Criminal Justice (Miscellaneous Provisions) Act 2009
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Amendments to section 18 of Act of 2003. |
13.— Section 18 (as amended by section 77 of the Criminal Justice (Terrorist Offences) Act 2005 ) of the Act of 2003 is hereby amended— | |
(a) by the substitution for subsection (3) of the following subsection: | ||
“(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 the final determination of those proceedings (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.”, | ||
and | ||
(b) in subsection (4) by the substitution for “subsection (3)(i) or (ii)” of “subsection (3)(b)(I) or (II)”. |