Criminal Justice (Terrorist Offences) Act 2005

Date of hearing in relation to European arrest warrant.

76

76.—Section 16 of the Act of 2003 is amended by—

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

“(1) Where a person does not consent to his or her surrender to the issuing state or has withdrawn his or her consent under section 15(9) the High Court may, upon such date as is fixed under section 13 or such later date as it considers appropriate, make an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 European arrest warrant was issued,

(b) the European arrest warrant, or a facsimile or true copy thereof, has been endorsed in accordance with section 13 for execution of the warrant,

(c) where appropriate, an undertaking under section 45 or a facsimile or true copy thereof is provided to the court,

(d) the High Court is not required, under section 21A, 22, 23 or 24 (inserted by sections 79, 80, 81 and 82 of the Criminal Justice (Terrorist Offences) Act 2005), to refuse to surrender the person under this Act, and

(e) the surrender of the person is not prohibited by Part 3 or the Framework Decision (including the recitals thereto).”,

(b) the substitution of the following subsection for subsection (2):

“(2) Where a person does not consent to his or her surrender to the issuing state or has withdrawn his or her consent under section 15(9), the High Court may, upon such date as is fixed under section 14 or such later date as it considers appropriate, make an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 European arrest warrant and, where appropriate, an undertaking under section 45, or facsimile or true copies thereof are provided to the court,

(b) the High Court is satisfied that the person before it is the person in respect of whom the European arrest warrant was issued,

(c) the High Court is not required, under section 21A, 22, 23 or 24 (inserted by sections 79, 80, 81 and 82 of the Criminal Justice (Terrorist Offences) Act 2005), to refuse to surrender the person under this Act, and

(d) the surrender of the person is not prohibited by Part 3 or the Framework Decision (including the recitals thereto).”,

(c) the insertion of the following subsection:

“(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.”,

(d) the substitution of the following subsection for subsection (3):

“(3) An order under this section shall take effect upon the expiration of 15 days beginning on the date of the making of the order or such earlier date as the High Court, upon the request of the person to whom the order applies, directs.”,

(e) the substitution, in subsection (5), of the following paragraph for paragraph (a):

“(a) the order takes effect in accordance with subsection (3) (inserted by section 76(d) of the Criminal Justice (Terrorist Offences) Act 2005), or”,

(f) the substitution of the following subsection for subsection (7):

“(7) A person (to whom an order for the time being in force under this section applies) who is not surrendered to the issuing state in accordance with subsection (5) shall be released from custody immediately upon the expiration of the 10 days referred to in that subsection unless, upon such expiration, proceedings referred to in subsection (6) are pending.”,

and

(g) the substitution—

(i) in subsection (9), of “Subsections (7) and (8) shall not apply if” for “Subsection (8) shall not apply if”,

(ii) in paragraph (a)(ii) of that subsection, of “subsection (7) or (8)” for “subsection (8)”, and

(iii) in paragraph (b)(ii) of that subsection, of “subsection (7) or (8)” for “subsection (8)”,

and the said subsection (9) as so amended is set out in the Table to this paragraph.

TABLE

(9) Subsections (7) and (8) shall not apply if—

(a) (i) the person has been sentenced to a term of imprisonment for an offence of which he or she was convicted in the State,

(ii) on the date on which he or she would, but for this subsection, be entitled to be released under subsection (7) or (8), 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, 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) or (8), 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.