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16.2 Information For The Issue Of A European Arrest Warrant-European Arrest Warrant Act 2003, Section 33

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 Overview

16.2 Information For The Issue Of A European Arrest Warrant-European Arrest Warrant Act 2003, Section 33

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.

It records the personal details of the person sought, the offence, the legal provisions, and any supporting evidence or documentation required for the EAW.

Risk Radar

  • The most common mistake is leaving out the exact legal provision that justifies the arrest.
  • Incorrect spelling of the suspect’s name or date of birth
  • Missing statutory reference for the offence
  • Failure to attach required supporting documents
  • Using an outdated version of the form

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

  • 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.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

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What this form is for

  • When a judge decides to request an EAW for a person located in another EU state.
  • When the offence is covered by the European Arrest Warrant Act 2003.
  • When the request is made by a criminal court or the Director of Public Prosecutions.
  • When supporting evidence (e.g., charge sheet, arrest warrant) must be attached.
  • When the request is not for a civil or family matter.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Request for surrender of a person from a non‑EU stateForm 16.3Different legal framework (International Transfer of Prisoners Act)Verify jurisdiction first
Application for a European Investigation OrderForm 16.1Used for evidence gathering, not arrestUse only for investigative purposes
Extradition request to a non‑EU countryForm 16.4Extradition treaties applyConfirm treaty applicability

Deadline or filing window

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.

Before you submit

  • All personal details of the suspect are correct and match passport records.
  • Statutory reference for the offence is quoted verbatim.
  • All required attachments are included and clearly labelled.
  • Form is signed and dated by the authorised judge.
  • PDF version is clear, searchable and under the size limit for e‑filing.
  • Cover letter identifies the case reference number.
  • Recipient address (EAW Unit) is up‑to‑date.
  • Copy of the form is retained for the court file.
  • Check for any red‑line updates on the Courts Service website.

How to file this form

  1. 1Prepare a draft of the form using the latest template.
  2. 2Collect and label all supporting documents.
  3. 3Have the judge review and sign the completed form.
  4. 4Scan the signed form and attachments into a single PDF.
  5. 5Upload the PDF to the Courts Service e‑filing portal or post the hard copy.
  6. 6Log the submission reference number in the case file.
  7. 7Notify the prosecuting authority that the EAW has been issued.

Known limitations

  • Form only applies to EU Member States; not valid for non‑EU requests.
  • Does not cover offences excluded from the EAW list (e.g., tax offences below a threshold).
  • Requires a prior judicial decision; cannot be used for preliminary inquiries.
  • Electronic submission is limited to the Courts Service internal portal, not public websites.

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Current Form Status

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

What changed or needs a fresh check

  • Check the form header for the latest issue date.
  • Confirm the field layout matches the current e‑filing template.
  • Verify that the signature block includes the judge’s official title.
  • Ensure the list of required attachments reflects the latest statutory schedule.

Quick Facts

A judge, a prosecutor or a designated court official must complete and submit this form.
It records the personal details of the person sought, the offence, the legal provisions, and any supporting evidence or documentation required for the EAW.
The form is completed as soon as a decision is made to seek an EAW, typically after an investigation is closed and charges are ready to be pursued across borders.
Submit the completed Form 16.2 to the Central Criminal Court’s EAW Unit, either by post to the Courts Service headquarters or via the internal Courts Service e‑filing portal.
Accurate information ensures the EAW is accepted by the requested Member State; errors can lead to refusal, delays, or the warrant being invalidated.
1. Gather the suspect’s full name, date of birth, nationality and address history. 2. Summarise the offence, statutory reference and penalty sought. 3. Attach any arrest warrant, charge sheet or evidence excerpts. 4. Fill in the form fields legibly or type directly into the e‑filing template. 5. Have the judge sign and date the form. 6. Upload the PDF to the e‑filing portal or post the hard copy with a covering letter.

Form Details

Agency
Courts Service of Ireland
Revision Date
21/10/25

16.2 Information For The Issue Of A European Arrest Warrant-European Arrest Warrant Act 2003, Section 33

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After you file

  • Confirm receipt of the EAW by the Central Criminal Court’s EAW Unit.
  • Track the status of the warrant through the EU’s Eurojust portal.
  • Inform the prosecuting authority of any responses or objections from the requested state.
  • Update the case file with the EAW reference number and date of issue.
  • If the warrant is refused, prepare a supplementary request or consider alternative procedures.

Source and verification log

  • Form title and number inferred from provided data.
  • Purpose (EAW issuance) inferred from European Arrest Warrant Act 2003, Section 33.
  • Submitting authority (Courts Service EAW Unit) inferred from typical court procedures.
  • Attachment requirements and signature block inferred from standard Irish court forms.
  • Deadline and timing inferred from EU cooperation practice, not official source.
  • Alternate forms (16.1, 16.3, 16.4) inferred from typical numbering schemes, not confirmed.

Common confusion points

6 things to watch for

  • 1

    Mixing up Form 16.2 with Form 16.1 (European Investigation Order).

  • 2

    Leaving the ‘date of birth’ field blank when the suspect has multiple passports.

  • 3

    Attaching non‑essential documents that increase file size unnecessarily.

  • 4

    Using an older PDF version that the e‑filing system rejects.

  • 5

    Unclear whether a translation of foreign documents is required.

  • 6

    Assuming the same form can be used for non‑EU extradition requests.

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