Criminal Justice (Miscellaneous Provisions) Act 2009

11.

Amendments to section 15 of Act of 2003.

11.— Section 15 (as amended by section 75 of the Criminal Justice (Terrorist Offences) Act 2005) is hereby amended—

( a) in subsection (1)( a) by the deletion of the words “facsimile or”,

( b) in subsection (2)( a) by the substitution for “facsimile or true copies” of “a true copy”,

( c) by the insertion after subsection (3) of the following new subsection:

“(3A) An appeal against an order under this section or a decision not to make such an order may be brought in the Supreme Court if, and only if, the High Court certifies that the order or decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Supreme Court.”,

( d) in subsection (5) by the insertion after “subsection (6)” of “, subsection (7)”,

( e) by the substitution for subsection (6) of the following:

“(6) Where a person—

( a) appeals an order made under this section, or

( b) makes a complaint under Article 40.4.2 of the Constitution,

he or she shall not be surrendered to the issuing state while proceedings relating to the appeal or complaint are pending.”,

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

“(7) Where a person (to whom an order for the time being in force under this section applies) is not surrendered to the issuing state within the relevant period specified in subsection (5) and the surrender is not prohibited by reason of subsection (6) the High Court may remand the person in custody or on bail for such further period as is necessary to effect the surrender unless it considers it would be unjust or oppressive to do so.”,

and

( g) by the substitution for subsection (9) of the following:

“(9) Where a person lodges an appeal pursuant to subsection (3A), the High Court may remand the person in custody or on bail pending the hearing of the appeal and, for that purpose, 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.”.