European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012


Amendment of section 33 of Act of 2003.

19.— Section 33 (amended by section 16 of the Criminal Justice (Miscellaneous Provisions) Act 2009) of the Act of 2003 is amended—

(a) by substituting the following for subsection (1):

“33.— (1) A court may, upon an application made by or on behalf of the Director of Public Prosecutions, issue a European arrest warrant in respect of a person where it is satisfied that—

(a) a domestic warrant has been issued for the arrest of that person but has not been executed, and

(b) a term of imprisonment or detention of not less than 4 months has been imposed on the person in respect of the offence concerned and the person is required to serve all or part of that term of imprisonment or detention, or, as the case may be, the person would, if convicted of the offence concerned, be liable to a term of imprisonment or detention of 12 months or more than 12 months.”,

(b) by repealing subsection (1B),

(c) in subsection (2), by inserting “as amended by Council Framework Decision 2009/299/JHA” after “Framework Decision”, and

(d) in subsection (5)(a), by substituting “to which subsection (1)(a) applies” for “to which subparagraph (i) of section 33(1)(a) applies”.