Criminal Justice (Miscellaneous Provisions) Act 2009

13.

Amendments to section 18 of Act of 2003.

13.— Section 18 (as amended by section 77 of the Criminal Justice (Terrorist Offences) Act 2005) of the Act of 2003 is hereby amended—

( a) by the substitution for subsection (3) of the following subsection:

“(3) Subject to section 19, where a person to whom an order under section 15 or 16 applies—

( a) is being proceeded against for an offence in the State, or

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

(ii) is required to serve all or part of that term of imprisonment,

the High Court may direct the postponement of that person’s surrender to the issuing state until—

(I) in the case of a person who is being proceeded against for an offence, the date of the final determination of those proceedings (where he or she is not required to serve a term of imprisonment), or

(II) in the case of a person who is required to serve all or part of a term of imprisonment, the date on which he or she is no longer required to serve any part of that term of imprisonment.”,

and

( b) in subsection (4) by the substitution for “subsection (3)(i) or (ii)” of “subsection (3)( b)(I) or (II)”.