Criminal Justice (Illicit Traffic by Sea) Act 2003
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Release if not conveyed out of State. |
20.—(1) An application may be made to the High Court for the release of a person who is awaiting surrender under this Act and who is not surrendered and conveyed out of the State within one month after— | |
(a) the date of that person's committal under section 9 , or | ||
(b) the conclusion of any appeal proceedings (as defined in section 19 (2)) brought by or on behalf of that person, | ||
whichever is the later. | ||
(2) If satisfied that the application has been made by or on behalf of a person referred to in subsection (1) and that the Minister has been given reasonable notice of the application, the Court shall, subject to subsection (3), order that the person be released from custody under this Act. | ||
(3) If satisfied as to the matters specified in subsection (2) and also that— | ||
(a) the person's state of health or other circumstances beyond the control of the State or the requesting Convention state have prevented him or her from being conveyed out of the State, and | ||
(b) it is likely that within a reasonable time those circumstances will no longer prevent the person's conveyance out of the State, | ||
the Court may fix a period within which the person may be surrendered, and he or she shall be released from custody under this Act if not conveyed out of the State within that period. |