Criminal Justice (Miscellaneous Provisions) Act 2009

12.

Amendments to section 16 of Act of 2003.

12.— Section 16 (as amended by section 76 of the Criminal Justice (Terrorist Offences) Act 2005) of the Act of 2003 is hereby amended—

( a) in subsection (1)—

(i) by the deletion of the words “or has withdrawn his or her consent under section 15(9)”, and

(ii) by the deletion from paragraphs ( b) and ( c) of the words “facsimile or”,

( b) in subsection (2)—

(i) by the deletion of “or has withdrawn his or her consent under section 15(9)”, and

(ii) in paragraph ( a) thereof by the deletion of “or facsimile”,

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

( d) 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.”,

( e) 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.”,

( f) in subsection (12) by the substitution for “on a point of law only.” of “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.”, and

( g) by the insertion of the following new subsection after subsection (12):

“(13) Where a person lodges an appeal pursuant to subsection (12), 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.”.