Form 16.2 gathers the information required to issue a European Arrest Warrant (EAW) under the European Arrest Warrant Act 2003, Section 33. It is used by the Courts Service when a judge or prosecutor seeks to have an EAW issued for a person located in another EU Member State.
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Form 16.2 gathers the information required to issue a European Arrest Warrant (EAW) under the European Arrest Warrant Act 2003, Section 33. It is used by the Courts Service when a judge or prosecutor seeks to have an EAW issued for a person located in another EU Member State.
Plain English
This is the paperwork the Irish courts fill out when they want to ask another EU country to arrest and hand over someone. It lists the suspect, the alleged offence and the legal basis for the request. The form must be accurate before the warrant can be sent abroad.
Submission Date
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Request for surrender of a person from a non‑EU state | Form 16.3 | Different legal framework (International Transfer of Prisoners Act) | Verify jurisdiction first |
| Application for a European Investigation Order | Form 16.1 | Used for evidence gathering, not arrest | Use only for investigative purposes |
| Extradition request to a non‑EU country | Form 16.4 | Extradition treaties apply | Confirm treaty applicability |
The EAW must be issued within a reasonable time after the decision to request it; there is no fixed statutory deadline, but delays may jeopardise the warrant’s validity under EU cooperation rules.
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Form 16.2 is currently the approved version for EAW requests under Section 33. No major revisions have been announced in the last 12 months.
Agency: Courts Service of Ireland
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16.2 Information For The Issue Of A European Arrest Warrant-European Arrest Warrant Act 2003, Section 33
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6 things to watch for
Mixing up Form 16.2 with Form 16.1 (European Investigation Order).
Leaving the ‘date of birth’ field blank when the suspect has multiple passports.
Attaching non‑essential documents that increase file size unnecessarily.
Using an older PDF version that the e‑filing system rejects.
Unclear whether a translation of foreign documents is required.
Assuming the same form can be used for non‑EU extradition requests.
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