Provisional arrest


Ireland - ICC Act 2006 EN

Part 3
Requests by International Criminal Court for Arrest and Surrender of Persons


(1) This section applies where the Minister receives from the International Criminal Court a request, made in accordance with Article 92, for the provisional arrest of a person.

(2) If, where this section applies, it appears to the Minister that application should be made for a warrant for the person’s provisional arrest, the Minister shall communicate the request to the Commissioner of the Garda Síochána, and the Commissioner shall cause such an application to be made to the High Court under section 22.

(1) The High Court may issue a warrant (in this Part referred to as a “provisional arrest warrant”) for the arrest of a person on the sworn information of a member of the Garda Síochána not below the rank of inspector that he or she has reason to believe—

(a) that the International Criminal Court has made a request under Article 92 for the provisional arrest of the person on grounds of urgency,
(b) that the person is in, or on the way to, the State,
(c) that the person—

(i) is accused or suspected by that Court of having committed an ICC offence or an offence under section 11(1)(a), or
(ii) has been convicted by it of such an offence, and

(d) that a request for the arrest and surrender of the person will be duly made.

(2) The Court shall cause the Minister to be informed forthwith of the issue of the warrant.

(3) Where, at any time before the execution of the warrant, it appears to the Minister that a request for the surrender of the person named in it will not be received from the International Criminal Court or that proceedings will not be instituted by it against the person, the Minister may by order cancel the warrant and shall forthwith cause the High Court to be notified accordingly.
(4) A provisional arrest warrant may be issued in respect of a person notwithstanding the previous issue or refusal of a warrant for the person’s arrest under this Part.

(1) A member of the Garda Síochána may execute a warrant issued under section 20 or 22 even if the warrant is not in the member’s possession.

(2) The member executing the warrant shall show the warrant to the arrested person and give him or her a copy of it—

(a) at the time of the arrest, or
(b) if the warrant or copy is not then in the member’s possession, within 24 hours after the arrest.

(3) For the purpose of arresting a person under the warrant the member may enter (by force, if necessary) and search any place where the person is or where the member, with reasonable cause, suspects the person to be.

(4) The arrested person shall be brought before the High Court as soon as possible and be provided, where necessary, with a competent interpreter.

(5) The Court shall order that legal aid be provided for the arrested person if it appears to it that the person’s means are insufficient to enable him or her to obtain such aid.

(6) On the making of such an order the arrested person shall be entitled to free legal aid in the proceedings and for that purpose section 3 of the Criminal Justice (Legal Aid) Act 1962 shall apply, with the necessary modifications, in relation to the person as if he or she had been granted a legal aid (trial on indictment) certificate under that section.

(1) Subject to subsection (2), where—

(a) a person arrested under a provisional arrest warrant is brought before the High Court, and
(b) a certificate under section 19 in respect of the person is not produced to it,
the Court shall remand the person in custody or, subject to section 26(2), on bail until the certificate is produced.

(2) Where a certificate under section 19 is not produced to the Court within such period from the date of the provisional arrest as is specified for the time being in the Rules of Procedure and Evidence for the receipt by a requested state of a request for surrender, the person, if in custody, shall be released.

Rome Statute

Article 92 Provisional arrest

1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.

2. The request for provisional arrest shall be made by any medium capable of delivering a written record and shall contain:

(a) Information describing the person sought, sufficient to identify the person, and information as to that person's probable location;

(b) A concise statement of the crimes for which the person's arrest is sought and of the facts which are alleged to constitute those crimes, including, where possible, the date and location of the crime;

(c) A statement of the existence of a warrant of arrest or a judgement of conviction against the person sought; and

(d) A statement that a request for surrender of the person sought will follow.

3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.

4. The fact that the person sought has been released from custody pursuant to paragraph 3 shall not prejudice the subsequent arrest and surrender of that person if the request for surrender and the documents supporting the request are delivered at a later date.