Criminal Justice (Terrorist Offences) Act 2005

European arrest warrant.

72

72.—Section 11 of the Act of 2003 is amended by—

( a) the substitution of the following subsections for subsection (1):

“(1) A European arrest warrant shall, in so far as is practicable, be in the form set out in the Annex to the Framework Decision.

(1A) Subject to subsection (2A), a European arrest warrant shall specify—

( a) the name and the nationality of the person in respect of whom it is issued,

( b) the name of the judicial authority that issued the European arrest warrant, and the address of its principal office,

( c) the telephone number, fax number and email address (if any) of that judicial authority,

( d) the offence to which the European arrest warrant relates, including the nature and classification under the law of the issuing state of the offence concerned,

( e) that a conviction, sentence or detention order is immediately enforceable against the person, or that a warrant for his or her arrest, or other order of a judicial authority in the issuing state having the same effect, has been issued in respect of the offence,

( f) the circumstances in which the offence was committed or is alleged to have been committed, including the time and place of its commission or alleged commission, and the degree of involvement or alleged degree of involvement of the person in the commission of the offence, and

( g) (i) the penalties to which that person would, if convicted of the offence specified in the European arrest warrant, be liable,

(ii) where that person has been convicted of the offence specified in the European arrest warrant but has not yet been sentenced, the penalties to which he or she is liable in respect of the offence, or

(iii) where that person has been convicted of the offence specified in the European arrest warrant and a sentence has been imposed in respect thereof, the penalties of which that sentence consists.”,

( b) the insertion of the following subsection:

“(2A) If it is not practicable for any of the information to which subsection (1A) (inserted by section 72(a) of the Criminal Justice (Terrorist Offences) Act 2005) applies to be specified in the European arrest warrant, it may be specified in a separate document.”,

and

( c) the deletion of subsection (3).