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Conditional surrender to State pursuant to relevant arrest warrant
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23. The Act of 2003 is amended by the insertion of the following section after section 36:
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“Conditional surrender to State pursuant to relevant arrest warrant
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36A. (1) The High Court may—
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(a) on the application of the Director of Public Prosecutions, and
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(b) where a judicial authority of an executing state indicates that it may temporarily surrender a person to the State pursuant to a relevant arrest warrant,
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agree with the judicial authority the conditions of such a temporary surrender.
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(2) The conditions agreed under subsection (1) shall be recorded in writing.
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(3) Without prejudice to the generality of subsection (1), the conditions agreed under that subsection may include—
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(a) that the person shall be returned to the executing state on conclusion of the criminal proceedings in respect of the offence specified in the relevant arrest warrant, notwithstanding that the person may be required to serve a term of imprisonment by virtue of the imposition of a sentence by a court in the State in respect of that offence, and
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(b) that the currency of a sentence imposed in the State shall not be suspended notwithstanding the return of the person to the executing state.
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(4) In this section, ‘executing state’ means, in relation to a relevant arrest warrant, a Member State (a judicial authority of which has ordered the arrest and conditional surrender to the State, pursuant to the relevant arrest warrant, of a person in respect of whom that warrant was issued).”.
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