European Arrest Warrant Act 2003

Obligation to surrender.

10

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 F23[in that state] to which the F21[relevant arrest warrant] relates,

(c) who has been convicted of, but not yet sentenced in respect of, an offence F24[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, F25[…]

(i) F25[…]

(ii) F25[…]

that person shall, F26[subject to and in accordance with the provisions of this Act, be arrested] and surrendered to the issuing state.]

Annotations

Amendments:

F19

Substituted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 71, commenced on enactment, subject to transitional provision in s. 68.

F20

Deleted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 6(a), S.I. No. 330 of 2009, art. 2.

F21

Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 8(a), in effect as per reg. 1(2).

F22

Substituted (1.05.2024) by European Arrest Warrant (Amendment) Act 2024 (9/2024), s. 4(a), (b), S.I. No. 180 of 2024, subject to transitional provision in s. 2.

F23

Inserted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 6(b), S.I. No. 330 of 2009, art. 2.

F24

Deleted (1.05.2024) by European Arrest Warrant (Amendment) Act 2024 (9/2024), s. 4(c), S.I. No. 180 of 2024, subject to transitional provision in s. 2.

F25

Deleted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 6(c)(ii), S.I. No. 330 of 2009, art. 2.

F26

Substituted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 5, commenced on enactment.

Editorial Notes:

E16

Previous affecting provision: para. (d) amended (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 6(c)(i), S.I. No. 330 of 2009); deleted (1.05.2024) as per F-note above.