European Arrest Warrant Act 2003

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Committal of person named in European arrest warrant.

16.—(1) Where a person does not consent to his or her surrender to the issuing state or has withdrawn his or her consent under section 15 (9), the High Court may, upon such date as is fixed under section 13 , make an order directing that the person be surrendered to such other person as is duly authorised by the issuing state to receive him or her provided that—

(a) the High Court is satisfied that the person before it is the person in respect of whom the European arrest warrant was issued,

(b) the European arrest warrant, or a facsimile or true copy thereof, has been endorsed in accordance with section 13 for execution of the warrant,

(c) such undertakings as are required under this Act, or facsimile or true copies thereof, are provided to the court.

(d) the surrender of the person is not prohibited by section 22 , 23 or 24 , and

(e) the surrender of the person is not prohibited by Part 3 or the Framework Decision (including the recitals thereto).

(2) Where a person does not consent to his or her surrender to the issuing state or has withdrawn his or her consent under section 15 (9), the High Court may, upon such date as is fixed under section 14 , make an order directing that the person be surrendered to such other person as is duly authorised by the issuing state to receive him or her, provided that—

(a) the European arrest warrant and, where appropriate, a statement under section 11 (3), and such other undertakings as are required under this Act, or facsimile copies or true copies thereof are provided to the court,

(b) the High Court is satisfied that the person before it is the person in respect of whom the European arrest warrant was issued,

(c) the surrender of the person is not prohibited by section 22 , 23 or 24 , and

(d) the surrender of the person is not prohibited by Part 3 or the Framework Decision (including the recitals thereto).

(3) An order under this section shall not take effect until the expiration of 15 days beginning on the date of the making of the order.

(4) When making an order under this section the High Court shall also make an order committing the person to a prison (or if he or she is not more than 21 years of age, to a remand institution) there to remain pending his or her surrender in accordance with the order under this section, and shall inform the person—

(a) that he or she will not, without his or her consent, be surrendered to the issuing state, before the expiration of the period of 15 days specified in subsection (3), and

(b) of his or her right to make a complaint under Article 40.4.2° of the Constitution at any time before his or her surrender to the issuing state.

(5) Subject to subsection (6) and section 18 , a person to whom an order for the time being in force under this section applies shall be surrendered to the issuing state not later than 10 days after—

(a) the expiration of the period specified in subsection (3), or

(b) such date (being a date that falls after the expiration of that period) as may be agreed by the Central Authority in the State and the issuing state.

(6) Where a person makes a complaint under Article 40.4.2° of the Constitution, he or she shall not be surrendered to the issuing state while proceedings relating to the complaint are pending.

(7) Subject to subsection (9), a person (to whom an order for the time being in force under this section applies) who is not surrendered to the issuing state in accordance with subsection (5), shall be released from custody immediately upon the expiration of the 10 days referred to in subsection (5), unless, upon such expiration, proceedings referred to in subsection (6) are pending.

(8) Where the High Court decides not to make an order under this section—

(a) it shall give reasons for its decision, and

(b) the person shall, subject to subsection (9), be released from custody.

(9) Subsection (8) shall not apply if—

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

(ii) on the date on which he or she would, but for this subsection, be entitled to be released under subsection (8), all or part of the term of imprisonment remains unexpired, and

(iii) the person is required to serve all or part of the remainder of that term of imprisonment,

or

(b)  (i) the person has been charged with or convicted of an offence in the State, and

(ii) on the date on which he or she would, but for this paragraph, be entitled to be released from custody under subsection (8), he or she is required to be in custody by virtue of having been remanded in custody pending his or her being tried, or the imposition of sentence, in respect of that offence.

(10) If the High Court has not, after the expiration of 60 days from the arrest of the person concerned under section 13 or 14 , made an order under this section or section 15 , or has decided not to make an order under this section, it shall direct the Central Authority in the State to inform the issuing judicial authority and, where appropriate, Eurojust in relation thereto and of the reasons therefor specified in the direction, and the Central Authority in the State shall comply with such direction.

(11) If the High Court has not, after the expiration of 90 days from the arrest of the person concerned under section 13 or 14 , made an order under this section or section 15 , or has decided not to make an order under this section, it shall direct the Central Authority in the State to inform the issuing judicial authority and, where appropriate, Eurojust in relation thereto and of the reason therefor specified in the direction, and the Central Authority in the State shall comply with such direction.

(12) An appeal against an order under this section or a decision not to make such an order may be brought in the Supreme Court on a point of law only.