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Amendment of section 15 of Act of 2003
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9. Section 15 of the Act of 2003 is amended—
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(a) in subsection (1)—
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(i) in paragraph (c)—
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(I) by the deletion of “21A,”, and
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(II) by the substitution of “sections 80” for “sections 79, 80”,
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and
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(ii) in paragraph (d), by the substitution of “by, or refused under, Part 3” for “by Part 3”,
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(b) in subsection (2)—
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(i) in paragraph (c)—
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(I) by the deletion of “21A,”, and
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(II) by the substitution of “sections 80” for “sections 79, 80”,
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and
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(ii) in paragraph (d), by the substitution of “by, or refused under, Part 3” for “by Part 3”,
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(c) by the substitution of the following subsection for subsection (3):
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“(3) An order—
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(a) under subsection (1) shall, subject to section 18, be made within the period of 10 days beginning on the date on which the person provides his or her consent to the High Court to his or her being surrendered to the issuing state, or
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(b) under subsection (2) shall, following the period of time for which the person is remanded under section 14(3)(b)(ii) and subject to section 18, be made within the period of 10 days beginning on the date on which the person provides his or her consent to the High Court to his or her being surrendered to the issuing state.”,
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(d) in subsection (3A), by the substitution of “subsections (5), (5C), (6) and (6A)” for “subsections (5) and (6)”,
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(e) in subsection (4)(a), by the substitution of “within the period of 10 days referred to in paragraph (a) or (b), as applicable, of subsection (3)” for “at any time before his or her surrender to the issuing state”,
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(f) in subsection (4)(b), by the substitution of “issuing state concerned and, where appropriate, that the person has renounced his or her entitlement not to be prosecuted, sentenced or otherwise deprived of his or her liberty for an offence committed prior to his or her surrender other than that for which he or she was surrendered,” for “issuing state concerned,”,
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(g) in subsection (4)(c), by the substitution of “(or, if the person is not more than 18 years of age, in a remand centre)” for “(or, if the person is not more than 21 years of age, in a remand institution)”,
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(h) by the substitution of the following subsection for subsection (5):
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“(5) Where a person is brought before the High Court pursuant to subsection (4)(d)—
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(a) the High Court shall, if satisfied that, because of circumstances beyond the control of the State or the issuing state concerned, the person was not surrendered within the time for surrender under subsection (3A) or, as the case may be, will not be so surrendered—
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(i) notify the issuing judicial authority without delay and, with the agreement of that authority, fix a new date for the surrender of the person, and order that the person be detained in a prison (or if the person is not more than 18 years of age, in a remand centre) for a period not exceeding 10 days, pending the agreement of a date for the purpose of this subparagraph, and
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(ii) on agreement of a date under subparagraph (i), order that the person be detained in a prison (or, if the person is not more than 18 years of age, in a remand centre) for a period not exceeding 10 days after the date fixed under subparagraph (i), pending the surrender,
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(b) the High Court shall continue to apply the provisions of paragraph (a) for so long as it is satisfied that the person will not be surrendered before the expiration of the period specified under paragraph (a)(ii) because of circumstances beyond the control of the State or the issuing state concerned, and
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(c) in any other case, the High Court shall—
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(i) notify the issuing judicial authority without delay and, with the agreement of that authority, fix a new date for the surrender of the person, and
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(ii) remand the person on bail (and for that purpose the High Court shall have the same powers in relation to remand as it would have if the person was brought before it charged with an indictable offence) pending the carrying out of the order directing that the person be surrendered to the issuing state.”,
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(i) by the substitution of the following subsection for subsection (5A):
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“(5A) A person to whom an order for the time being in force under subsection (5)(a) applies shall be surrendered to the issuing state concerned not later than 10 days after any new date fixed under that subsection.”,
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(j) in subsection (5B), by the substitution of “(or, if the person is not more than 18 years of age, in a remand centre)” for “(or, if the person is not more than 21 years of age, in a remand institution)”,
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(k) by the insertion of the following subsection after subsection (5B):
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“(5C) (a) Where, in particular circumstances, the High Court has not, within 10 days beginning on the date the person provides his or her consent to the High Court to his or her being surrendered to the issuing state, made an order under subsection (1) or (2) or has decided not to make an order under subsection (1) or (2), the Court shall, without delay, direct the Central Authority in the State to inform the issuing judicial authority in relation thereto and of the reasons therefor specified in the direction, and the Central Authority in the State shall comply with the direction.
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(b) The Court may extend the period of time referred to in paragraph (a) for a further period of 30 days, where it considers it appropriate and just in the circumstances to do so.”,
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(l) by the insertion of the following subsection after subsection (6):
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“(6A) If, in exceptional circumstances, the proceedings referred to in subsection (6) have not been finally determined after the expiration of 40 days from the person’s consent, pursuant to subsection (3), the High Court shall—
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(a) notify the issuing judicial authority and Eurojust without delay, provide reasons as to why the proceedings have not yet been finalised and, on conclusion of those proceedings and with that authority’s agreement, fix a new date for the surrender of the person, and
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(b) order that the person be detained in a prison (or if the person is not more than 18 years of age, in a remand centre) for a period not exceeding 10 days after the date fixed under paragraph (a), pending the surrender.”,
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and
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(m) by the insertion of the following subsection after subsection (7):
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“(7A) The period of 40 days referred to in subsection (6A) consists of the aggregate of the initial period of 10 days referred to in subsection (3) and such further extension of 30 days as may be granted by the High Court under subsection (5C)(b).”.
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