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EAW

  • 21-01-2014 4:10am
    #1
    intospace
    Registered Users, Registered Users 2 Posts: 20 ✭


    Hi

    i'm looking for clarification in interpreting s. 33(1)(b) European Arrest Warrant Act 2003, as amended by section 19(a) European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 -


    “33.— (1) A court may, upon an application made by or on behalf of the Director of Public Prosecutions, issue a European arrest warrant in respect of a person where it is satisfied that—

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

    (b) a term of imprisonment or detention 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 or detention, or, as the case may be, the person would, if convicted of the offence concerned, be liable to a term of imprisonment or detention of 12 months or more than 12 months.”


    Under subsection (b), must the offence for which the EAW is sought, in any case, carry a term of imprisonment of at least 12 months, even if a sentence of 4 months has already been imposed for a lesser offence?

    in other words, if a person has already been sentenced to 4 months for driving without insurance, for example, where the maximum penalty is only 6 months, can the EAW issue ?

    Thanks.


Comments

  • #2
    234
    Registered Users, Registered Users 2 Posts: 1,529 ✭✭✭234


    intospace wrote: »
    Hi

    “33.— (1) A court may, upon an application made by or on behalf of the Director of Public Prosecutions, issue a European arrest warrant in respect of a person where it is satisfied that—

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

    (b) a term of imprisonment or detention 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 or detention, or, as the case may be, the person would, if convicted of the offence concerned, be liable to a term of imprisonment or detention of 12 months or more than 12 months."

    You have already answered your question with the "or" which you highlighted. You need to establish both s.33(1)(a) and either element of s.33(1)(b), not both.


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