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


Amendment of section 45C of Act of 2003.

24.— The following is substituted for section 45C (inserted by section 20(b) of the Criminal Justice (Miscellaneous Provisions) Act 2009) of the Act of 2003:

“45C.— For the avoidance of doubt, an application for surrender under section 16 shall not be refused if the Court is satisfied that no injustice would be caused to the person even if—

(a) there is a defect in, or an omission of, a non-substantial detail in the European arrest warrant or any accompanying document grounding the application,

(b) there is a variance between any such document and the evidence adduced on the part of the applicant at the hearing of the application, so long as the Court is satisfied that the variance is explained by the evidence, or

(c) there has been a technical failure to comply with a provision of this Act, so long as the Court is satisfied that the failure does not impinge on the merits of the application.”.