Circuit Court Rules

ORDER 70

EUROPEAN ARREST WARRANT ACT, 2003

1. In this Order —

the ‘2003 Act’ means the European Arrest Warrant Act, 2003;

‘Framework Decision’ means Council Framework Decision of the 13th June 2002 on the European arrest warrant and the surrender procedures between Member States, the text of which is set out in the Schedule to the 2003 Act.

[SI 312/07; SI 57/05]

2. (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 or in such manner as the court may determine.

[SI 312/07; SI 57/05]

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