Criminal Justice (Miscellaneous Provisions) Act 2009

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Amendments to section 27 of Extradition Act 1965.

24.— Section 27 (as amended by sections 6(b) and 8 of the Extradition (Amendment) Act 1994 and sections 5 and 20(d) of the Extradition (European Conventions) Act 2001) is amended—

(a) by the insertion after subsection (3) of the following new subsections:

“(3A) For the purposes of this section an alert shall be deemed to constitute a request for provisional arrest of the person named therein and the provisions of subsection (2) of this section shall not apply.

(3B) (a) The Director of Public Prosecutions shall be a judicial authority for the purposes of requesting the entry of an alert in the SIS for the arrest and extradition of the person named therein.

(b) The issue of a request for extradition by the Director of Public Prosecutions shall be deemed to constitute a request by the Director of Public Prosecutions for entry of an alert in the SIS for the arrest and extradition of the person named therein.”,

and

(b) by the insertion of the following subsection after subsection (11):

“(12) In this section—

‘ alert ’ means an alert entered in the SIS for the arrest and extradition, on foot of an extradition warrant, of the person named therein;

‘ Council Decision ’ means Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System;

‘ Schengen Convention ’ means the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders done at Schengen on 19 June 1990 and includes any amendment to or modification of that Convention whether before or after the passing of this Act but does not include the Council Decision;

‘ SIS ’ means the system referred to in Title IV of the Schengen Convention or, as appropriate, the system established under Chapter 1 of the Council Decision.”.