S.I. No. 119/2005 -- District Court (European Arrest Warrant) Rules 2005

S.I. No. 119/2005 -- District Court (European Arrest Warrant) Rules 2005 2005 119

STATUTORY INSTRUMENTS

S.I. No. 119 of 2005

District Court (European Arrest Warrant) Rules, 2005

SI 119 of 2005

District Court (European Arrest Warrant) Rules 2005

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act 1924 , section 72 of the Courts of Justice Act 1936 , section 17 of the Interpretation Act 1937 [as applied by section 48 of the Courts (Supplemental Provisions) Act 1961 ] and section 34 of the Courts (Supplemental Provisions) Act 1961 , do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the following rules of court:-

1. These rules may be cited as the District Court (European Arrest Warrant) Rules 2005.

2. These rules shall come into operation on the 2nd day of April 2005 and shall be read together with all other District Court Rules for the time being in force.

3. Order 16 of the District Court Rules 1997 ( S.I. No. 93 of 1997 ) shall be amended by the insertion of the following, immediately after rule 7:

“ Application for Issue of European Arrest Warrant

8(1). In this rule, the expressions “Central Authority in the State”, “European arrest warrant”, “Framework Decision”, “judicial authority”, and “Member State” shall have the meanings given to each of them by the European Arrest Warrant Act 2003 (the “Act of 2003”)

(2). An application to the District Court by or on behalf of the Director of Public Prosecutions, for the issue of a European arrest warrant pursuant to section 33 of the Act of 2003 in respect of a person shall be made by information on oath and in writing to a Judge of the District Court sitting in the District Court which has issued the domestic warrant. Such information shall be in the Form 16.2, Schedule B. Such information shall include the particulars required by sub-rule (3) hereof. The Judge may issue a European arrest warrant:

(a) where the Judge is satisfied upon reasonable grounds that --

(i) a domestic warrant was issued for the arrest of that person but was not executed, and

(ii) the person is not in the State, and

(b) where --

(i) the person would, if convicted, be liable to a term of imprisonment of 12 months or more than 12 months, or

(ii) a term of imprisonment of not less than 4 months has been imposed on the person in respect of the offence concerned and the person is required to serve all or part of that term of imprisonment.

(3). A European arrest warrant shall be in the Form 16.3, Schedule B, and in so far as is practicable, be in the form set out in the Annex to the Framework Decision, and shall specify the following particulars --

(a) the name and the nationality of the person to whom it relates,

(b) the name, address, fax number and e-mail address of the District Court Office for the District in which the Court was sitting when it issued the European arrest warrant,

(c) the offence to which the European arrest warrant relates including a description thereof,

(d) that a conviction, sentence or detention order is immediately enforceable against the person, or that a warrant for his or her arrest has been issued in respect of that offence,

(e) the circumstances in which the offence was committed or is alleged to have been committed, including the time and place of its commission or alleged commission, and the degree of involvement or alleged degree of involvement of the person in the commission of the offence, and

(f) (i) the penalties to which the person named in the European arrest warrant would, if convicted of the offence to which the European arrest warrant relates, be liable,

(ii) where the person named in the European arrest warrant has been convicted of the offence specified therein and a sentence has been imposed in respect thereof, the penalties of which that sentence consists, and

(iii) where the person named in the European arrest warrant has been convicted of the offence specified therein but has not yet been sentenced, the penalties to which he or she is liable in respect of the offence.

(4). Where it is not practicable for the European arrest warrant to be in the form set out in the Annex to the Framework Decision, the European arrest warrant shall, in addition to containing the information specified in subsection (2) of section 33 of the Act of 2003, include such other information as would be required to be provided were it in that form.”

4. Order 34 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) shall be amended by the insertion immediately following rule 14 of the following:

“Warrant for purposes of the European Arrest Warrant Act 2003 (No. 45 of 2003)

15(1). An application to a judge of the District Court by a member of the Garda Síochána for the issue of a warrant pursuant to section 25(4)(b) of the European Arrest Warrant Act 2003 may be made to a Judge of the District Court assigned to the district within which the dwelling concerned is situated.

(2). Such application shall be by the information on oath and in writing in the Form 34.33 Schedule B of the member of the Garda Síochána applying for such warrant.

(3) A warrant issued on foot of such information shall be in the Form 34.34 Schedule B”.

5. The Forms numbered 16.2, 16.3, 34.33 and 34.34 in Schedule 1 hereof shall be added to the Forms in Schedule B of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ).

Schedule 1

Schedule B

O.16, r 8

No. 16.2

EUROPEAN ARREST WARRANT ACT 2003

Chapter 2, Section 33

INFORMATION FOR THE ISSUE OF A EUROPEAN ARREST WARRANT

District Court Area of

No.

District

THE INFORMATION of............................................................ ............................................... of............................................................ ........................................................... who says on oath --

I am

....................................................of............................................................ ..a............................................ and I am making an application for the issue of a European arrest warrant pursuant to the provisions of the above-named Act. I make the application herein on behalf of the Director of Public Prosecutions having been authorised to do

so............................................................ ............................................................ ........................................

.......(*state basis of

authorisation)............................................................ ............................................................ .

............................................................ ............................................................ ............................................

..............

I say that on the ........day of............................20.... a domestic warrant, within the meaning of section 31 of the above-named Act, was issued for the arrest of one..............................................of..................................................... by the District Court, District Court Area of...........................................District No................. I say that the said domestic warrant was not executed and has not been executed up to the date of the swearing of this information by me, being the ........ day of........................20.....

I have attached hereto the said domestic warrant which I have read and considered prior to the swearing of this my information and I say that the person named in the said domestic warrant as ............................... ..................of............................................................ .. is the person in respect of whom I am applying for a European arrest warrant herein.

*I say that the said person would, if convicted of the offence concerned in the said domestic warrant, be liable to a term of imprisonment of twelve months or more than twelve months.

*I say that a term of imprisonment of not less than four months has been imposed on the said person in respect of the offence concerned in the said domestic warrant, and that the said person is required to serve all or part of that term of imprisonment.

I say that I am aware of and I have provided all the information referred to in Section 33(2)(a) to (f) of the above-named Act and I have specified and set down said details in a written unsigned draft European arrest warrant.

I say further that the said draft European arrest warrant aforesaid is as far as is practicable in the form set out in the Annex to the Framework Decision and contains the information referred to in Section 33(2)(a) to (f) of the said Act and further contains such other information as is required in the form set out in the Annex to the said Framework Decision. I am aware of and I have provided the said other information.

I say that I have attached and pinned the said draft European arrest warrant to this information in writing prior to the swearing on Oath of this said information.

I say that I have read and considered the attached draft European arrest warrant prior to the swearing of this information and the information and details set down on the said draft European arrest warrant are correct within my knowledge and belief.

I hereby apply to the above-mentioned District Court, being the Court that issued the said domestic warrant, for the issue of a European arrest warrant pursuant to the provisions of Part 2, Chapter 2, Section 33 of the said Act.

Signed...................................

Informant

SWORN before me this day of 20

at............................................................ .......................

Signed...................................

Judge of the District Court

*delete if inapplicable

Schedule B

O.16, r 8

No. 16.3

EUROPEAN ARREST WARRANT ⁽¹⁾

This warrant has been issued by a competent judicial authority. I request that the person mentioned below be arrested and surrendered for the purposes of conducting a criminal prosecution or executing a custodial sentence or detention order.

(a) Information regarding the identity of the requested person:

Name............................................................ ............................................................ ............................

Forename(s):............................................................ ............................................................ .................

Maiden name, where applicable............................................................ .................................................

Aliases, where applicable:............................................................ ..........................................................

Sex:............................................................ ............................................................ ..............................

Nationality:............................................................ ............................................................ ....................

Date of birth:............................................................ ............................................................ .................

Place of birth: ............................................................ ............................................................ ...............

Residence and/or known address:............................................................ ..............................................

Language(s) which the requested person understands (if known)

............................................................ ............................................................ .....................................

Distinctive marks/description of the requested person:

............................................................ ............................................................ .....................................

Photo and fingerprints of the requested person, if they are available and can be transmitted, or contact details of the person to be contacted in order to obtain such information or a DNA profile (where this evidence can be supplied but has not been included)

............................................................ ............................................................ .....................................

(b) Decision on which the warrant is based:

1. Arrest warrant or judicial decision having the same effect: ............................................................ ....

Type: ............................................................ ............................................................ .....................

2. Enforceable judgement:..... ............................................................ ..................................................

............................................................ ............................................................ .....................................

Reference: ............................................................ ............................................................ ....................

1. Maximum length of the custodial sentence or detention order which may be imposed for the offence(s):............................................................ ................

2. Length of the custodial sentence or detention order imposed:............................................................ .......................

Remaining sentence to be served ............................................................ .........................................

............................................................ ............................................................ .....................................

(d) Decision rendered in absentia and:

- the person concerned has been summoned in person or otherwise informed of the date and place of the hearing which led to the decision rendered in absentia,

- the person concerned has not been summoned in person or otherwise informed of the date and place of the hearing which led to the decision rendered in absentia but has the following legal guarantees after surrender (such guarantees can be given in advance)

Specify the legal guarantees

............................................................ ............................................................ ..........

(e) Offences:

This warrant relates to in total: ............................................................ .................... offences.

Description of the circumstances in which the offence(s) was (were) committed, including the time, place and degree of participation in the offence(s) by the requested person:

............................................................ ............................................................ .....................................

Nature and legal classification of the offence(s) and the applicable statutory provision/code:

............................................................ ............................................................ .....................................

1. If applicable, tick one or more of the following offences punishable in the issuing Member State by a custodial sentence or detention order of a maximum of at least 3 years as defined by the laws of the issuing Member State:

□ participation in a criminal organisation;

□ terrorism;

□ trafficking in human beings;

□ sexual exploitation of children and child pornography;

□ illicit trafficking in narcotic drugs and psychotropic substances;

□ illicit trafficking in weapons, munitions and explosives;

□ corruption;

□ fraud, including that affecting the financial interests of the European Communities within the meaning of the Convention of 26 July 1995 on the protection of European Communities’ financial interests;

□ laundering of the proceeds of crime;

□ counterfeiting of currency, including the euro;

□ computer-related crime;

□ environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties;

□ facilitation of unauthorised entry and residence;

□ murder, grievous bodily injury;

□ illicit trade in human organs and tissue;

□ kidnapping, illegal restraint and hostage-taking;

□ racism and xenophobia;

□ organised or armed robbery;

□ illicit trafficking in cultural goods, including antiques and works of art;

□ swindling;

□ racketeering and extortion;

□ counterfeiting and piracy of products;

□ forgery of administrative documents and trafficking therein;

□ forgery of means of payment;

□ illicit trafficking in hormonal substances and other growth promoters;

□ illicit trafficking in nuclear or radioactive materials;

□ trafficking in stolen vehicles;

□ rape;

□ arson;

□ crimes within the jurisdiction of the International Criminal Court;

□ unlawful seizure of aircraft/ships;

□ sabotage.

II. Full descriptions of offence(s) not covered by section I above:

............................................................ ............................................................ .....................................

(f) Other circumstances relevant to the case (optional information):

(NB: This could cover remarks on extraterritoriality, interruption of periods of time limitation and other consequences of the offence)

............................................................ ............................................................ ...........................

(g) This warrant pertains also to the seizure and handing over of property which may be required as evidence:

This warrant pertains also to the seizure and handing over of property acquired by the requested person as a result of the offence:

Description of the property (and location) (if known)............................................................ .....

............................................................ ............................................................ ...........................

(h) The offence(s) on the basis of which this warrant has been issued is (are) punishable by/has(have) led to a custodial life sentence or lifetime detention order:

- the legal system of the issuing Member State allows for a review of the penalty or measure imposed - on request or at least after 20 years - aiming at a non-execution of such penalty or measure,

and/or

- the legal system of the issuing Member State allows for the application of measures of clemency to which the person is entitled under the law or practice of the issuing Member State, aiming at non-execution of such penalty or measure.

(i) The judicial authority which issued the warrant:

Official name: District Court of Ireland, District Court Area of................., District No............

Name of its representative⁽¹⁾ ...........................................

Post held (title/grade): Judge of the District Court

File reference: ............................................................ ..........................................................

Address: District Court Office,

............................................................ ............................................................ ........ Ireland

Tel: (+353) (...) .........................................................

Fax: (+353) (...) ........................................................

E-mail: ............................................................ ....................................

Contact details of the person to contact to make necessary practical arrangements for the surrender:............................................................ ............................................................ ..............

Where a central authority has been made responsible for the transmission and administrative reception of European arrest warrants:

Name of the Central Authority: Minister for Justice, Equality & Law Reform as Central Authority for Ireland for the purposes of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States.

Contact person, if applicable (title/grade and name): ................................ ............................................................ ....................................

Address: ............................................................ .........

Tel: (+353) (....) ..............................................

Fax: (+353) (....) .............................................

E-mail: ...........................................................

Signature of the issuing judicial authority and/or its representative:

............................................................ ...............................................

Name: ............................................................ ....................................

Post held (title/grade): Judge of the District Court

Date ............................................................ .........................................

Official stamp (if available)

Schedule B

O.34, r 15

No. 34.33

EUROPEAN ARREST WARRANT ACT 2003

Section 25(4)(b)

INFORMATION FOR SEARCH WARRANT

District Court Area of

District No.

THE INFORMATION of............................................................ .................................... of............................................................ ............................................................ ........................................... A member of the Garda Síochána who says on oath --

I am a member of the Garda Síochána stationed at..................................Garda Station............. I believe that there are reasonable grounds for believing that:

*evidence of, or relating to, an offence specified in a European arrest warrant (within the meaning of section 2 of the above-mentioned Act of 2003),

namely,............................................................ .................................... is to be found in a dwelling at............................................................ .......in the Court (area and) District aforesaid.

The European arrest warrant to which I refer herein is a European arrest warrant, Order or decision of a Judicial authority of a Member State, being.................., issued under such laws as give effect in that Member State to the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, 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. I say that the said European arrest warrant so issued is dated the..... day of ...... 20......and that the offence specified in the said European arrest warrant is the offence of ...........................................................

The grounds for my so believing are as follows-

And I hereby apply for the issue of a warrant under section 25(4)(b) of the said Act in respect of the said dwelling.

Signed..........................................

Informant

SWORN before me this day of 20

at............................................................ ....................................

Signed..........................................

Judge of the District Court

* delete if inapplicable

Schedule B

O.34, r 15

No. 34.34

EUROPEAN ARREST WARRANT ACT 2003

Section 25(4)(b)

SEARCH WARRANT

District Court Area of

District No.

WHEREAS from the information on oath and in writing sworn before me on this day pursuant to section 25(4)(b) of the above-mentioned Act by ...................................................... of ............................................................ .......a member of the Garda Síochána

I AM SATISFIED THAT there are reasonable grounds for believing that:

*evidence of, or relating to, an offence specified in a European arrest warrant (within the meaning of section 2 of the above-mentioned Act of 2003), is to be found at a dwelling at............................................................ .........in the Court (Area and) District aforesaid,

*property obtained or received at any time (whether before or after the passing of the above-mentioned Act of 2003) as a result of or in connection with the commission of an offence specified in a European arrest warrant (within the meaning of section 2 of the above-mentioned Act of 2003) is to be found in a dwelling at............................................................ .........in the Court (Area and) District aforesaid.

THIS IS TO AUTHORISE.................................... ............................................................ of ............................................................ .............a member of the Garda Síochána, accompanied by such other members of the Garda Síochána as may be necessary, at any time or times, within one month of the date of the issue of this warrant-

To enter the said dwelling (if necessary by the use of reasonable force) and search the dwelling and any person found at the said dwelling, and a member of the Garda Síochána who enters the said dwelling pursuant to this warrant may seize anything found at the dwelling or anything found in the possession of a person present at the dwelling at the time of the search that the member believes to be such *evidence /*property as aforesaid.

Dated this day of 20

at........................................

Signed.......................................

Judge of the District Court

To the Superintendent of the Garda Síochána

at............................................................ ......

Given this 24th day of January, 2005

Peter Smithwick	Chairman
Uinsin Mac Gruairc
John P Brophy
Mary C Devins
Thomas E O'Donnell
David Kelly
Noel Rubotham
Elizabeth Hughes	Secretary

I concur in the making of the foregoing rules

Dated this 2nd day of March 2005

Michael McDowell

Minister for Justice, Equality and Law Reform

../images/seal.jpg

EXPLANATORY NOTE

(This does not form part of the Instrument and foes not purport to be a legal interpretation)

These Rules amend Order 16 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) and set out procedures in respect of applications for European Arrest Warrants.

⁽¹⁾ This warrant must be written in, or translated into, one of the official languages of the executing Member State, when that State is known, or any other language accepted by that State.

⁽¹⁾ In the different language versions a reference to the “holder” of the judicial authority will be included.

	[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Irish Statutory Instruments
You are here: BAILII >> Databases >> Irish Statutory Instruments >> District Court (European Arrest Warrant) Rules S.I. No. 119/2005 URL: http://www.bailii.org/ie/legis/num_reg/2005/0119.html

Irish Statutory Instruments

S.I. No. 119/2005 -- District Court (European Arrest Warrant) Rules 2005