European Arrest Warrant Act 2003

Consent to surrender.

15

15.F32 [ (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 European arrest warrant, or a F33 [ ] 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 section 21A , 22 , 23 or 24 (inserted by sections 79, 80, 81 and 82 of the Criminal Justice (Terrorist Offences) Act 2005), to refuse to surrender the person under this Act, and

F34 [ ( d ) if the surrender of the person is not prohibited by 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 European arrest warrant or F35 [ 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 section 21A , 22 , 23 or 24 (inserted by sections 79, 80, 81 and 82 of the Criminal Justice (Terrorist Offences) Act 2005), to refuse to surrender the person under this Act, and

F34 [ ( d ) if the surrender of the person is not prohibited by 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. ]

F34 [ (3) An order under subsection (1) or (2) shall, subject to section 18 , take effect upon the expiration of 10 days beginning on the date of the making of the order or such earlier date as the High Court, on the application of the Central Authority in the State and with the consent of the person to whom the order applies, directs.

(3A) Subject to subsections (5) and (6) , 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) . ]

F36 [ (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. ]

F37 [ (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 ) record in writing that the person concerned has consented to his or her being surrendered to the issuing state concerned,

( c ) order that that person be detained in a prison (or, if the person is not more than 21 years of age, in a remand institution) 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.

(5) Where a person is brought before the High Court pursuant to subsection (4)(d) , the High Court shall

( a ) 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) with the agreement of the issuing judicial authority, fix a new date for the surrender of the person, and

(ii) order that the person be detained in a prison (or, if the person is not more than 21 years of age, in a remand institution) for a period not exceeding 10 days after the date fixed under subparagraph (i) , pending the surrender,

and

( b ) in any other case, order that the person be discharged. ]

F38 [ (5A) A person to whom an order for the time being in force under subsection (5)(a) applies

( a ) shall be surrendered to the issuing state concerned not later than 10 days after the new date fixed under that subsection, or

( b ) if surrender under paragraph (a ) has not been effected, shall be discharged.

(5B) Where a person is ordered, under subsection (4)(c) , to be detained in a prison (or, if the person is not more than 21 years of age, in a remand institution) 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. ]

F39 [ (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.

(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. ]

(8) F40 [ ]

(9) F40 [ ]

Annotations:

Amendments:

F32

Substituted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 75(a), commenced on enactment, subject to transitional provision in s. 68.

F33

Deleted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 11(a), S.I. No. 330 of 2009.

F34

Substituted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 9(a)-(c), commenced on enactment.

F35

Substituted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 11(b), S.I. No. 330 of 2009.

F36

Inserted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 9(c), commenced on enactment.

F37

Substituted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 9(c), commenced on enactment.

F38

Inserted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 9(c), commenced on enactment.

F39

Substituted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 9(c), commenced on enactment.

F40

Deleted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 9(c), commenced on enactment.

Editorial Notes:

E18

Previous affecting provision: subs. (3A) inserted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 11(c), S.I. No. 330 of 2009; substituted as per F-note above.

E19

Previous affecting provision: subs. (5)(5) amended (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 11(d), S.I. No. 330 of 2009; substituted as per F-note above.

E20

Previous affecting provisions: subss. (6), (7), (9) substituted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 11(e)-(g), S.I. No. 330 of 2009; substituted as per F-notes above.

E21

Previous affecting provisions: subss. (3), (5)(a), (7) substituted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 75(b)-(d), commenced on enactment; substituted as per F-notes above.