16.—F71[(1) Where a person does not consent to his or her surrender to the issuing state F72[…] the High Court F73[shall], upon such date as is fixed F73[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 F74[relevant arrest warrant] was issued,

(b) the F74[relevant arrest warrant], or a F72[…] true copy thereof, has been endorsed in accordance with section 13 for execution of the warrant,

F75[(c) the F74[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 F76[…] 22, 23 or 24 (inserted by F73[sections 80], 81 and 82 of the Criminal Justice (Terrorist Offences) Act 2005), to refuse to surrender the person under this Act, and

F75[(e) the surrender of the person is not prohibited F73[by, or refused under, Part 3].]]

F71[(2) Where a person does not consent to his or her surrender to the issuing state F72[…], the High Court F77[shall], upon such date as is fixed F77[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—

F75[(a) the F74[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 F74[relevant arrest warrant] was issued,

(c) the High Court is not required, under F76[…] 22, 23 or 24 (inserted by F77[sections 80], 81 and 82 of the Criminal Justice (Terrorist Offences) Act 2005), to refuse to surrender the person under this Act, and

F75[(d) the surrender of the person is not prohibited F77[by, or refused under, Part 3].]]

F78[(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.]

F79[(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.]

F80[(3A) Subject to F79[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).

F81[(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 F79[(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.

F82[(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.]

F82[(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 F82[(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 F82[pending, provided that the proceedings comply with the time limit specified in subsection (3) or, where applicable, (3B).]

F83[(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.

F82[(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.

F83[(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.]

F84[(13) F85[…]]