European Arrest Warrant Act 2003
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Rule of speciality disapplied. |
22.—(1) Subject to this section, a person shall not be surrendered under this Act unless— | |
(a) under the law of the issuing state a person who is surrendered to it pursuant to a European arrest warrant shall not be proceeded against, sentenced, or detained for the purposes of executing a sentence or detention order, or otherwise restricted in his or her personal freedom, for an offence committed before his or her surrender other than the offence (in respect of which he or she is surrendered) specified in the European arrest warrant, or | ||
(b) an undertaking in writing is given to the High Court by the issuing judicial authority that the person will not be proceeded against, sentenced, or detained for the purposes of executing a sentence or detention order, or otherwise restricted in his or her personal freedom, for an offence committed before his or her surrender other than the offence (in respect of which he or she is surrendered) specified in the European arrest warrant concerned. | ||
(2) The surrender of a person under this Act shall not be refused on the ground that it is intended to proceed against him or her in the issuing state for an offence (other than the offence specified in the European arrest warrant) alleged to have been committed by him or her before his or her surrender provided that— | ||
(a) upon conviction he or she is not liable to a term of imprisonment or detention, or | ||
(b) in circumstances where upon conviction he or she is liable to a term of imprisonment or detention and such other penalty as does not involve a restriction of his or her personal liberty, the High Court is satisfied that the said other penalty only will be imposed should he or she be convicted of the offence concerned. | ||
(3) The surrender of a person under this Act shall not be refused on the ground that it is intended to impose in the issuing state a penalty (other than a penalty consisting of the restriction of the person's liberty) including a financial penalty in respect of an offence— | ||
(a) of which the person claimed has been convicted, | ||
(b) that was committed before his or her surrender, and | ||
(c) that is not the offence specified in the European arrest warrant, | ||
notwithstanding that where such person fails or refuses to pay the penalty concerned (or, in the case of a penalty that is not a financial penalty, fails or refuses to submit to any measure or comply with any requirements of which the penalty consists) he or she may, under the law of the issuing state be detained or otherwise deprived of his or her personal liberty. | ||
(4) The surrender of a person under this Act shall not be refused on the ground that it is intended to proceed against or detain him or her in the issuing state for the purpose of executing a sentence or order of detention in respect of an offence— | ||
(a) of which the person claimed has been convicted, | ||
(b) that was committed before his or her surrender, and | ||
(c) that is not the offence specified in the European arrest warrant concerned, | ||
or otherwise restrict his or her personal liberty as a consequence of being convicted of such offence provided that— | ||
(i) after his or her surrender he or she consents to such execution or to his or her personal liberty being so restricted, and | ||
(ii) under the law of the issuing state such consent shall be given before the competent judicial authority in the issuing state and be recorded in accordance with the law of the issuing state. | ||
(5) (a) The surrender of a person under this Act shall not be refused on the ground that it is intended— | ||
(i) to proceed against him or her in the issuing state for an offence committed or alleged to have been committed by the person before his or her surrender, | ||
(ii) to impose in the issuing state a penalty (including a penalty consisting of a restriction of the person's liberty), in respect of an offence of which he or she was convicted before his or her surrender, or | ||
(iii) to proceed against or detain him or her in the issuing state for the purpose of executing a sentence or order of detention in respect of an offence of which the person was convicted before his or her surrender, | ||
provided that, upon the receipt of a request in writing from the issuing judicial authority in that behalf by the Central Authority in the State, the Central Authority in the State consents to the person's surrender. | ||
(b) In this subsection “offence” means an offence— | ||
(i) other than— | ||
(I) the offence specified in the European arrest warrant concerned, and | ||
(II) an offence in respect of which a person could not, by virtue of Part 3 or the Framework Decision (including the recitals thereto), be surrendered under this Act, | ||
and | ||
(ii) that is an offence under the law of the issuing state— | ||
(I) on the day of its commission or alleged commission, and | ||
(II) on the day on which the European arrest warrant is issued. | ||
(6) The surrender of a person under this Act shall not be refused on the ground that it is intended— | ||
(a) to proceed against him or her in the issuing state for an offence committed or alleged to have been committed by him or her before his or her surrender, | ||
(b) to impose in the issuing state a penalty (including a penalty consisting of a restriction of the person's liberty) in respect of an offence of which he or she was convicted before his or her surrender, or | ||
(c) to proceed against or detain him or her in the issuing state for the purpose of executing a sentence or order of detention in respect of an offence of which the person was convicted before his or her surrender, | ||
where the offence concerned is not the offence specified in the European arrest warrant, provided that— | ||
(i) an undertaking in writing is given by or on behalf of the issuing judicial authority to the High Court that the person will not be so proceeded against and no such penalty will be imposed before the expiration of a period of 45 days from the date of the person's final discharge in respect of the offence for which he or she is surrendered during which he or she shall be free to leave the issuing state, or unless having been so discharged he or she leaves the issuing state and later returns thereto, | ||
(ii) the High Court is satisfied that— | ||
(I) the person consents to being surrendered under section 15 , | ||
(II) at the time of so consenting he or she consented to being so proceeded against or to such a penalty being imposed and was aware of the consequences of his or her so doing, and | ||
(III) the person obtained or was given the opportunity to obtain professional legal advice in relation to the matters to which this subparagraph applies before so consenting, | ||
or | ||
(iii) an undertaking in writing is given by or on behalf of the issuing judicial authority to the High Court that the person will not be so proceeded against or detained, and no such penalty will be imposed, unless— | ||
(I) the person voluntarily gives his or her consent to being so proceeded against or detained, or to such a penalty being imposed, and is fully aware of the consequences of so doing, | ||
(II) that consent is given before the competent judicial authority in the issuing state, and | ||
(III) the person obtains or is given the opportunity to obtain professional legal advice in the issuing state in relation to the matters to which this subparagraph applies before so consenting. |