European Arrest Warrant Act 2003
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Postponement of surrender. |
18.—(1) The High Court may, if satisfied that circumstances exist that would warrant the postponement, on humanitarian grounds, of the surrender to the issuing state of a person to whom an order under section 15 or 16 applies, direct that the person's surrender be postponed until such date as the High Court states that, in its opinion, those circumstances no longer exist. | |
(2) Without prejudice to the generality of subsection (1), circumstances to which that paragraph applies include a manifest danger to the life or health of the person concerned likely to be occasioned by his or her surrender to the issuing state in accordance with section 15 (5) or 16 (5). | ||
(3) Subject to section 19 , where a person to whom an order under section 15 or 16 applies— | ||
(a) is being proceeded against for an offence in the State, or | ||
(b) (i) has been sentenced to a term of imprisonment for an offence of which he or she was convicted in the State, and | ||
(ii) is required to serve all or part of that term of imprisonment, | ||
the High Court may direct the postponement of that person's surrender to the issuing state until— | ||
(i) in the case of a person who is being proceeded against for an offence, the date of his or her acquittal or conviction (where he or she is not required to serve a term of imprisonment), or | ||
(ii) in the case of a person who is required to serve all or part of a term of imprisonment, the date on which he or she is no longer required to serve any part of that term of imprisonment. | ||
(4) Subject to subsection (5), a person to whom this section applies shall be surrendered to the issuing state not later than 10 days after such date (being a date that falls after the date specified in subsection (1) or subsection (3)(i) or (ii), as the case may be) as may be agreed by the Central Authority in the State and the issuing state. | ||
(5) 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. |