)(b)(i) by the insertion of “or detention” after “imprisonment”,
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(c) in subsection (1)(b)(ii) by the insertion of “or detention” after “imprisonment” in each place where it occurs, and
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(d) by the insertion of the following subsections after subsection (1):
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“(1A) Where a court issues a European arrest warrant in respect of a person under this section, such issue shall be deemed to constitute a request by the court for entry of an alert and of a copy of the European arrest warrant in respect of that person.
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(1B) For the purposes of subsection (1), where a member of the Garda Síochána not below the rank of Sergeant states that he or she believes that a person may not be in the State, the statement is admissible as evidence that the person may not be in the State.”.
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