European Arrest Warrant Act 2003
F71[Refusal of surrender where no decision to prosecute.
21A.—(1) Where a European arrest warrant is issued in the issuing state in respect of a person who has not been convicted of an offence specified therein, the High Court shall refuse to surrender the person if it is satisfied that a decision has not been made to charge the person with, and try him or her for, that offence in the issuing state.
(2) Where a European arrest warrant is issued in respect of a person who has not been convicted of an offence specified therein, it shall be presumed that a decision has been made to charge the person with, and try him or her for, that offence in the issuing state, unless the contrary is proved.]
Annotations
Amendments:
F71
Inserted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 79, commenced on enactment, subject to transitional provision in s. 68.
Editorial Notes:
E31
The section heading is taken from the amending section in the absence of one included in the amendment.