15.—F55[(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 F56[relevant arrest warrant], or a F57[…] 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 F58[…] 22, 23 or 24 (inserted by F59[sections 80], 81 and 82 of the Criminal Justice (Terrorist Offences) Act 2005), to refuse to surrender the person under this Act, and

F60[(d) if the surrender of the person is not prohibited F59[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 F56[relevant arrest warrant] or F61[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 F58[…] 22, 23 or 24 (inserted by F59[sections 80], 81 and 82 of the Criminal Justice (Terrorist Offences) Act 2005), to refuse to surrender the person under this Act, and

F60[(d) if the surrender of the person is not prohibited F59[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.]

F62[(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.]

F60[(3A) Subject to F62[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).]

F63[(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.]

F64[(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 F65[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 F65[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 F65[(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.]

F66[(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.]

F66[(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.]

F67[(5B) Where a person is ordered, under subsection (4)(c), to be detained in a prison F66[(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.]

F68[(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.]

F69[(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.

F68[(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.]

F68[(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).]

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