Call now! 24-hour Emergency Line: 083 080 6056 (LEGAL AID AVAILABLE)

I'm wanted under a European Arrest Warrant, do I need a solicitor?

Yes. When someone is arrested in respect of a European Arrest Warrant, for the purposes of extradition, it is important that they do concede any of their rights.

The only way to ensure someone's human rights are respected in a Garda interview, is to instruct an experienced solicitor before giving Gardai a statement, or answering any of their questions. Gardai will question you before you appear before the Courts.

It is important that you say nothing to Gardai when they are questioning you, until you have had the opportunity to take legal advice. You should be entitled to legal aid in respect of the Garda interview, and for the duration of the extradition process.

If you have been arrested on a European Arrest Warrant; then you need to call us immediately for advice on: 083 080 6056.

There is nothing to be gained by delaying the instructing of a solicitor. Your best chance of success is to instruct a solicitor early-on in your case.

European Arrest Warrant solicitor: Phelim O'Neill

​​What is a European Arrest Warrant?

The European Arrest Warrant Act 2003, as amended, implements a framework which was agreed by all EU member states under the European Arrest Warrant Framework decision. Under this Act, an EU citizen can be transferred from one EU country to another for the purpose of prosecution or punishment for an offence of which they have already been convicted. In simple terms, it allows an EU state to request another EU member state to request that the subject of an EWA be arrested and sent back to the country issuing the warrant, either for them to stand trial or for them to serve a sentence.

​​How do European Arrest Warrants work?

The Department of Justice is responsible for processing all arrest warrants  (EWAs) received from other EU countries. The High Court is in turn responsible for the execution of European Arrest Warrants received by the Irish authorities. If a European Arrest Warrant has issued against you, you should call us immediately for legal advice on: 083 080 6056, as the Gardai will be seeking your arrest and once they have ascertained your whereabouts, they will take you into custody, firstly for questioning in a Garda station before you are conveyed to the High Court.

​​A European Arrest Warrant has issued against me, what happens now?

If a European Arrest Warrant has been issued against you, you will be arrested by a member of An Garda Síochána; who then must bring you before the High Court for the execution of the arrest warrant.

The matter will not be finalised on the initial day,before the High Court. The matter  will be adjourned to allow you to get legal representation in place (a solicitor and barristers) and for you to receive legal advice from them, in respect of your options.

There are two main options when it comes to dealing with European Arrest Warrants and extradition requests in general. 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 before the High Court to make your case.

When your case comes before the High Court, 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 an extradition solicitor?

As part of the EWA and extradition process, you have a number of rights, on of the most important of these rights is that you are entitled to have legal representation throughout the process. You are also entitles to have an interpreter present, at all times, if required. So, if you cannot afford to pay for a solicitor or an interpreter, you will be entitled to free legal aid. For more information about your entitlement to legal aid, please speak with one of our solicitors by calling us on 083 080 6056.
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