MINISTER FOR JUSTICE Alan Shatter has released Ireland’s latest annual report on European arrest warrants, which provided details on the number of warrants issued, received and executed here last year.
But how are the warrants issued, and what happens when Irish authorities receive one?
Warrants received
The Irish legislation concerning the warrants is the European Arrest Warrant Act 2003, which came into operation on 1 January 2004.
When the authorities in Ireland have received and verified a European arrest warrant, the Central Authority (which is administered through the Department of Justice’s mutual assistance and extradition division) forwards the warrant on to the Office of the Chief State Solicitor.
The Chief State Solicitor makes an application to the High Court to have the warrant endorsed for execution.
If the High Court is satisfied that the warrant is in order, it may endorse the warrant for execution. Once the warrant has been endorsed, it is sent to the gardaí for its execution.
The subject of the warrant must be brought before the High Court as soon as possible after the arrest has been made. The court will then decide to remand that person in custody or release them on bail and a hearing is set for the surrender proceedings. These have to begin within 21 days of the person’s arrest.
If the subject of the warrant refuses to surrender, the High Court may order their surrender in compliance with the European Arrest Warrant Act 2003. The High Court has 60 days (which can be extended up to 90 days) from the date of the arrest to decide on ordering a surrender.
If it decides not to make an order for surrender – or hasn’t made one by the end of that period – the court directs the Central Authority to inform the issuing authority of the reasons.
According to the Department of Justice report, Ireland’s Central Authority made a total of 303 such notifications last year.
An appeal can be lodged against an order to surrender if the High Court certifies that the order involves a point of law of exceptional public importance and that it is in the public interest that an appeal should be brought to the Supreme Court.
In total, Ireland has executed 601 surrender orders since the European Arrest Warrant Act came into effect on 1 January 2004.
Issuing warrants
In Ireland, a European arrest warrant can be issued by a court upon application by the DPP. However, the subject of that warrant must already be the subject of an arrest warrant issued by an Irish court. The court also has to be satisfied that the person can be found in the EU.
If the European arrest warrant is issued, the DPP then forwards it to the Central Authority who sends it to the relevant authorities in the relevant EU member states.
In total, 184 persons have been surrendered to the Irish state since 2004.
Ireland issued 71 European arrest warrants last year; 46 of these were still ongoing at the end of the year. A further 39 which were issued between 2004 and 2010 were still ongoing at the end of 2011.
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