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Rules of the Superior Courts

Order: 98

European Arrest Warrant Act 2003 & Extradition Acts 1965 to 2001 : S.I. No. 23 of 2005

The below amendment(s) have been made to this instrument which can be viewed by clicking on the link(s):

No98-S.I. No. 117 Of 2013: Rules Of The Superior Courts (International Criminal Court Act 2006) 2013


I. Preliminary

1. (1) In this Order -

the "1965 Act" means the Extradition Act 1965, as amended;

the "2003 Act" means the European Arrest Warrant Act 2003;

"Convention country" shall have the same meaning as in the 1965 Act;

"Minister" means the Minister for Justice, Equality and Law Reform.

(2) Words and expressions contained in rules 2 to 9 inclusive of this Order shall, where the context so admits, have the same meaning as in the 2003 Act.

II. Endorsement of European arrest warrant and procedure following arrest on foot of European Arrest Warrant

2. (1) An application by the Central Authority in the State pursuant to section 13 of the 2003 Act for the endorsement of a European arrest warrant shall be made to the Court by motion ex-parte.

(2) On making such application, the Central Authority in the State shall produce for the Court the European arrest warrant concerned, or a facsimile copy or a true copy thereof.

(3) Where a European arrest warrant (or, where section 13(2)(b) of the 2003 Act applies, a facsimile copy or a true copy of a European arrest warrant, as the case may be) is endorsed for execution pursuant to section 13 of the 2003 Act the endorsement shall be in the following form:-

      "This warrant is endorsed for execution pursuant to Order of the High Court.

      Dated the ... day of ..... 2

      Signed: ________

      Registrar"

3. (1) Where a person arrested under a European arrest warrant is brought before the Court in accordance with section 13(5) of the 2003 Act, the Court shall fix a date for the purposes of section 16 of the 2003 Act not later than 21 days from the date of the person's arrest, and shall remand the person in custody or on bail to that date or to such earlier date as the Court shall direct.

(2) The provisions of rule 15 of Order 84 shall apply to an application for bail made by a person arrested under a European arrest warrant.

(3) Where in any case the Court remands the person in custody in accordance with the provisions of the 2003 Act the committal warrant shall be in writing in the Form No. 1, Appendix AA.

III. Consent to surrender under the 2003 Act

4. Where a person arrested under a European arrest warrant endorsed by the Court consents to being surrendered to the issuing State pursuant to section 15 of the 2003 Act, the consent to surrender given by the person shall be in writing in the Form No. 2, Appendix AA. Where the Court considers it appropriate, it may direct that a translation of that form in a language specified by the Court be provided to the person for signature.

IV. Procedure on refusal or withdrawal of consent to surrender under the 2003 Act

5. (1) Where a person does not consent to his or her surrender to the issuing State, or withdraws his or her consent under section 15(9) of the 2003 Act, he shall be at liberty, not later than 4 days before the date fixed for the purposes of section 16 of the 2003 Act, to deliver to the solicitor for the Central Authority in the State and file in the Central Office, Points of Objection to his or her surrender.

(2) Points of Objection shall contain a statement in summary form of the grounds and of the material facts on which the person relies to resist the execution of the European arrest warrant but not the evidence by which such material facts are to be proved.

(3) Where a person withdraws his or her consent to surrender, such withdrawal shall be notified in writing by on behalf of the person as soon as may be to the governor or person in charge of the prison or other place where the person is detained or to the solicitor for the Central Authority in the State and thereafter the person shall be brought before the Court on the date fixed for the purposes of section 16 of the 2003 Act.

6. On the date fixed pursuant to rule 3(1) of this Order the Court shall make an order directing that the person be surrendered to such other person as is duly authorised by the issuing State to receive him or her or, where Points of Objection have been delivered, shall fix a date for the purpose of a hearing of the Points of Objection and shall remand the person for that purpose and shall make such directions as to the delivery of affidavits and otherwise as seem appropriate.

V. Evidence and discovery of documents under the 2003 Act

7. Evidence at the hearing fixed for the purposes of section 16 of the 2003 Act shall be adduced on affidavit save where the Court, in urgent cases or if the interests of justice so require, otherwise directs.

8. (1) A party to proceedings under the 2003 Act may apply to the Court on notice for an order directing any other party or other person to make discovery of the documents which are or have been in his possession or power, relating to any matter in question therein.

(2) On an application made under sub rule 1, the Court may, on such terms as it thinks fit, order that the party or other person from whom discovery is sought shall deliver to the opposite party a list of the documents which are or have been, in his possession, custody or power, relating to the matters in question in such proceedings, or to such matters in question as are specified in the Court's order.

(3) An order shall not be made under this rule if and so far as the Court shall be of the opinion that it is not necessary either for disposing fairly of the cause or matter or for saving costs.

(4) An application for an order under sub-rule 1 directing any party or other person to make discovery shall not be made unless (a) the applicant for same shall, not later than 7 days before making the application, have previously applied by letter in writing requesting that discovery be made voluntarily, specifying the precise categories of documents in respect of which discovery is sought and furnishing the reasons why each category of documents is required to be discovered and (b) the party or person requested has, as of the time the application is made, failed, refused or neglected to make such discovery or has ignored such request.

Provided that in any case where by reason of the urgency of the matter or the consent of the parties, the nature of the case or any other circumstances which to the Court seem appropriate, the Court may make such order as appears proper, without the necessity for such prior application in writing.

VI. Application for issue of European arrest warrant

9. (1) Subject to sub-rule 2, an application under section 33(1) of the 2003 Act by or on behalf of the Director of Public Prosecutions to the Court to issue a European arrest warrant in respect of a person shall be made ex parte grounded on an affidavit of a person duly authorised on behalf of the applicant. A European arrest warrant issued pursuant to such application shall, in so far as is practicable, be in the form set out in the Annex to the Framework Decision and shall contain the information therein set out and such information as is required by section 33(2) of the 2003 Act or, where it is not practicable for the European arrest warrant to be in such form, shall contain the information set out in section 33(3) of the 2003 Act.

(2) The Court may, in cases of urgency, hear an application under section 33(1) of the 2003 Act on oral evidence.

VII. Proceedings under the 1965 Act

10. A warrant issued by the Court under section 26(1)(b) of the 1965 Act for the arrest of the person therein named shall be in writing in the Form No. 3, Appendix AA.

11. An information sworn before the Court under section 27(1) of the 1965 Act shall be in the Form No. 4, Appendix AA.

12. A warrant issued by the Court under section 27(1) of the 1965 Act for the arrest of the person therein named shall be in writing in the Form No. 5, Appendix AA. Where a Judge issues a warrant under section 27(1) of the 1965 Act, the Registrar shall forthwith notify the Minister of the issue of the warrant.

13. A notice under section 27(5) of the 1965 Act informing the Minister of the issue of a warrant under section 27 of the 1965 Act shall be in the Form No. 6, Appendix AA.

14. A warrant issued by the Court under section 27(6) of the 1965 Act remanding a person in custody pending the production of a certificate of the Minister under section 26(1)(a) of the 1965 Act shall be in writing in the Form No. 7, Appendix AA.

15. Where a person arrested under a warrant issued under section 26 or section 27 of the 1965 Act is before the Court in accordance with that Act, and the Court makes an order pursuant to section 29(1) of the 1965 Act, the committal warrant shall be in writing in the Form No. 8, Appendix AA. Where the Court makes such order, or makes an order pursuant to section 27(6) of the 1965 Act, the Registrar shall forthwith notify the Minister of the making of same.

16. The certificate of committal required under section 29(3)(b) of the 1965 Act to to be sent to the Minister shall be in the Form No. 9, Appendix AA.

17. (1) Where a person brought before the Court pursuant to a warrant issued under section 26 or section 27 of the 1965 Act consents to being surrendered pursuant to section 31 of the 1965 Act, the consent to surrender given by a person shall be in writing in the Form No. 10, Appendix AA. Where the Court considers it appropriate, it may direct that a translation of that form in a language specified by the Court be provided to the person for signature.

(2) Where a person brought before the Court pursuant to a warrant issued under section 26 or section 27 of the 1965 Act, on foot of a request from a Convention country, consents to being surrendered pursuant to section 29A(3) of the 1965 Act, the consent to surrender given by a person shall be in writing in the Form No. 11, Appendix AA. Where such a person consents to the Minister giving his consent under section 20(1)(a)(i) of the 1965 Act, such consent may be endorsed on the form of consent as given pursuant to section 29A(3) of the 1965 Act in the Form No. 12, Appendix AA. Where the Court considers it appropriate, it may direct that a translation of Form No. 11 or Form No. 12 in a language specified by the Court be provided to the person for signature.

(3) The record in writing of a consent to surrender made by the Court in accordance with section 29A(4) of the 1965 Act shall be in the Form No. 13, Appendix AA.