European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012

Amendment of section 21 of Act of 2003.

14.— The following is substituted for section 21 of the Act of 2003:

“21.— (1) The Minister may direct that a person remanded in custody under this Act or detained in a prison or remand institution pursuant to an order under subsection (1) or (2) of section 15 or (1) or (2) of section 16 be removed to a hospital or any other place if the Minister considers that in the interests of the person’s health, it is necessary that he or she be so removed, and the person shall, while detained in a hospital or other place pursuant to a direction under this subsection, be deemed to be in lawful custody.

(2) Sections 10 and 11 of the Criminal Justice Act 1960 shall apply to a person who is not less than 16, nor more than 21, years of age remanded in custody under this Act or detained in a prison or remand institution pursuant to an order under subsection (1) or (2) of section 15 or (1) or (2) of section 16, subject to the following modifications:

(a) in section 10(1), the reference to ‘a person detained under section 9 of this Act or this section’ shall be construed as a reference to ‘a person remanded in custody or detained in a prison or remand institution under the European Arrest Warrant Act 2003 ’;

(b) in section 11(1), the reference to ‘a person who is detained in a remand institution pursuant to section 9 of this Act’ shall be construed as a reference to ‘a person remanded in custody or detained in a prison or remand institution under the European Arrest Warrant Act 2003 ’; and

(c) in section 11(3), the reference to ‘section 9’ shall be construed as a reference to ‘the European Arrest Warrant Act 2003 ’.”.