European Arrest Warrant Act 2003
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Consent to surrender. |
15.—(1) Where a person is brought before the High Court under section 13 , he or she may consent to his or her being surrendered to the issuing state and, where he or she does so consent, the High Court shall, if it is satisfied that— | |
(a) the European arrest warrant, or a facsimile or true copy thereof, has been endorsed in accordance with section 13 for execution of the warrant, | ||
(b) the surrender of the person is not prohibited by section 22 , 23 or 24 , | ||
(c) the surrender of the person is not prohibited by Part 3 or the Framework Decision (including the recitals thereto), | ||
(d) the person voluntarily consents to his or her being surrendered to the issuing state concerned and is aware of the consequences of his or her so consenting, and | ||
(e) the person has obtained, or been given the opportunity of obtaining or being provided with, professional legal advice before consenting to his or her surrender, | ||
make an order directing that the person be surrendered to such other person as is duly authorised by the issuing state to receive him or her. | ||
(2) Where a person is brought before the High Court under section 14 , he or she may consent to his or her being surrendered to the issuing state and, where he or she does so consent, the High Court shall— | ||
(a) upon production to it of the European arrest warrant and, where appropriate, a statement under section 11 (3), or facsimile or true copies thereof, and | ||
(b) if it is satisfied that— | ||
(i) the surrender of the person is not prohibited by section 22 , 23 or 24 , | ||
(ii) the surrender of the person is not prohibited by Part 3 or the Framework Decision (including the recitals thereto), | ||
(iii) the person voluntarily consents to his or her being surrendered to the issuing state and is aware of the consequences of his or her so consenting, and | ||
(iv) the person has obtained, or been given the opportunity of obtaining or being provided with, professional legal advice and representation before consenting to his or her surrender, | ||
make an order directing that the person be surrendered to such other person as is duly authorised by the issuing state to receive him or her. | ||
(3) An order under this section shall not take effect until the expiration of a period of 10 days beginning on the date of the making of the order. | ||
(4) Where the High Court makes an order under this section, it shall— | ||
(a) inform the person to whom the order relates of his or her right to make a complaint under Article 40.4.2° of the Constitution at any time before his or her surrender to the issuing state, | ||
(b) record in writing that the person concerned has consented to his or her being surrendered to the issuing state concerned, and | ||
(c) commit the person to a prison (or, if the person is not more than 21 years of age, to a remand institution) pending the carrying out of the terms of the order. | ||
(5) Subject to subsection (6) and section 18 , a person to whom an order for the time being in force under this section applies shall be surrendered to the issuing state concerned not later than 10 days after— | ||
(a) the expiration of the period specified in subsection (3), or | ||
(b) such date (being a date that falls after the expiration of that period) as may be agreed by the Central Authority in the State and the issuing state. | ||
(6) Where a person makes a complaint under Article 40.4.2° of the Constitution, he or she shall not be surrendered to the issuing state while proceedings relating to the complaint are pending. | ||
(7) Subject to subsection (8), a person (to whom an order for the time being in force under this section applies) who is not surrendered to the issuing state in accordance with subsection (5), shall be released from custody immediately upon the expiration of the 10 days referred to in subsection (5), unless, upon such expiration, proceedings referred to in subsection (6) are pending. | ||
(8) Subsection (7) shall not apply if— | ||
(a) (i) the person has been sentenced to a term of imprisonment for an offence of which he or she was convicted in the State, | ||
(ii) on the date on which he or she would, but for this subsection, be entitled to be released from custody under subsection (7), all or part of that term of imprisonment remains unexpired, and | ||
(iii) the person is required to serve all or part of the remainder of that term of imprisonment, | ||
or | ||
(b) (i) the person has been charged with or convicted of an offence in the State, and | ||
(ii) on the date on which he or she would, but for this paragraph, be entitled to be released from custody under subsection (7), he or she is required to be in custody by virtue of having been remanded in custody pending his or her being tried, or the imposition of sentence, in respect of that offence. | ||
(9) A person who has consented under this section to his or her being surrendered may, at any time thereafter but before his or her surrender in accordance with an order under this section, withdraw his or her consent and, where he or she withdraws his or her consent— | ||
(a) the order made by the High Court under this section shall stand annulled, and | ||
(b) the period between the giving of such consent before the High Court and the withdrawal by him or her of such consent shall not be taken into account for the purposes of calculating the periods specified in subsections (10) and (11) of section 16 . |