Criminal Justice (Illicit Traffic by Sea) Act 2003
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Surrender of persons. |
17.—(1) The Minister may by order direct that a person who has been committed under section 9 , other than a person— | |
(a) who has been released by an order of the High Court under Article 40.4.2° of the Constitution or on the determination of an appeal from an order under that provision, | ||
(b) who has been released on the determination by the Supreme Court of an appeal on a point of law, | ||
(c) who has been released by order of the Minister under section 21 , or | ||
(d) whose surrender has been refused under section 22 , | ||
be surrendered to such person as in the Minister's opinion is duly authorised by the requesting Convention state to receive him or her. | ||
(2) Any person to whom an order under subsection (1) directs a person to be surrendered may receive, hold in custody and convey out of the State the person so surrendered and, if that person escapes from the custody to which he or she has been surrendered, he or she shall be liable to be retaken in the same manner as any person who escapes from lawful custody. | ||
(3) An order under subsection (1) which is made in respect of a person who is subject to a sentence of a court in the State, may include a provision authorising the return of that person to the State in accordance with arrangements made by the Minister with— | ||
(a) the court or tribunal exercising criminal jurisdiction in the Convention state concerned or a prosecuting authority in that state, or | ||
(b) any other authority in that state that appears to the Minister to have the function of making such arrangements. |