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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 8 March 2005 - onwards

75. Amendment of section 15 of Act of 2003.

Section 15 of the Act of 2003 is amended by -

(a) the substitution of the following subsections for subsections (1) and (2):

"(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, if he or she so consents, the High Court shall -

(a) if 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) if it is satisfied that -

(i) 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

(ii) the person has obtained, or has been afforded the opportunity of obtaining or being provided with professional legal advice before consenting to his or her surrender,

(c) if it is not required, under section 21A, 22, 23 or 24 (inserted by sections 79, 80, 81 and 82 of the Criminal Justice (Terrorist Offences) Act 2005), to refuse to surrender the person under this Act, and

(d) if the surrender of the person is not prohibited by Part 3 or the Framework Decision (including the recitals thereto),

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.