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Criminal Justice (Terrorist Offences) Act 2005 (No. 2)Introductory TextActs Referred toPart 1 Preliminary Matters (ss. 1-3A)1. Short title.2. Commencement.3. Interpretation.3A. RegulationsPart 2 Suppression of Terrorist Groups and Terrorist Offences (ss. 4-7)4. Definitions for Part 2.4A. Public provocation to commit terrorist offence4B. Recruitment for terrorism4C. Training for terrorism5. Terrorist groups.6. Terrorist offences.7. Penalties for terrorist offences.Part 3 Suppression of Hostage-Taking, Terrorist Bombing and Crimes Against Internationally Protected Persons (ss. 8-11)8. Definitions for Part 3.9. Offence of hostage-taking.10. Offence of terrorist bombing.11. Offences against internationally protected persons.Part 4 Suppression of Financing of Terrorism (ss. 12-42)12. Interpretation of Part 4.13. Offence of financing terrorism.14. Interim order freezing certain funds.15. Interlocutory order.16. Disposal order.17. Ancillary orders and provision in relation to certain profits or gains, etc.18. Evidence and proceedings relating to interim and other orders.19. Compensation.20. Application of certain provisions of Act of 1996.21. Amendment of section 3 of Act of 1994.22. Amendment of Part II of Act of 1994 - new sections 8A to 8E.23. Amendment of section 9 of Act of 1994.24. Amendment of section 10 of Act of 1994.25. Amendment of section 11 of Act of 1994.26. Amendment of section 12 of Act of 1994.27. Amendment of section 13 of Act of 1994.28. Amendment of section 17 of Act of 1994.29. Amendment of section 18 of Act of 1994.30. Amendment of section 23 of Act of 1994.31. Amendment of section 28 of Act of 1994.32. Amendment of section 32 of Act of 1994.33. Amendment of section 46 of Act of 1994.34. Amendment of section 47 of Act of 1994.35. Amendment of section 55 of Act of 1994.36. Amendment of section 57 of Act of 1994.37. Amendment of section 58 of Act of 1994.38. Amendment of section 61 of Act of 1994.39. Amendment of section 63 of Act of 1994.40. Amendment of section 64 of Act of 1994.41. Amendment of section 65 of Act of 1994.42. Power to make regulations.Part 5 Miscellaneous Matters (ss. 43-47)43. Proceedings relating to offences committed outside the State.44. Evidence in proceedings under the Act.45. Liability for offences by bodies corporate.46. Double jeopardy.47. Expenses.Part 6 Amendment of Other Acts (ss. 48-60)48. Amendment of section 21 of Act of 1939.49. Amendment of Act of 1939 - new section 21A.50. Amendment of section 22 of Act of 1939.51. Amendment of Act of 1939 - new sections 22A to 22I.52. Amendment of section 38 of Act of 1939.53. Amendment of section 49 of Act of 1939.54. Amendment and commencement of section 2 of Act of 1985.55. Amendment of section 8 of Act of 1985.56. Amendment of Defence Act 1954.57. Amendment of Extradition Act 1965.58. Amendment of Extradition (Amendment) Act 1994.59. Amendment of Criminal Procedure Act 1967.60. Amendment of Bail Act 1997.Part 7 Communications Data (ss. 61-67)61. Interpretation of this Part.62. Application of this Part.63. Retention of traffic and location data relating to communications by phone.64. Access to data retained for law enforcement and security purposes.65. Complaints procedure.66. Amendment of section 8 of Act of 1993.67. Duties of designated judge in relation to this Part.Part 8 European Arrest Warrant (ss. 68-83)68. Application of this Part.69. Issuing state presumed to comply with Framework Decision.70. Corresponding offences.71. Obligation to surrender.72. European arrest warrant.73. Amendment of section 12 of Act of 2003.74. Amendment of section 14 of Act of 2003.75. Amendment of section 15 of Act of 2003.76. Date of hearing in relation to European arrest warrant.77. Amendment of section 18 of Act of 2003.78. Amendment of section 20 of Act of 2003.79. Refusal of surrender where no decision to prosecute.80. Rule of specialty.81. Surrender of person by issuing state to other Member State.82. Extradition of person by issuing state to third state.83. Proceedings in the State.Schedule 1 Council Framework Decision of 13 June 2002 on Combating TerrorismSchedule 1A Council Framework Decision 2008/919/JHA of 28 November 2008 amending Framework Decision 2002/475/JHA on combating terrorismSchedule 1B Convention on the Prevention of TerrorismSchedule 2 Offences for purposes of Definitions of "Terrorist Activity" and "Terrorist-Linked Activity"Schedule 3 International Convention Against the Taking of HostagesSchedule 4 Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic AgentsSchedule 5 International Convention for the Suppression of Terrorist BombingsSchedule 6 Offences Against internationally protected personsSchedule 7 International Convention for the Suppression of the Financing of TerrorismExplanatory Memorandum
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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 8 March 2005 - onwards

79. Refusal of surrender where no decision to prosecute.

The Act of 2003 is amended by the insertion of the following section:

"21A.

(1) Where a European arrest warrant is issued in the issuing state in respect of a person who has not been convicted of an offence specified therein, the High Court shall refuse to surrender the person if it is satisfied that a decision has not been made to charge the person with, and try him or her for, that offence in the issuing state.

(2) Where a European arrest warrant is issued in respect of a person who has not been convicted of an offence specified therein, it shall be presumed that a decision has been made to charge the person with, and try him or her for, that offence in the issuing state, unless the contrary is proved.".

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