European Arrest Warrant Act 2003
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Surrender of person by issuing state to other Member State. |
23.—(1) Subject to this section, a person shall not be surrendered under this Act unless— | |
(a) under the law of the issuing state the person shall not be surrendered to another Member State pursuant to a European arrest warrant issued by a judicial authority in that Member State in respect of an offence committed or alleged to have been committed before his or her surrender to the issuing state, or | ||
(b) an undertaking in writing is given to the High Court by the issuing judicial authority that the person will not be surrendered to another Member State pursuant to a European arrest warrant issued by a judicial authority in that Member State in respect of such an offence. | ||
(2) Subject to subsection (3), a person shall not be surrendered under this Act unless— | ||
(a) under the law of the issuing state a person shall not be surrendered, or | ||
(b) an undertaking in writing is given to the High Court by or on behalf of the issuing judicial authority that the person will not be surrendered, | ||
to another Member State pursuant to a European arrest warrant issued by a judicial authority in that Member State— | ||
(i) (I) before the expiration of a period of 45 days from the date of the person's final discharge in respect of the offence for which he or she is surrendered to the issuing state during which time he shall be free to leave the issuing state, or | ||
(II) unless having been so discharged he or she leaves the issuing state and later returns thereto, | ||
or | ||
(ii) unless— | ||
(I) he or she voluntarily gives his or her consent to being so surrendered to another Member State and is fully aware of the consequences of his or her so doing, | ||
(II) that consent is given before the competent judicial authority of the issuing state, and | ||
(III) he or she obtains or is given the opportunity to obtain professional legal advice in relation to the matters to which this paragraph applies before he or she gives that consent. | ||
(3) The surrender of a person under this Act shall not be refused on the ground that, in relation to the issuing state, there is no compliance with subsection (2)(a) or (b), provided that— | ||
(a) in relation to the person, the High Court is satisfied as to the matters specified in section 22 (6)(ii), or | ||
(b) the Central Authority in the State gives its consent under subsection (4). | ||
(4) (a) An issuing judicial authority may request the Central Authority in the State to consent to a person named in a European arrest warrant being surrendered by the issuing state concerned to another Member State pursuant to a European arrest warrant issued by a judicial authority in that other Member State in respect of that person. | ||
(b) Upon receipt of a request under paragraph (a) the Central Authority in the State shall give its consent to the surrender of the person to the other Member State by the issuing state unless the surrender of the person in respect of the offence specified in the European arrest warrant issued by a judicial authority in that other Member State would, if that person's surrender were sought by that other Member State under this Act, be prohibited under Part 3 or the Framework Decision (including the recitals thereto). |