|
|
|
Amendment of section 41 of Act of 2003
|
| |
26. Section 41 of the Act of 2003 is amended—
|
|
| |
(a) by the substitution of the following subsection for subsection (1):
|
|
| |
“(1) A person shall not be surrendered under this Act for the purpose of his or her being proceeded against in the issuing state, or for the execution of a sentence order or detention order for an offence consisting of an act or omission that constitutes an offence in respect of which final judgment has been given in the State or a Member State provided that where a sentence of imprisonment or period of detention was imposed on the person in respect of the second-mentioned offence in the State or Member State, as the case may be—
|
|
| |
(a) the person has completed serving the sentence of imprisonment or period of detention,
|
|
| |
(b) the person is otherwise no longer liable under the law of the State or the Member State, as the case may be, to serve any period of imprisonment or detention in respect of the offence, or
|
|
| |
(c) where that sentence of imprisonment or period of detention is currently being served by the person.”,
|
|
| |
and
|
|
| |
(b) in subsection (2)—
|
|
| |
(i) by the substitution of “The surrender of a person to an issuing state under this Act may be refused where the surrender is for the purpose of his or her being proceeded against in the issuing state” for “A person shall not be surrendered under this Act for the purpose of his or her being proceeded against in the issuing state”,
|
|
| |
(ii) by the substitution of “sentence of imprisonment or period of detention” for “sentence of imprisonment or detention”, and
|
|
| |
(iii) in paragraph (a), by the substitution of “sentence or period of detention” for “sentence”.
|
