European Arrest Warrant (Amendment) Act 2024

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Amendment of section 16 of Act of 2003

10. Section 16 of the Act of 2003 is amended—

(a) in subsection (1)—

(i) by the substitution of “shall” for “may”,

(ii) by the substitution of “under section 13 or, subject to subsection (3),” for “under section 13 or”,

(iii) in paragraph (d)—

(I) by the deletion of “21A,”, and

(II) by the substitution of “sections 80” for “sections 79, 80”,

and

(iv) in paragraph (e), by the substitution of “by, or refused under, Part 3” for “by Part 3”,

(b) in subsection (2)—

(i) by the substitution of “shall” for “may”,

(ii) by the substitution of “under section 14 or, subject to section (3),” for “under section 14 or”,

(iii) in paragraph (c)—

(I) by the deletion of “21A,”, and

(II) by the substitution of “sections 80” for “sections 79, 80”,

and

(iv) in paragraph (d), by the substitution of “by, or refused under, Part 3” for “by Part 3”,

(c) by the substitution of the following subsection for subsection (3):

“(3) An order under subsection (1) or (2) shall, subject to subsection (3B)(b), be made not later than 60 days from the date of the person’s arrest.”,

(d) in subsection (3A), by the substitution of “subsections (3B), (5), (6), and (6A)” for “subsections (5) and (6)”,

(e) by the insertion of the following subsection after subsection (3A):

“(3B) (a) Where the High Court has not, upon the expiration of 60 days from the arrest of the person under section 13 or 14, made an order under subsection (1) or (2), it shall, without delay, so inform the issuing judicial authority.

(b) The High Court may extend the period of time specified under paragraph (a) for a further period of 30 days, where the Court considers it appropriate and just in the circumstances to do so.”,

(f) in subsection (4)(b), 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)”,

(g) by the substitution of the following subsection for subsection (5):

“(5) Where a person is brought before the High Court pursuant to subsection (4)(c)—

(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—

(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

(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,

(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

(c) in any other case, the High Court shall—

(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

(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.”,

(h) by the substitution of the following subsection for subsection (5A):

“(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.”,

(i) 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)”,

(j) in subsection (6), by the substitution of “pending, provided that the proceedings comply with the time limit specified in subsection (3) or, where applicable, (3B).” for “pending.”,

(k) by the insertion of the following subsection after subsection (6):

“(6A) If, in exceptional circumstances, the proceedings referred to in paragraph (a) or (b) of subsection (6) have not been finalised within 90 days of the person’s arrest, pursuant to section 13 or 14, the High Court shall—

(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

(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 surrender.”,

(l) by the substitution of the following subsection for subsection (9):

“(9) If the High Court has not, after the expiration of 60 days from the arrest of the person concerned under section 13 or 14, made an order under subsection (1) or (2) or subsection (1) or (2) of section 15, or has decided not to make an order under subsection (1) or (2) as the case may be, it shall direct the Central Authority in the State to—

(a) inform the issuing judicial authority without delay, and

(b) where appropriate, Eurojust,

in relation thereto and of the reasons therefor specified in the direction, and the Central Authority in the State shall comply with the direction.”,

and

(m) by the insertion of the following subsection after subsection (10):

“(10A) The period of 90 days referred to in subsection (10) consists of the aggregate of the initial period of 60 days referred to in subsection (3) and such further extension of 30 days as may be granted by the High Court under subsection (3B).”.