European Arrest Warrant (Amendment) Act 2024

Amendment of section 38 of Act of 2003

24. Section 38 of the Act of 2003 is amended—

(a) in subsection (1)—

(i) by the substitution of “A person” for “Subject to subsection (2), a person”, and

(ii) in paragraph (a), by the substitution of “it is the case that” for “the offence corresponds to an offence under the law of the State, and”,

and

(b) by the insertion of the following subsection after subsection (1):

“(1A) Subject to subsection (2), the surrender of a person to an issuing state under this Act in respect of an offence may be refused where the offence does not correspond to an offence under the law of the State.”.