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European Arrest Warrant Act 2003

Type Act
Publication 2003-12-28
Last updated 2026-07-23
State Partially repealed
Text Latest available text
Source Irish Statute Book
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articles 64

This is the most recent text the official source publishes. It is not a snapshot of the law as it stood on the date of each change.

23 amending acts · 2026-07-23, CRIMINAL LAW, CIVIL LAW AND DEFENCE (MISCELLANEOUS PROVISIONS) ACT 2026

Act to give effect to Council framework decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States; To amend the Extradition Act 1965 and certain other enactments; and to provide for matters connected therewith

Reform history JSON API

AN ACT TO GIVE EFFECT TO COUNCIL FRAMEWORK DECISION OF 13 JUNE 20021 ON THE EUROPEAN ARREST WARRANT AND THE SURRENDER PROCEDURES BETWEEN MEMBER STATES; TO AMEND THE EXTRADITION ACT 1965 AND CERTAIN OTHER ENACTMENTS; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH. [28th December, 2003]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART 1 Preliminary and General

1. Short title and commencement.

1.—(1) This Act may be cited as the European Arrest Warrant Act 2003.

  • (2) This Act comes into operation on 1 January 2004.

2. Interpretation.

2.—(1) In this Act, except where the context otherwise requires—

“Act of 1965” means the Extradition Act 1965;

“Act of 2001” means the Extradition (European Union Conventions) Act 2001;

F1["alert" means an alert entered in the SIS for the arrest and surrender, on foot of a European arrest warrant, of the person named therein;]

“Central Authority in the State” shall be read in accordance with section 6;

F2[…]

F3["Council Framework Decision 2009/299/JHA" means Council Framework Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial,]

F4["EU-Iceland Norway Agreement" means the Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway, done at Vienna on 28 June 20062, approved on behalf of the European Union by Council Decision of 27 November 20143;]

F5["Eurojust" means the European Union Agency for Criminal Justice Cooperation established by Article 1 of Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 20181 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA, which replaced and succeeded Eurojust as established by the said Council Decision 2002/187/JHA2;]

“European arrest warrant” means a warrant, order or decision of a judicial authority of a F6[relevant Member State], issued under such laws as give effect to the Framework Decision in that F6[relevant Member State], for the arrest and surrender by the State to that F6[relevant Member State] of a person in respect of an offence committed or alleged to have been committed by him or her under the law of that F6[relevant Member State];

“European Communities” has the same meaning as it has in the European Communities Act 1972;

F7[…]

F8["flag" means the addition to an alert by the SIRENE Bureau of a Member State, the Republic of Iceland or the Kingdom of Norway, pertaining to a European arrest warrant, to the effect that an action to be taken on the basis of the alert in accordance with Article 24 or 25 of the SIS Regulation will not be taken in the State;]

“Framework Decision” means Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between F6[relevant Member States], the text of which—

  • (a) in the Irish language, is set out in Part A of the Schedule, and
  • (b) in the English language, is set out in Part B of the Schedule;

“functions” includes powers and duties, and references to the performance of functions include, as respects powers and duties, references to the exercise of the powers and the carrying out of the duties;

F6["issuing judicial authority" means, in relation to a relevant arrest warrant, the judicial authority in the issuing state that issued the relevant arrest warrant concerned;]

F6["issuing state" means —

  • (a) in relation to a European arrest warrant, a relevant Member State designated under section 3, a judicial authority of which has issued that European arrest warrant,
  • (b) in relation to a Trade and Cooperation Agreement arrest warrant, the United Kingdom of Great Britain and Northern Ireland, a judicial authority of which has issued that warrant, and
  • (c) in relation to an arrest warrant within the meaning of the EU-Iceland Norway Agreement, the Republic of Iceland or the Kingdom of Norway, a judicial authority of which has issued that warrant;]

“judicial authority” means the judge, magistrate or other person authorised under the law of the Member State concerned to perform functions the same as or similar to those performed under section 33 by a court in the State;

F6["Member State" means a relevant Member State of the European Communities (other than the State) and the United Kingdom of Great Britain and Northern Ireland, the Republic of Iceland and the Kingdom of Norway;]

“Minister” means the Minister for Justice, Equality and Law Reform;

F4["relevant agreement" means

  • (a) in relation to a European arrest warrant, the Framework Decision,
  • (b) in relation to a Trade and Cooperation Agreement arrest warrant, the Trade and Cooperation Agreement, and
  • (c) in relation to an arrest warrant within the meaning of the EU-Iceland Norway Agreement, the EU-Iceland Norway Agreement;]

F4["relevant arrest warrant" means—

  • (a) a European arrest warrant,
  • (b) a Trade and Cooperation Agreement arrest warrant, or
  • (c) an arrest warrant within the meaning of the EU-Iceland Norway Agreement;

"relevant Member State" means a Member State, other than, subject to subsection (3), the United Kingdom of Great Britain and Northern Ireland, the Republic of Iceland and the Kingdom of Norway;]

F8["remand centre" has the same meaning as it has in section 3 of the Children Act 2001;]

F1["Schengen Convention" means the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders done at Schengen on 19 June 1990 and includes any amendment to or modification of that Convention whether before or after the passing of this Act but does not include the F9[SIS Regulation];

F8["SIRENE Bureau", in relation to a Member State, the Republic of Iceland or the Kingdom of Norway, means the authority designated by the Member State, the Republic of Iceland or the Kingdom of Norway, as the case may be, in accordance with Article 7 of the SIS Regulation to perform the functions referred to in that Article;]

"SIS" means the system referred to in Title IV of the Schengen Convention or, as appropriate, the system established under Chapter 1 of the F9[SIS Regulation];]

F8["SIS Regulation" means Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 20183 on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU, as amended by Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 20194, Regulation (EU) 2021/1133 of the European Parliament and of the Council of 7 July 20215, Regulation (EU) 2021/1150 of the European Parliament and of the Council of 7 July 20216 and Regulation (EU) 2022/1190 of the European Parliament and of the Council of 6 July 20227;]

“third country” means a country other than the State or a Member State;

F4["Trade and Cooperation Agreement" means the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, done at Brussels and London on 30 December 20201;

"Trade and Cooperation Agreement arrest warrant" means an arrest warrant within the meaning of Title VII of Part Three of the Trade and Cooperation Agreement;]

“true copy” shall be read in accordance with section 12(7).

  • (2) In this Act—
  • (a) a reference to a section, Part or Schedule is a reference to a section or Part of, or a Schedule to, this Act, unless it is indicated that a reference to some other enactment is intended,
  • (b) a reference to a subsection, paragraph or subparagraph is a reference to a subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended, and
  • (c) a reference to any enactment is a reference to that enactment as amended, extended or adapted, whether before or after the passing of this Act, by or under any subsequent enactment.
  • F10[(3)
  • (a) In this Act, a reference to a European arrest warrant shall be construed as including a reference to a European arrest warrant that satisfies the following conditions:
  • (i) that the European arrest warrant has been issued by a judicial authority in the United Kingdom of Great Britain and Northern Ireland before 11.00 p.m. on the 31st day of December 2020, and
  • (ii) that the person in respect of whom the European arrest warrant is issued has been arrested for the purposes of the execution of the European arrest warrant before 11.00 p.m. on the 31st day of December 2020.
  • (b) Where paragraph (a) applies, a reference in this Act to a "relevant Member State" shall be construed as a reference to the United Kingdom of Great Britain and Northern Ireland.]

3. Designated States.

3.—(1) For the purposes of this Act, the Minister for Foreign Affairs may, by order, designate a F11[relevant Member State] that has, under its national law, given effect to the Framework Decision.

  • (2) The Minister for Foreign Affairs may, by order, amend or revoke an order under this section, including an order under this subsection.

4. Application of Act.

4.—(1) F12[This] Act shall apply in relation to an offence, whether committed or alleged to have been committed before or after the commencement of this Act.

  • (2) F13[…]
  • (3) F13[…]

4A. F14[Issuing state presumed to comply with Framework Decision.

4A.—It shall be presumed that an issuing state will comply with the requirements of F15[the relevant agreement], unless the contrary is shown.]

5. Corresponding offences.

F16[5.—For the purposes of this Act, an offence specified in a F17[relevant arrest warrant] corresponds to an offence under the law of the State, where the act or omission that constitutes the offence so specified would, if committed in the State on the date on which the F17[relevant arrest warrant] is issued, constitute an offence under the law of the State.]

6. Central Authority in the State.

6.—(1) The Minister shall be the Central Authority in the State for the purposes of this Act.

  • (2) The Minister may, by order, designate such persons as he or she considers appropriate to perform such functions of the Central Authority in the State as are specified in the order and different persons may be so designated to perform different functions of the Central Authority in the State.
  • (3) For so long as an order under subsection (2) remains in force, a reference in this Act to the Central Authority in the State shall, insofar as it relates to the performance of a function specified in the order, be construed as a reference to the person designated by the order to perform the function concerned.
  • (4) The Minister shall, by notice in writing, inform the General Secretariat of the Council of the European Union of the making of an order under this section and of the names of the persons designated under the order.
  • (5) The Minister may, by order, amend or revoke an order under this section (including an order under this subsection).
  • (6) The Central Authority in the State shall, in each year, prepare a report on the operation, in the preceding year, of Part 2, and shall cause copies of each such report to be laid before both Houses of the Oireachtas as soon as may be after it is so prepared.

7. Orders and regulations.

7.—Every order and regulation under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House sits after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to anything previously done thereunder.

8. Expenses.

8.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART 2 European Arrest Warrant

Chapter 1 European Arrest Warrant Received in State

9. Executing judicial authority in the State.

9.—For the purposes of F18[the relevant agreement], the High Court shall be the executing judicial authority in the State.

10. Obligation to surrender.

F19[10.—Where a judicial authority in an issuing state F20[…] issues a F21[relevant arrest warrant] in respect of a person—

  • (a) F22[whom] that state intends to F22[prosecute] for an offence to which the F21[relevant arrest warrant] relates,
  • (b) who is the subject of F22[a prosecution] in that state for an offence to which the F21[relevant arrest warrant] relates,
  • (c) who has been convicted of, but not yet sentenced in respect of, an offence F23[in that state] to which the F21[relevant arrest warrant] relates, or
  • (d) on whom a sentence of imprisonment or detention has been imposed F24[…] in respect of an offence to which the F21[relevant arrest warrant] relates, F20[…]
  • (i) F20[…]
  • (ii) F20[…]

that person shall, F25[subject to and in accordance with the provisions of this Act, be arrested] and surrendered to the issuing state.]

11. European arrest warrant.

11.—F27[(1) A relevant arrest warrant shall, in so far as is practicable - (a) in the case of a European arrest warrant, be in the form set out in the Annex to the Framework Decision as amended by Council Framework Decision 2009/299/JHA, (b) in the case of a Trade and Cooperation Agreement arrest warrant, be in the form set out in Annex Law-5 to the Trade and Cooperation Agreement, and (c) in the case of an arrest warrant within the meaning of the EU-Iceland Norway Agreement, be in the form set out in the Annex to the EU-Iceland Norway Agreement.]

  • F28[(1A) Subject to subsection (2A), a F27[relevant arrest warrant] shall specify—
  • (a) the name and the nationality of the person in respect of whom it is issued,
  • (b) the name of the judicial authority that issued the F27[relevant arrest warrant], and the address of its principal office,
  • (c) the telephone number, fax number and email address (if any) of that judicial authority,
  • (d) the offence to which the F27[relevant arrest warrant] relates, including the nature and classification under the law of the issuing state of the offence concerned,
  • (e) that a conviction, sentence or detention order is immediately enforceable against the person, or that a warrant for his or her arrest, or other order of a judicial authority in the issuing state having the same effect, has been issued in respect of F29[one of the offences to which the F27[relevant arrest warrant] relates,]
  • (f) the circumstances in which the offence was committed or is alleged to have been committed, including the time and place of its commission or alleged commission, and the degree of involvement or alleged degree of involvement of the person in the commission of the offence, and
  • (g) (i) the penalties to which that person would, if convicted of the offence specified in the F27[relevant arrest warrant], be liable,
  • (ii) where that person has been convicted of the offence specified in the F27[relevant arrest warrant] but has not yet been sentenced, the penalties to which he or she is liable in respect of the offence, or
  • (iii) where that person has been convicted of the offence specified in the F27[relevant arrest warrant] and a sentence has been imposed in respect thereof, the penalties of which that sentence consists.]
  • (2) Where it is not practicable for the F27[relevant arrest warrant] to be in the form referred to in subsection (1), it shall include such information, additional to the information specified in subsection F29[(1A)], as would be required to be provided were it in that form.
  • F29[(2A) If any of the information to which subsection (1A) (inserted by section 72(a) of the Criminal Justice (Terrorist Offences) Act 2005) refers is not specified in the F27[relevant arrest warrant], it may be specified in a separate document.]
  • (3) F30[…]
  • (4) For the avoidance of doubt, a F27[relevant arrest warrant] may be issued in respect of one or more than one offence.

12. Transmission of European arrest warrant.

12.—(1) A F31[relevant arrest warrant] shall be transmitted by, or on behalf of, the issuing judicial authority to the Central Authority in the State and, where the F31[relevant arrest warrant] is in a language other than the Irish language, the English language or such other language as the Minister may by order prescribe, a translation of the F31[relevant arrest warrant] into the Irish language or the English language shall be so transmitted with the F31[relevant arrest warrant].

  • (2) Such undertakings as are required to be given under this Act shall be transmitted by, or on behalf of, the F32[issuing judicial authority or the issuing state, as may be appropriate,] to the Central Authority in the State, and where any such undertaking is in a language other than the Irish language, the English language or such other languages as the Minister may by order prescribe, a translation of that undertaking into the Irish language or the English language shall be so transmitted with the undertaking.
  • (3) A F31[relevant arrest warrant], or an undertaking required to be given under this Act F33[or any other document to be transmitted for the purposes of this Act], may be transmitted to the Central Authority in the State by—
  • (a) delivering it to the Central Authority in the State, or
  • F34[(b) any means capable of producing a written record under conditions allowing the Central Authority in the State to establish its authenticity.]
  • F35[(3A) An undertaking required under this Act may be set out in the F31[relevant arrest warrant] or in a separate document.]
  • F36[(3B) The written record of a document that is transmitted in accordance with subsection (3)(b) shall be deemed to be the document that was transmitted and, in the case of the further transmission of the document electronically by or on behalf of the Central Authority in the State to the High Court, the written record of the document that is further transmitted shall be deemed to be the document that was transmitted to the Central Authority.]
  • (4) F37[…]
  • (5) F37[…]
  • (6) F37[…]
  • F34[(7) For the purposes of this Act, a document shall be deemed to be a true copy of an original document if it has been certified as a true copy of the original document by—
  • (a) the issuing judicial authority, or
  • (b) an officer of the central authority of the issuing state.]
  • (8) In proceedings to which this Act applies, a document that purports to be—
  • (a) a F31[relevant arrest warrant] issued by a judicial authority in the issuing state,
  • (b) an undertaking required under this Act of F38[an issuing judicial authority or the issuing state, as may be appropriate,]
  • F39[(c) a document referred to in section 11(2A) (inserted by section 72(b) of the Criminal Justice (Terrorist Offences) Act 2005),]
  • (c) a translation of a F31[relevant arrest warrant] or undertaking under this Act, or
  • (d) a true copy of such a document,

shall be received in evidence without further proof.

  • (9) In proceedings to which this Act applies, a document that purports to be a F40[…] true copy of a F31[relevant arrest warrant], undertaking or translation referred to in subsection (8) shall, unless the contrary is shown, be evidence of the F31[relevant arrest warrant], undertaking or translation concerned, as the case may be.
  • (10) The Minister may, for the purposes of ensuring the accuracy of documents transmitted in accordance with this section, make regulations prescribing—
  • (a) the procedures that shall be followed in connection with the transmission of documents in accordance with this section, and
  • (b) that such features as are specified in the regulations shall be present in any equipment being used in that connection.
  • F41[(11) In this section "F31[relevant arrest warrant]" includes a document referred to in section 11(2A) (inserted by section 72(b) of the Criminal Justice (Terrorist Offences) Act 2005).]

13. Application to High Court for endorsement to execute European arrest warrant.

13.—(1) The Central Authority in the State shall, as soon as may be after it receives a F42[relevant arrest warrant] transmitted to it in accordance with section 12, apply, or cause an application to be made, to the High Court for the endorsement by it of the F42[relevant arrest warrant], or a F43[…] true copy thereof, for execution of the F42[relevant arrest warrant] concerned.

  • F45[(2) Upon an application under subsection (1), the High Court shall, in relation to a relevant arrest warrant, decide as soon as may be whether there has been compliance with the provisions of this Act, and, if so satisfied, shall, in accordance with the provisions of this Act, endorse the relevant arrest warrant for execution.]
  • (3) A F42[relevant arrest warrant] may, upon there being compliance with subsection (2), be executed by any member of the Garda Síochána in any part of the State and may be so executed notwithstanding that it is not in the possession of the member when he or she executes the F42[relevant arrest warrant], and the warrant, F46[…] the true copy of the warrant, as the case may be, endorsed in accordance with subsection (2), shall be shown to and a copy thereof given to, the person arrested at the time of his or her arrest or, if the warrant F46[…] or true copy, as the case may be, is not then in the possession of the member, not later than 24 hours after the person’s arrest.
  • (4) A person arrested under a F42[relevant arrest warrant] shall, upon his or her arrest, be informed of his or her right to—
  • (a) consent to his or her being surrendered to the issuing state under section 15,
  • (b) obtain, or be provided with, professional legal advice and F47[representation,]
  • (c) where appropriate, obtain, or be provided with, the services of F47[an interpreter, and]
  • F48[(d) in the case of a Trade and Cooperation Agreement arrest warrant, and without prejudice to paragraph (b), obtain, or be provided with, professional legal advice in the issuing state for the purposes of assisting his or her legal representatives in the State in respect of the proceedings under this Act.]
  • (5) A person arrested under a F42[relevant arrest warrant] shall, as soon as may be after his or her arrest, be brought before the High Court, and the High Court shall, if satisfied that that person is the person in respect of whom the F42[relevant arrest warrant] was issued—
  • (a) remand the person in custody or on bail (and, for that purpose, the High Court shall have the same powers in relation to remand as it would have if the person were brought before it charged with an indictable offence),
  • (b) fix a date for the purpose of section 16 (being a date that falls not later than 21 days after the date of the person's arrest), and
  • (c) inform the person that he or she has the right to—
  • (i) consent to his or her surrender to the issuing state under section 15,
  • (ii) obtain, or be provided with, professional legal advice and F47[representation,]
  • (iii) where appropriate, obtain, or be provided with, the services of F47[an interpreter, and]
  • F48[(iv) in the case of a Trade and Cooperation Agreement arrest warrant, and without prejudice to subparagraph (ii), obtain, or be provided with, professional legal advice in the issuing state for the purposes of assisting his or her legal representatives in the State in respect of the proceedings under this Act.]

14. F49[Arrest without warrant for surrender purposes.

14.— (1) A member of the Garda Síochána may arrest any person without a warrant that the member believes, on reasonable grounds, to be a person named in an alert.

  • (2) A person arrested under this section shall, upon his or her arrest, be informed, in ordinary language, of the reason for the arrest and of his or her right to—
  • (a) obtain or be provided with professional legal advice and representation, and
  • (b) where appropriate, obtain or be provided with the services of an interpreter.
  • (3) A person arrested under this section shall, as soon as may be after his or her arrest—
  • (a) be furnished with a copy of the alert, and
  • (b) be brought before the High Court, which court shall, if satisfied that he or she is the person named in the alert—
  • (i) inform the person of his or her right to—
  • (I) obtain or be provided with professional legal advice and representation, and
  • (II) where appropriate, obtain or be provided with the services of an interpreter,

and

  • (ii) remand the person in custody or, at its discretion, on bail for a period not exceeding 14 days (and for that purpose the High Court shall have the same powers in relation to remand as it would have if the person were brought before it charged with an indictable offence) for production to the High Court of the European arrest warrant on foot of which the alert was entered.
  • (4) Where, in respect of a person remanded in custody or on bail under subsection (3), a European arrest warrant is transmitted to the Central Authority in the State pursuant to section 12—
  • (a) that person shall be brought before the High Court as soon as may be,
  • (b) the European arrest warrant shall be produced to the High Court,
  • (c) a copy shall be given to that person, and
  • (d) the High Court, if satisfied that the provisions of this Act have been complied with and that the person before it is the person in respect of whom the European arrest warrant was issued, shall—
  • (i) inform the person of his or her right to consent to being surrendered to the issuing state under section 15, and
  • (ii) if the person does not exercise his or her right to consent under paragraph (i)—
  • (I) remand the person in custody or on bail (and for that purpose the High Court shall have the same powers in relation to remand as it would have if the person were brought before it charged with an indictable offence), and
  • (II) fix a date for the purposes of section 16 within the period of 21 days next following.
  • (5) Where, in respect of a person remanded in custody or on bail under subsection (3), the European arrest warrant is not produced on the date fixed by the Court for the purpose under that subsection the person F50[shall be released from custody or the terms of his or her bail].]
  • F51[(6) The release of a person under subsection (5) shall not prevent his or her re-arrest and surrender if a European arrest warrant for his or her surrender is received by the Central Authority and subsequently endorsed by the High Court for execution.
  • (7) Where the arrest and surrender of a person named in an alert is sought, the High Court shall direct the Commissioner of the Garda Síochána to request the SIRENE Bureau concerned to add a flag to the alert where—
  • (a) the person has been remanded on bail,
  • (b) the High Court has refused to surrender the person in accordance with section 16, or
  • (c) the person has been released from custody or the terms of his or her bail in accordance with subsection (5).]

14A. F52[Facilitation of hearing by judicial authority of issuing state

14A.—(1) Without prejudice to Part 4 of the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020, this section applies where—

  • (a) a relevant arrest warrant has been issued by a judicial authority in an issuing state, and
  • (b) a decision regarding whether to make an order directing that a person be surrendered has not been taken.
  • (2) Where this section applies, the High Court shall, where practicable and on being satisfied that it is not contrary to the interests of justice, upon receiving a request from a judicial authority of an issuing state to facilitate a person in respect of whom the relevant arrest warrant was issued appearing using a live video link between that judicial authority and the place where the person is located, direct that arrangements be made to facilitate the video link request.
  • (3) Where a request is made, regarding a relevant arrest warrant issued in respect of a person who the issuing state intends to prosecute for an offence to which the warrant relates, that arrangements pursuant to the applicable relevant provisions be put in place to facilitate the person being heard by a judicial authority of the issuing state, the High Court shall decide whether—
  • (a) subject to subsection (5), to order the temporary transfer of the person to the issuing state, or
  • (b) to direct that the person be heard in accordance with subsection (7).
  • (4) The High Court shall, in making its decision under subsection (3), have regard to the views of the person concerned.
  • (5) The High Court shall not order a temporary transfer under subsection (3)(a) unless it is satisfied that the person shall be able to return to the State to participate in proceedings relating to him or her to which this Act applies.
  • (6) Where the High Court decides under subsection (3)(a) to order the temporary transfer of a person to the issuing state, the High Court shall, with the agreement of the issuing judicial authority, determine the conditions and duration of the transfer.
  • (7) Where the High Court decides under subsection (3)(b) to direct that the person be heard in accordance with subsection (7), the High Court shall, subject to subsection (8), direct that the person be heard—
  • (a) by a judge of the High Court, nominated by the President of the High Court, assisted by a person designated by the issuing state, and
  • (b) without prejudice to paragraph (a), otherwise in accordance with the law of the State applicable to proceedings under this Act.
  • (8) The High Court may, with the agreement of the issuing judicial authority, agree such other conditions as may be required for the purposes of this section.
  • (9) In this section, "applicable relevant provisions" in relation to a relevant arrest warrant means—
  • (a) in respect of a European Arrest Warrant, Articles 18 and 19 of the Framework Decision,
  • (b) in respect of a Trade and Cooperation Arrest Warrant, Articles 617 and 618 of the Trade and Cooperation Agreement, and
  • (c) in respect of an arrest warrant within the meaning of the EU Iceland Norway Agreement, Articles 21 and 22 of the EU Iceland Norway Agreement.]

14B. F53[Warrant for temporary transfer of person to issuing state

14B.—(1) The Minister shall, on the grant of an order under subsection (3)(a), issue a warrant under section 66 of the Criminal Justice (Mutual Assistance) Act 2008 for the temporary transfer of the person out of the State to the issuing state.

  • (2) For the purposes of subsection (1), section 66 of the Criminal Justice (Mutual Assistance) Act 2008 shall apply subject to the following modifications:
  • (a) a reference in section 66 to a request shall be construed as a reference to a request under section 14A(3),
  • (b) a reference in section 66 to—
  • (i) a person serving a sentence of imprisonment in a prison, and
  • (ii) a prisoner,

shall be construed as a reference to the person referred to in subsection (1),

  • (c) a reference in section 66 to a—
  • (i) designated state, and
  • (ii) requesting authority,

shall be construed as a reference to the issuing state,

  • (d) the purpose for which the warrant may be issued shall be to ensure that the person is heard in the issuing state pursuant to the applicable relevant provisions (within the meaning of section 14A),
  • (e) a reference in section 66 to a prison shall be construed as including a reference to a remand centre,
  • (f) subsections (2), (3) and (6) of section 66 shall not apply, and
  • (g) any other necessary modifications.]

15.—F54[(1) Where a person is brought before the High Court under section 13, he or she may consent to his or her being surrendered to the issuing state and, if he or she so consents, the High Court shall—

  • (a) if the F55[relevant arrest warrant], or a F56[…] true copy thereof, has been endorsed in accordance with section 13 for execution of the warrant,
  • (b) if it is satisfied that—
  • (i) the person voluntarily consents to his or her being surrendered to the issuing state concerned and is aware of the consequences of his or her so consenting, and
  • (ii) the person has obtained, or has been afforded the opportunity of obtaining or being provided with professional legal advice before consenting to his or her surrender,
  • (c) if it is not required, under F57[…] 22, 23 or 24 (inserted by F58[sections 80], 81 and 82 of the Criminal Justice (Terrorist Offences) Act 2005), to refuse to surrender the person under this Act, and
  • F59[(d) if the surrender of the person is not prohibited F58[by, or refused under, Part 3],]

make an order directing that the person be surrendered to such other person as is duly authorised by the issuing state to receive him or her.

  • (2) Where a person is brought before the High Court under section 14, he or she may consent to his or her being surrendered to the issuing state and, if he or she so consents, the High Court shall—
  • (a) upon production to the High Court of the F55[relevant arrest warrant] or F60[a true copy] thereof,
  • (b) if it is satisfied that—
  • (i) the person voluntarily consents to his or her being surrendered to the issuing state concerned and is aware of the consequences of his or her so consenting, and
  • (ii) the person has obtained, or has been afforded the opportunity of obtaining or being provided with, professional legal advice and representation before consenting to his or her surrender,
  • (c) if it is not required, under F57[…] 22, 23 or 24 (inserted by F58[sections 80], 81 and 82 of the Criminal Justice (Terrorist Offences) Act 2005), to refuse to surrender the person under this Act, and
  • F59[(d) if the surrender of the person is not prohibited F58[by, or refused under, Part 3],]

make an order directing that the person be surrendered to such other person as is duly authorised by the issuing state to receive him or her.]

  • F61[(3) An order—
  • (a) under subsection (1) shall, subject to section 18, be made within the period of 10 days beginning on the date on which the person provides his or her consent to the High Court to his or her being surrendered to the issuing state, or
  • (b) under subsection (2) shall, following the period of time for which the person is remanded under section 14(3)(b)(ii) and subject to section 18, be made within the period of 10 days beginning on the date on which the person provides his or her consent to the High Court to his or her being surrendered to the issuing state.]
  • F59[(3A) Subject to F61[subsections (5), (5C), (6) and (6A)], a person to whom an order for the time being in force under subsection (1) or (2) applies shall be surrendered to the issuing state concerned not later than 10 days after the order takes effect in accordance with subsection (3).]
  • F62[(3B) An appeal against an order under subsection (1) or (2), or a decision not to make such an order, may be brought in the Supreme Court if, and only if, the High Court certifies that the order or decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Supreme Court.]
  • F63[(4) Where the High Court makes an order under subsection (1) or (2), it shall, unless it orders postponement of surrender under section 18—
  • (a) inform the person to whom the order relates of his or her right to make a complaint under Article 40.4.2° of the Constitution F64[within the period of 10 days referred to in paragraph (a) or (b), as applicable, of subsection (3)],
  • (b) record in writing that the person concerned has consented to his or her being surrendered to the F64[issuing state concerned and, where appropriate, that the person has renounced his or her entitlement not to be prosecuted, sentenced or otherwise deprived of his or her liberty for an offence committed prior to his or her surrender other than that for which he or she was surrendered,]
  • (c) order that that person be detained in a prison F64[(or, if the person is not more than 18 years of age, in a remand centre)] for a period not exceeding 20 days pending the carrying out of the terms of the order, and
  • (d) direct that the person be again brought before the High Court—
  • (i) if he or she is not surrendered before the expiration of the time for surrender under subsection (3A), as soon as practicable after that expiration, or
  • (ii) if it appears to the Central Authority in the State that, because of circumstances beyond the control of the State or the issuing state concerned, that person will not be surrendered on the expiration referred to in subparagraph (i), before that expiration.]
  • F65[(5) Where a person is brought before the High Court pursuant to subsection (4)(d)—
  • (a) the High Court shall, if satisfied that, because of circumstances beyond the control of the State or the issuing state concerned, the person was not surrendered within the time for surrender under subsection (3A) or, as the case may be, will not be so surrendered—
  • (i) notify the issuing judicial authority without delay and, with the agreement of that authority, fix a new date for the surrender of the person, and order that the person be detained in a prison (or if the person is not more than 18 years of age, in a remand centre) for a period not exceeding 10 days, pending the agreement of a date for the purpose of this subparagraph, and
  • (ii) on agreement of a date under subparagraph (i), order that the person be detained in a prison (or, if the person is not more than 18 years of age, in a remand centre) for a period not exceeding 10 days after the date fixed under subparagraph (i), pending the surrender,
  • (b) the High Court shall continue to apply the provisions of paragraph (a) for so long as it is satisfied that the person will not be surrendered before the expiration of the period specified under paragraph (a)(ii) because of circumstances beyond the control of the State or the issuing state concerned, and
  • (c) in any other case, the High Court shall—
  • (i) notify the issuing judicial authority without delay and, with the agreement of that authority, fix a new date for the surrender of the person, and
  • (ii) remand the person on bail (and for that purpose the High Court shall have the same powers in relation to remand as it would have if the person was brought before it charged with an indictable offence) pending the carrying out of the order directing that the person be surrendered to the issuing state.]
  • F65[(5A) A person to whom an order for the time being in force under subsection (5)(a) applies shall be surrendered to the issuing state concerned not later than 10 days after any new date fixed under that subsection.]
  • F66[(5B) Where a person is ordered, under subsection (4)(c), to be detained in a prison F65[(or, if the person is not more than 18 years of age, in a remand centre)] and is brought before the High Court pursuant to subsection (4)(d), the person shall be deemed to be in lawful custody at all times beginning at the time of the making of the order under subsection (4)(c) and ending when he or she is brought before the Court.]
  • F67[(5C)
  • (a) Where, in particular circumstances, the High Court has not, within 10 days beginning on the date the person provides his or her consent to the High Court to his or her being surrendered to the issuing state, made an order under subsection (1) or (2) or has decided not to make an order under subsection (1) or (2), the Court shall, without delay, direct the Central Authority in the State to inform the issuing judicial authority in relation thereto and of the reasons therefor specified in the direction, and the Central Authority in the State shall comply with the direction.
  • (b) The Court may extend the period of time referred to in paragraph (a) for a further period of 30 days, where it considers it appropriate and just in the circumstances to do so.]
  • F68[(6) Where a person—
  • (a) lodges an appeal pursuant to subsection (3B), or
  • (b) makes a complaint under Article 40.4.2° of the Constitution,

he or she shall not be surrendered to the issuing state while proceedings relating to the appeal or complaint are pending.

  • F67[(6A) If, in exceptional circumstances, the proceedings referred to in subsection (6) have not been finally determined after the expiration of 40 days from the person’s consent, pursuant to subsection (3), the High Court shall—
  • (a) notify the issuing judicial authority and Eurojust without delay, provide reasons as to why the proceedings have not yet been finalised and, on conclusion of those proceedings and with that authority’s agreement, fix a new date for the surrender of the person, and
  • (b) order that the person be detained in a prison (or if the person is not more than 18 years of age, in a remand centre) for a period not exceeding 10 days after the date fixed under paragraph (a), pending the surrender.]
  • (7) Where a person lodges an appeal pursuant to subsection (3B), the High Court may remand the person in custody or on bail pending the hearing of the appeal and, for that purpose, the High Court shall have the same powers in relation to remand as it would have if the person were brought before it charged with an indictable offence.]
  • F67[(7A) The period of 40 days referred to in subsection (6A) consists of the aggregate of the initial period of 10 days referred to in subsection (3) and such further extension of 30 days as may be granted by the High Court under subsection (5C)(b).]
  • (8) F69[…]
  • (9) F69[…]

16. Committal of person named in European arrest warrant.

16.—F70[(1) Where a person does not consent to his or her surrender to the issuing state F71[…] the High Court F72[shall], upon such date as is fixed F72[under section 13 or, subject to subsection (3),] such later date as it considers appropriate, make an order directing that the person be surrendered to such other person as is duly authorised by the issuing state to receive him or her, provided that—

  • (a) the High Court is satisfied that the person before it is the person in respect of whom the F73[relevant arrest warrant] was issued,
  • (b) the F73[relevant arrest warrant], or a F71[…] true copy thereof, has been endorsed in accordance with section 13 for execution of the warrant,
  • F74[(c) the F73[European arrest warrant or Trade and Cooperation Agreement arrest warrant, as the case may be,] states, where appropriate, the matters required by section 45 (inserted by section 23 of the European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012),]
  • (d) the High Court is not required, under F75[…] 22, 23 or 24 (inserted by F72[sections 80], 81 and 82 of the Criminal Justice (Terrorist Offences) Act 2005), to refuse to surrender the person under this Act, and
  • F74[(e) the surrender of the person is not prohibited F72[by, or refused under, Part 3].]]
  • F70[(2) Where a person does not consent to his or her surrender to the issuing state F71[…], the High Court F76[shall], upon such date as is fixed F76[under section 14 or, subject to section (3),] such later date as it considers appropriate, make an order directing that the person be surrendered to such other person as is duly authorised by the issuing state to receive him or her, provided that—
  • F74[(a) the F73[European arrest warrant or Trade and Cooperation Agreement arrest warrant, as the case may be, including], where appropriate, the matters required by section 45 (inserted by section 23 of the European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012), is provided to the court, ]
  • (b) the High Court is satisfied that the person before it is the person in respect of whom the F73[relevant arrest warrant] was issued,
  • (c) the High Court is not required, under F75[…] 22, 23 or 24 (inserted by F76[sections 80], 81 and 82 of the Criminal Justice (Terrorist Offences) Act 2005), to refuse to surrender the person under this Act, and
  • F74[(d) the surrender of the person is not prohibited F76[by, or refused under, Part 3].]]
  • F77[(2A) Where the High Court does not—
  • (a) make an order under subsection (1) on the date fixed under section 13, or
  • (b) make an order under subsection (2) on the date fixed under section 14,

it may remand the person before it in custody or on bail and, for those purposes, the High Court shall have the same powers in relation to remand as it would have if the person were brought before it charged with an indictable offence.]

  • F78[(3) An order under subsection (1) or (2) shall, subject to subsection (3B)(b), be made not later than 60 days from the date of the person’s arrest.]
  • F79[(3A) Subject to F78[subsections (3B), (5), (6), and (6A)], a person to whom an order for the time being in force under subsection (1) or (2) applies shall be surrendered to the issuing state concerned not later than 10 days after the order takes effect in accordance with subsection (3).
  • F80[(3B)
  • (a) Where the High Court has not, upon the expiration of 60 days from the arrest of the person under section 13 or 14, made an order under subsection (1) or (2), it shall, without delay, so inform the issuing judicial authority.
  • (b) The High Court may extend the period of time specified under paragraph (a) for a further period of 30 days, where the Court considers it appropriate and just in the circumstances to do so.]
  • (4) Where the High Court makes an order under subsection (1) or (2), it shall, unless it orders postponement of surrender under section 18—
  • (a) inform the person to whom the order relates of his or her right to make a complaint under Article 40.4.2° of the Constitution at any time before his or her surrender to the issuing state,
  • (b) order that that person be detained in a prison F78[(or, if the person is not more than 18 years of age, in a remand centre)] for a period not exceeding 25 days pending the carrying out of the terms of the order, and
  • (c) direct that the person be again brought before the High Court—
  • (i) if he or she is not surrendered before the expiration of the time for surrender under subsection (3A), as soon as practicable after that expiration, or
  • (ii) if it appears to the Central Authority in the State that, because of circumstances beyond the control of the State or the issuing state concerned, that person will not be surrendered on the expiration referred to in subparagraph (i), before that expiration.
  • F81[(5) Where a person is brought before the High Court pursuant to subsection (4)(c)—
  • (a) the High Court shall, if satisfied that, because of circumstances beyond the control of the State or the issuing state concerned, the person was not surrendered within the time for surrender under subsection (3A) or, as the case may be, will not be so surrendered—
  • (i) notify the issuing judicial authority without delay and, with the agreement of that authority, fix a new date for the surrender of the person, and order that the person be detained in a prison (or, if the person is not more than 18 years of age, in a remand centre) for a period not exceeding 10 days, pending the agreement of a date for the purpose of this subparagraph, and
  • (ii) on agreement of a date under subparagraph (i), order that the person be detained in a prison (or, if the person is not more than 18 years of age, in a remand centre) for a period not exceeding 10 days after the date fixed under subparagraph (i), pending the surrender,
  • (b) the High Court shall continue to apply the provisions of paragraph (a) for so long as it is satisfied that the person will not be surrendered before the expiration of the period specified under paragraph (a)(ii) because of circumstances beyond the control of the State or the issuing state concerned, and
  • (c) in any other case, the High Court shall—
  • (i) notify the issuing judicial authority without delay and, with the agreement of that authority, fix a new date for the surrender of the person, and
  • (ii) remand the person on bail (and for that purpose the High Court shall have the same powers in relation to remand as it would have if the person was brought before it charged with an indictable offence) pending the carrying out of the order directing that the person be surrendered to the issuing state.]
  • F81[(5A) A person to whom an order for the time being in force under subsection (5)(a) applies shall be surrendered to the issuing state concerned not later than 10 days after any new date fixed under that subsection.]
  • (5B) Where a person is ordered, under subsection (4)(b), to be detained in a prison F81[(or, if the person is not more than 18 years of age, in a remand centre)] and is brought before the High Court pursuant to subsection (4)(c), the person shall be deemed to be in lawful custody at all times beginning at the time of the making of the order under subsection (4)(b) and ending when he or she is brought before the Court.
  • (6) Where a person—
  • (a) lodges an appeal pursuant to subsection (11), or
  • (b) makes a complaint under Article 40.4.2° of the Constitution,

he or she shall not be surrendered to the issuing state while proceedings relating to the appeal or complaint are F81[pending, provided that the proceedings comply with the time limit specified in subsection (3) or, where applicable, (3B).]

  • F82[(6A) If, in exceptional circumstances, the proceedings referred to in paragraph (a) or (b) of subsection (6) have not been finalised within 90 days of the person’s arrest, pursuant to section 13 or 14, the High Court shall—
  • (a) notify the issuing judicial authority and Eurojust without delay, provide reasons as to why the proceedings have not yet been finalised and, on conclusion of those proceedings and with that authority’s agreement, fix a new date for the surrender of the person, and
  • (b) order that the person be detained in a prison (or, if the person is not more than 18 years of age, in a remand centre) for a period not exceeding 10 days after the date fixed under paragraph (a), pending surrender.]
  • (7) Where the High Court decides not to make an order under subsection (1) or (2)—
  • (a) it shall give reasons for its decision, and
  • (b) the person shall, subject to subsection (8), be released from custody.
  • (8) Subsection (7)(b) shall not apply if—
  • (a) (i) the person has been sentenced to a term of imprisonment,
  • (ii) on the date on which he or she would, but for this subsection, be entitled to be released under subsection (7), all or part of the term of imprisonment remains unexpired, and
  • (iii) the person is required to serve all or part of the remainder of that term of imprisonment in the State,

or

  • (b) (i) the person has been charged with or convicted of an offence in the State, and
  • (ii) on the date on which he or she would, but for this paragraph, be entitled to be released from custody under subsection (7), he or she is required to be in custody by virtue of having been remanded in custody pending his or her being tried, or the imposition of sentence, in respect of that offence.
  • F81[(9) If the High Court has not, after the expiration of 60 days from the arrest of the person concerned under section 13 or 14, made an order under subsection (1) or (2) or subsection (1) or (2) of section 15, or has decided not to make an order under subsection (1) or (2) as the case may be, it shall direct the Central Authority in the State to—
  • (a) inform the issuing judicial authority without delay, and
  • (b) where appropriate, Eurojust, in relation thereto and of the reasons therefor specified in the direction, and the Central Authority in the State shall comply with the direction.]
  • (10) If the High Court has not, after the expiration of 90 days from the arrest of the person concerned under section 13 or 14, made an order under subsection (1) or (2) or subsection (1) or (2) of section 15, or has decided not to make an order under subsection (1) or (2), it shall direct the Central Authority in the State to inform the issuing judicial authority and, where appropriate, Eurojust in relation thereto and of the reason therefor specified in the direction, and the Central Authority in the State shall comply with such direction.
  • F82[(10A) The period of 90 days referred to in subsection (10) consists of the aggregate of the initial period of 60 days referred to in subsection (3) and such further extension of 30 days as may be granted by the High Court under subsection (3B).]
  • (11) An appeal against an order under subsection (1) or (2) or a decision not to make such an order may be brought in the Supreme Court if, and only if, the High Court certifies that the order or decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Supreme Court.
  • (12) Where a person lodges an appeal pursuant to subsection (11), the High Court may remand the person in custody or on bail pending the hearing of the appeal and, for that purpose, the High Court shall have the same powers in relation to remand as it would have if the person were brought before it charged with an indictable offence.]
  • F83[(13) F84[…]]

16A. F85[Failure to comply with time periods in section 15 or 16

16A.—(1) The expiry of the period of 40 days referred to in section 15(7A) shall not—

  • (a) constitute a ground to refuse to surrender a person under this Act, or
  • (b) preclude the continued detention of a person under this Act.
  • (2) The expiry of the period of 90 days referred to in section 16(10A) shall not—
  • (a) constitute a ground to refuse to surrender a person under this Act, or
  • (b) preclude the continued detention of a person under this Act.]

17. European arrest warrant relating to more than one offence.

17.—Where, in relation to an offence specified in a F86[relevant arrest warrant], the High Court decides not to make an order under section 15 or 16, it shall not be necessary for the issuing judicial authority to issue another F86[relevant arrest warrant] in respect of such other offences as are specified in that warrant, and, where such other offences are specified in the F86[relevant arrest warrant], that warrant shall be treated as having been issued in respect of those other offences only.

18. Postponement of surrender.

F87[18.— (1) The High Court may direct that the surrender of a person to whom an order under subsection (1) or (2) of section 15 or subsection (1) or (2) of section 16 applies be postponed in accordance with this section where—

  • (a) the High Court is satisfied that circumstances exist that would warrant that postponement, on humanitarian grounds, including that a manifest danger to the life or health of the person concerned would likely be occasioned by his or her surrender to the issuing state,
  • (b) the person is being proceeded against for an offence in the State, or
  • (c) the person has been sentenced to a term of imprisonment for an offence and is required to serve all or part of that term of imprisonment in the State.
  • (2) The postponement shall continue until the High Court makes an order under subsection (4).
  • (3) Where the High Court decides to postpone a person’s surrender under this section, it shall remand the person in custody or on bail and, for that purpose, the High Court shall have the same powers in relation to remand as it would have if the person were brought before it charged with an indictable offence.
  • (4) The High Court shall make an order ending the postponement of surrender—
  • (a) where paragraph (a) of subsection (1) applies, when the High Court is satisfied that the circumstances referred to in that paragraph no longer exist,
  • (b) where paragraph (b) of subsection (1) applies, when the High Court is satisfied that the proceedings in respect of the offence concerned have been finally determined (where the person concerned is not required to serve a term of imprisonment), or
  • (c) where paragraph (c) of subsection (1) applies, when the High Court is satisfied that the person concerned is no longer required to serve any part of the term of imprisonment concerned.
  • F88[(5) Upon the making of an order under subsection (4)—
  • (a) the issuing judicial authority shall be notified of the making of the order without delay by the Central Authority for the purpose of agreeing a new date for the surrender of the person,
  • (b) the person shall be surrendered not later than 10 days after the agreed new date, and
  • (c) where a further date is required for the surrender of the person, the issuing judicial authority shall be notified of that fact without delay by the Central Authority and with the agreement of the issuing judicial authority, the High Court shall fix a new date for the surrender of the person.]]

19. Conditional surrender.

19.— F89[(1) Where a person to whom an order under section 15 or 16 applies has been sentenced to a term of imprisonment for an offence and is, at the time of the making of the order, required to serve all or part of that term of imprisonment in the State, F90[the High Court, with the agreement of the issuing judicial authority, may direct that the person be temporarily surrendered to the issuing state].]

  • F91[(1A) A direction under subsection (1) shall be made on the basis of conditions determined by the High Court, with the agreement of the issuing judicial authority, and such conditions shall be recorded in writing, and be binding on all of the relevant authorities, as appropriate, in the issuing state.]
  • (2) Where a person is surrendered to the issuing state under this section, then any term of imprisonment or part of a term of imprisonment that the person is required to serve in the State shall be reduced by an amount equal to any period of time spent by that person in custody or detention in the issuing state consequent upon his or her being so surrendered, or pending trial.

20. Additional documentation and information.

20.—(1) In proceedings to which this Act applies F92[the High Court shall,] if of the opinion that the documentation or information provided to it is not sufficient to enable it to perform its functions under this Act, require the F93[issuing judicial authority or the issuing state, as may be appropriate,] to provide it with such additional documentation or information as it may specify, within such period as it may specify,

  • (2) F94[…]
  • (3) F95[…]
  • (4) F95[…]

21. Movement of persons detained under this Act.

F96[21.— (1) The Minister may direct that a person remanded in custody under this Act or detained in a prison or F97[remand centre] pursuant to an order under subsection (1) or (2) of section 15 or (1) or (2) of section 16 be removed to a hospital or any other place if the Minister considers that in the interests of the person’s health, it is necessary that he or she be so removed, and the person shall, while detained in a hospital or other place pursuant to a direction under this subsection, be deemed to be in lawful custody.

  • (2) Sections 10 and 11 of the Criminal Justice Act 1960 shall apply to a person who is not less than 16, nor more than 21, years of age remanded in custody under this Act or detained in a prison or F97[remand centre] pursuant to an order under subsection (1) or (2) of section 15 or (1) or (2) of section 16, subject to the following modifications:
  • (a) in section 10(1), the reference to "a person detained under section 9 of this Act or this section" shall be construed as a reference to "a person remanded in custody or detained in a prison or F97[remand centre] under the European Arrest Warrant Act 2003";
  • (b) in section 11(1), the reference to "a person who is detained in a F97[remand centre] pursuant to section 9 of this Act" shall be construed as a reference to "a person remanded in custody or detained in a prison or F97[remand centre] under the European Arrest Warrant Act 2003"; and
  • (c) in section 11(3), the reference to "section 9" shall be construed as a reference to "the European Arrest Warrant Act 2003".]

21A. F98[Refusal of surrender where no decision to prosecute.

21A.—F99[…]]

22. Rule of speciality disapplied.

F100[22.—(1) In this section, except where the context otherwise requires, "offence" means, in relation to a person to whom a F101[relevant arrest warrant] applies, an offence (other than an offence specified in the F101[relevant arrest warrant] in respect of which the person’s surrender is ordered under this Act) under the law of the issuing state committed before the person's surrender, but shall not include an offence consisting, in whole, of acts or omissions of which the offence specified in the European arrest warrant consists in whole or in part.

  • (2) Subject to this section, the High Court shall refuse to surrender a person under this Act if it is satisfied that—
  • (a) the law of the issuing state does not provide that a person who is surrendered to it pursuant to a F101[relevant arrest warrant] shall not be proceeded against, sentenced or detained for the purposes of executing a sentence or detention order, or otherwise restricted in his or her personal liberty, in respect of an offence, and
  • (b) the person will be proceeded against, sentenced, or detained for the purposes of executing a sentence or detention order, or otherwise restricted in his or her personal liberty, in respect of an offence.
  • (3) It shall be presumed that, in relation to a person to whom a F101[relevant arrest warrant] applies, the issuing state does not intend to—
  • (a) proceed against him or her,
  • (b) sentence or detain him or her for a purpose referred to in subsection (2)(a), or
  • (c) otherwise restrict him or her in his or her personal liberty,

in respect of an offence, unless the contrary is proved.

  • (4) The surrender of a person under this Act shall not be refused under subsection (2) if—
  • (a) upon conviction in respect of the offence concerned he or she is not liable to a term of imprisonment or detention, or
  • (b) the High Court is satisfied that, where upon such conviction he or she is liable to a term of imprisonment or detention and such other penalty as does not involve a restriction of his or her personal liberty, the said other penalty only will be imposed if he or she is convicted of the offence.
  • (5) The surrender of a person under this Act shall not be refused under subsection (2) if it is intended to impose in the issuing state a penalty (other than a penalty consisting of a restriction of the person’s liberty) including a financial penalty in respect of an offence of which the person claimed has been convicted, notwithstanding that where such person fails or refuses to pay the penalty concerned (or, in the case of a penalty that is not a financial penalty, fails or refuses to submit to any measure or comply with any requirements of which the penalty consists) he or she may, under the law of the issuing state be detained or otherwise deprived of his or her personal liberty.
  • (6) The surrender of a person under this Act shall not be refused under subsection (2) if the High Court—
  • (a) is satisfied that—
  • (i) proceedings will not be brought against the person in respect of an offence,
  • (ii) a penalty will not be imposed on the person in respect of an offence, and
  • (iii) the person will not be detained or otherwise restricted in his or her personal liberty for the purposes of an offence,

without the issuing judicial authority first obtaining the consent thereto of the High Court,

  • (b) is satisfied that—
  • (i) the person consents to being surrendered under section 15,
  • (ii) at the time of so consenting he or she consented to being so proceeded against, to such a penalty being imposed, or being so detained or restricted in his or her personal liberty, and was aware of the consequences of his or her so consenting, and
  • (iii) the person obtained or was afforded the opportunity of obtaining, or being provided with, professional legal advice in relation to the matters to which this section relates,
  • (c) is satisfied that—
  • (i) such proceedings will not be brought, such penalty will not be imposed and the person will not be so detained or otherwise restricted in his or her personal liberty before the expiration of a period of 45 days from the date of the person’s final discharge in respect of the offence for which he or she is surrendered, and
  • (ii) during that period he or she will be free to leave the issuing state,

except where having been so discharged he or she leaves the issuing state and later returns thereto (whether during that period or later), or

  • (d) is satisfied that such proceedings will not be brought, such penalty will not be imposed and the person will not be so detained or restricted in his or her personal liberty unless—
  • (i) the person voluntarily gives his or her consent to being so proceeded against, such a penalty being imposed, or being so detained or restricted in his or her personal liberty, and is fully aware of the consequences of so doing,
  • (ii) that consent is given before the competent judicial authority in the issuing state, and
  • (iii) the person obtains or is afforded the opportunity of obtaining, or being provided with, professional legal advice in the issuing state in relation to the matters to which this section relates before he or she gives that consent.
  • F102[(7) The High Court shall, in relation to a person who has been surrendered to an issuing state under this Act, not later than 30 days after receipt of a request in writing from the issuing state in that behalf, consent to—
  • (a) proceedings being brought against the person in the issuing state for an offence,
  • (b) the imposition in the issuing state of a penalty, including a penalty consisting of a restriction of the person’s liberty, in respect of an offence, or
  • (c) proceedings being brought against, or the detention of, the person in the issuing state for the purpose of executing a sentence or order of detention in respect of an offence,

provided that the offence is not—

  • (i) an offence for which his or her surrender would be prohibited by virtue of Part 3, or
  • (ii) an offence for which his or her surrender would be refused under Part 3.]]
  • F103[(8) F104[…]]

23. Surrender of person by issuing state to other Member State.

F105[23.—(1) In this section, except where the context otherwise requires—

"offence" means, in relation to a person to whom a F106[relevant arrest warrant] applies, an offence under the law of a Member State (other than the issuing state) committed before the person’s surrender to the issuing state under this Act; and

"Member State" means a Member State other than the issuing state.

  • (2) Subject to this section, the High Court shall refuse to surrender a person under this Act if it is satisfied that—
  • (a) the law of the issuing state does not provide that a person who is surrendered to it pursuant to a F106[relevant arrest warrant] shall not be surrendered to a Member State pursuant to a F106[relevant arrest warrant] issued by a judicial authority in that Member State in respect of an offence, and
  • (b) the person will be surrendered to a Member State pursuant to a F106[relevant arrest warrant] issued by a judicial authority in that Member State in respect of an offence.

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