Criminal Justice (Terrorist Offences) Act 2005
Amendment of section 12 of Act of 2003. |
73.—Section 12 of the Act of 2003 is amended by— | |
(a) the substitution, in subsection (2), of “issuing judicial authority or the issuing state, as may be appropriate,” for “issuing judicial authority”, | ||
(b) the insertion of the following subsection: | ||
“(3A) An undertaking required under this Act may be set out in the European arrest warrant or in a separate document.”, | ||
(c) the substitution of the following subsection for subsection (4): | ||
“(4) Notwithstanding subsection (3), the issuing judicial authority shall be deemed to have complied with subsection (1)— | ||
(a) if facsimile copies of— | ||
(i) the European arrest warrant, and | ||
(ii) where appropriate, a translation thereof, | ||
are transmitted by or on behalf of the issuing judicial authority to the Central Authority in the State, and | ||
(b) where the Minister makes regulations under subsection (10), there is, in relation to those facsimile copies, compliance with the regulations.”, | ||
(d) the substitution of the following subsection for subsection (5): | ||
“(5) Notwithstanding subsection (3), the issuing judicial authority or the issuing state, as may be appropriate, shall be deemed to have complied with subsection (2)— | ||
(a) if facsimile copies of— | ||
(i) such undertakings as are required under this Act, and | ||
(ii) where appropriate, translations thereof, | ||
are transmitted by it or on its behalf to the Central Authority in the State, and | ||
(b) where the Minister makes regulations under subsection (10) there is, in relation to those facsimile copies, compliance with the regulations.”, | ||
(e) the substitution, in subsection (6), of “issuing judicial authority or the issuing state, as may be appropriate,” for “issuing judicial authority” in each place that it occurs, | ||
(f) the substitution, in paragraph (b) of subsection (8), of “an issuing judicial authority or the issuing state, as may be appropriate,” for “a judicial authority in the issuing state”, | ||
(g) the insertion, in subsection (8), of the following new paragraph: | ||
“(c) a document referred to in section 11(2A) (inserted by section 72 (b) of the Criminal Justice (Terrorist Offences) Act 2005),”, | ||
and | ||
(h) the substitution of the following subsection for subsection (11): | ||
“(11) In this section ‘European arrest warrant’ includes a document referred to in section 11(2A) (inserted by section 72 (b) of the Criminal Justice (Terrorist Offences) Act 2005).”. |