European Arrest Warrant (Amendment) Act 2024

Amendment of section 13 of Act of 2003

6. Section 13 of the Act of 2003 is amended—

(a) by the substitution of the following subsection for subsection (2):

“(2) Upon an application under subsection (1), the High Court shall, in relation to a relevant arrest warrant, decide as soon as may be whether there has been compliance with the provisions of this Act, and, if so satisfied, shall, in accordance with the provisions of this Act, endorse the relevant arrest warrant for execution.”,

(b) in subsection (4)—

(i) in paragraph (b), by the substitution of “representation,” for “representation, and”,

(ii) in paragraph (c), by the substitution of “an interpreter, and” for “an interpreter.”, and

(iii) by the insertion of the following paragraph after paragraph (c):

“(d) in the case of a Trade and Cooperation Agreement arrest warrant, and without prejudice to paragraph (b), obtain, or be provided with, professional legal advice in the issuing state for the purposes of assisting his or her legal representatives in the State in respect of the proceedings under this Act.”,

and

(c) in subsection (5)(c)—

(i) in subparagraph (ii), by the substitution of “representation,” for “representation, and”,

(ii) in subparagraph (iii), by the substitution of “an interpreter, and” for “an interpreter.”, and

(iii) by the insertion of the following subparagraph after subparagraph (iii):

“(iv) in the case of a Trade and Cooperation Agreement arrest warrant, and without prejudice to subparagraph (ii), obtain, or be provided with, professional legal advice in the issuing state for the purposes of assisting his or her legal representatives in the State in respect of the proceedings under this Act.”.