European Arrest Warrant Act 2003

Conditional surrender.

19

19.F90[(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, F91[the High Court, with the agreement of the issuing judicial authority, may direct that the person be temporarily surrendered to the issuing state].]

F92[(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.

Annotations

Amendments:

F90

Substituted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 12, commenced on enactment.

F91

Substituted (1.05.2024) by European Arrest Warrant (Amendment) Act 2024 (9/2024), s. 13(a), S.I. No. 180 of 2024, subject to transitional provision in s. 2.

F92

Inserted (1.05.2024) by European Arrest Warrant (Amendment) Act 2024 (9/2024), s. 13(b), S.I. No. 180 of 2024, subject to transitional provision in s. 2.

Editorial Notes:

E39

Previous affecting provision: subs. (1) amended (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 15, in effect as per reg. 1(2); substituted (1.05.2024) as per F-note above.