Criminal Justice (Terrorist Offences) Act 2005

Amendment of section 12 of Act of 2003.

73

73.—Section 12 of the Act of 2003 is amended by—

( a) the substitution, in subsection (2), of “issuing judicial authority or the issuing state, as may be appropriate,” for “issuing judicial authority”,

( b) the insertion of the following subsection:

“(3A) An undertaking required under this Act may be set out in the European arrest warrant or in a separate document.”,

( c) the substitution of the following subsection for subsection (4):

“(4) Notwithstanding subsection (3), the issuing judicial authority shall be deemed to have complied with subsection (1)—

( a) if facsimile copies of—

(i) the European arrest warrant, and

(ii) where appropriate, a translation thereof,

are transmitted by or on behalf of the issuing judicial authority to the Central Authority in the State, and

( b) where the Minister makes regulations under subsection (10), there is, in relation to those facsimile copies, compliance with the regulations.”,

( d) the substitution of the following subsection for subsection (5):

“(5) Notwithstanding subsection (3), the issuing judicial authority or the issuing state, as may be appropriate, shall be deemed to have complied with subsection (2)—

( a) if facsimile copies of—

(i) such undertakings as are required under this Act, and

(ii) where appropriate, translations thereof,

are transmitted by it or on its behalf to the Central Authority in the State, and

( b) where the Minister makes regulations under subsection (10) there is, in relation to those facsimile copies, compliance with the regulations.”,

( e) the substitution, in subsection (6), of “issuing judicial authority or the issuing state, as may be appropriate,” for “issuing judicial authority” in each place that it occurs,

( f) the substitution, in paragraph ( b) of subsection (8), of “an issuing judicial authority or the issuing state, as may be appropriate,” for “a judicial authority in the issuing state”,

( g) the insertion, in subsection (8), of the following new paragraph:

“( c) a document referred to in section 11(2A) (inserted by section 72(b) of the Criminal Justice (Terrorist Offences) Act 2005),”,

and

( h) the substitution of the following subsection for subsection (11):

“(11) In this section ‘European arrest warrant’ includes a document referred to in section 11(2A) (inserted by section 72(b) of the Criminal Justice (Terrorist Offences) Act 2005).”.

Annotations

Amendments: