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Extradition of person by issuing state to third state.
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82.—The Act of 2003 is amended by the substitution of the following section for section 24:
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“24.—(1) The High Court shall refuse to surrender a person under this Act if it is satisfied that—
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(a) the law of the issuing state does not provide that a person who is surrendered to it pursuant to a European arrest warrant shall not be extradited to a third country without the consent of the High Court and the Minister first being obtained, and
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(b) the person will be extradited to a third country without such consent first being obtained.
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(2) It shall be presumed that, in relation to a person to whom a European arrest warrant applies, the issuing state does not intend to extradite him or her to a third country, unless the contrary is proved.
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(3) The issuing state may request, in writing, the High Court to consent to the extradition to a third country by the issuing state of a person surrendered to the issuing state under this Act.
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(4) The High Court shall give its consent to a request under subsection (3) if it is satisfied that—
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(a) were the person concerned in the State, and
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(b) were a request for his or her extradition received in the State from the third country concerned,
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his or her extradition pursuant to such a request would not be prohibited under the Extradition Acts 1965 to 2001.”.
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