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Frequently Asked Question
What is a European Arrest Warrant?
The European Arrest Warrant Act 2003, as amended implements a framework decision which was agreed by all EU member states under the European Arrest Warrant Framework decision. The Act allows for the transfer of an EU citizen from one EU country to another for the purpose of prosecution or punishment for an offence of which they have been convicted.
How are European Arrest Warrants processed?
The Department of Justice is responsible for processing all warrants received from other EU countries. The High Court is in turn responsible for the execution of European Arrest Warrants received by Ireland. If a European Arrest Warrant has issued against you, you should seek legal advice immediately.
A European Arrest Warrant has issued against me, what happens next?
If a European Arrest Warrant has been issued against you, you will be arrested by a member of An Garda Síochána; who, in turn, must bring you before the High Court for the execution of this warrant.
The matter will not be finalised on this date and it will be adjourned to allow you to meet with your legal team and to receive advices from them.
You have two main options, you can either voluntarily surrender. This means you will be returned to the EU state that has issued the warrant to face the charge/conviction that is the subject of the warrant; or you can challenge the warrant. If you decided to challenge the warrant, you and your legal team will be allocated a hearing date. On the hearing date, your legal team will have the opportunity to make legal submissions on your behalf. If your legal team successfully challenges the warrant, it will be withdrawn and you will not be returned to the country issuing the warrant.
What if I cannot afford a legal representative?
You have a number of rights under this process. Most importantly you are entitled to legal representation throughout the process and for an interpreter to be present throughout, if required. This means that if you cannot afford to pay for a solicitor or an interpreter, you will be entitled to free legal assistance under the Attorney General Scheme. For more information please speak with one of our solicitors.
What type of legal service does our firm offer?
Our firm has extensive experience in dealing with European Arrest Warrants before the Courts and all our solicitors and trainee solicitors have the expertise and training in this area of law to ensure the optimum result for you.
D’Arcy Horan & Co. has extensive experience in extradition and human rights related matters. In particular, D’Arcy Horan & Co. was involved in MJE v. Artur Zielinski High Court Decision, which set out new principles concerning bail applications for persons who are the subject of a European Arrest Warrant.
We acknowledge that this area of law is constantly developing and as such D’Arcy Horan & Co. Solicitors endeavour to ensure that all our staff are provided with necessary training so as to ensure that they have the appropriate knowledge to provide you with the highest level of legal advice.
Moreover, our extensive experience has provided us with a keen insight to the difficulties faced by foreign nationals who are the subject of these warrants and we have tailored our service with a view to ensuring that our clients are fully informed and engaged in the process.
In this regard, we provide the following services:
- Accessible 24 hours a day to deal with any queries and/or difficulties you are facing throughout the process
- Consultations on request
- Facilitating correspondence with your lawyer in your home country
- Working with your lawyer in your home country to ensure bail
- Organising expert evidence in circumstances where required
- Ensuring interpreters are present at all consultations
Should you require further information please do not hesitate to contact us.