TITLE VII: SURRENDER
Article LAW.SURR.76: Objective
The objective of this Title is to ensure that the extradition system between the Member States, on the one side, and the United Kingdom, on the other side, is based on a mechanism of surrender pursuant to an arrest warrant in accordance with the terms of this Title.
Article LAW.SURR.77: Principle of proportionality
Cooperation through the arrest warrant shall be necessary and proportionate, taking into account the rights of the requested person and the interests of the victims, and having regard to the seriousness of the act, the likely penalty that would be imposed and the possibility of a State taking measures less coercive than the surrender of the requested person particularly with a view to avoiding unnecessarily long periods of pre-trial detention.
Article LAW.SURR.78: Definitions For the purposes of this Title, the following definitions apply:
(a) “arrest warrant” means a judicial decision issued by a State with a view to the arrest and surrender by another State of a requested person, for the purposes of conducting a criminal prosecution or executing a custodial sentence or detention order;
(b) “judicial authority” means an authority that is, under domestic law, a judge, a court or a public prosecutor. A public prosecutor is considered a judicial authority only to the extent that domestic law so provides;
(c) “executing judicial authority” means the judicial authority of the executing State which is competent to execute the arrest warrant by virtue of the domestic law of that State;
(d) “issuing judicial authority” means the judicial authority of the issuing State which is competent to issue an arrest warrant by virtue of the domestic law of that State.
Article LAW.SURR.79: Scope
1. An arrest warrant may be issued for acts punishable by the law of the issuing State by a custodial sentence or a detention order for a maximum period of at least 12 months or, where a sentence has been passed or a detention order has been made, for sentences or detention orders of at least four months.
2. Without prejudice to paragraphs 3 and 4, surrender is subject to the condition that the acts for which the arrest warrant has been issued constitute an offence under the law of the executing State, whatever the constituent elements or however it is described.
3. Subject to Article LAW.SURR.80 [Grounds for mandatory non-execution of the arrest warrant], points (b) to (h) of Article LAW.SURR.81(1) [Other grounds for non-execution of the arrest warrant], Article LAW.SURR.82 [Political offence exception], Article LAW.SURR.83 [Nationality exception] and Article LAW.SURR.84 [Guarantees to be given by the issuing State in particular cases], a State shall not refuse to execute an arrest warrant issued in relation to the following behaviour where such behaviour is punishable by deprivation of liberty or a detention order of a maximum period of at least 12 months:
(a) the behaviour of any person who contributes to the commission by a group of persons acting with a common purpose of one or more offences in the field of terrorism referred to in Articles 1 and 2 of the European Convention on the Suppression of Terrorism, done at Strasbourg on 27 January 1977, or in relation to illicit trafficking in narcotic drugs and psychotropic substances, or murder, grievous bodily injury, kidnapping, illegal restraint, hostage-taking or rape, even where that person does not take part in the actual execution of the offence or offences concerned; such contribution must be intentional and made with the knowledge that the participation will contribute to the achievement of the group’s criminal activities; or
(b) terrorism as defined in ANNEX LAW-7.
4. The United Kingdom and the Union, acting on behalf of any of its Member States, may each notify the Specialised Committee on Law Enforcement and Judicial Cooperation that, on the basis of reciprocity, the condition of double criminality referred to in paragraph 2 will not be applied, provided that the offence on which the warrant is based is:
(a) one of the offences listed in paragraph 5, as defined by the law of the issuing State; and
(b) punishable in the issuing State by a custodial sentence or a detention order for a maximum period of at least three years.
5. The offences referred to in paragraph 4 are:
* participation in a criminal organisation;
* terrorism as defined in ANNEX LAW-7;
* trafficking in human beings;
* sexual exploitation of children and child pornography;
* illicit trafficking in narcotic drugs and psychotropic substances;
* illicit trafficking in weapons, munitions and explosives;
* corruption, including bribery;
* fraud, including that affecting the financial interests of the United Kingdom, a Member State or the Union;
* laundering of the proceeds of crime;
* counterfeiting currency;
* computer-related crime;
* environmental crime, including illicit trafficking in endangered animal species and endangered plant species and varieties;
* facilitation of unauthorised entry and residence;
* murder;
* grievous bodily injury;
* illicit trade in human organs and tissue;
* kidnapping, illegal restraint and hostage-taking;
* racism and xenophobia;
* organised or armed robbery;
* illicit trafficking in cultural goods, including antiques and works of art;
* swindling;
* racketeering and extortion;
* counterfeiting and piracy of products;
* forgery of administrative documents and trafficking therein;
* forgery of means of payment;
* illicit trafficking in hormonal substances and other growth promoters;
* illicit trafficking in nuclear or radioactive materials;
* trafficking in stolen vehicles;
* rape;
* arson;
* crimes within the jurisdiction of the International Criminal Court;
* unlawful seizure of aircraft, ships or spacecraft; and
* sabotage.
Article LAW.SURR.80: Grounds for mandatory non-execution of the arrest warrant The execution of the arrest warrant shall be refused:
(a) if the offence on which the arrest warrant is based is covered by an amnesty in the executing State, where that State had jurisdiction to prosecute the offence under its own criminal law;
(b) if the executing judicial authority is informed that the requested person has been finally judged by a State in respect of the same acts, provided that, if a penalty has been imposed, it has been enforced, is in the process of being enforced or can no longer be enforced under the law of the sentencing State; or
(c) if the person who is the subject of the arrest warrant may not, owing to the person’s age, be held criminally responsible for the acts on which the arrest warrant is based under the law of the executing State.
Article LAW.SURR.81: Other grounds for non-execution of the arrest warrant
1. The execution of the arrest warrant may be refused:
(a) if, in one of the cases referred to in Article LAW.SURR.79(2) [Scope], the act on which the arrest warrant is based does not constitute an offence under the law of the executing State; however, in relation to taxes or duties, customs and exchange, the execution of the arrest warrant shall not be refused on the grounds that the law of the executing State does not impose the same kind of tax or duty or does not contain the same type of rules as regards taxes or duties, customs and exchange regulations as the law of the issuing State;
(b) if the person who is the subject of the arrest warrant is being prosecuted in the executing State for the same act as that on which the arrest warrant is based;
(c) if the judicial authorities of the executing State have decided either not to prosecute for the offence on which the arrest warrant is based or to halt proceedings, or if a final judgment which prevents further proceedings has been passed upon the requested person in a State in respect of the same acts;
(d) if the criminal prosecution or punishment of the requested person is statute-barred under the law of the executing State and the acts fall within the jurisdiction of that State under its own criminal law;
(e) if the executing judicial authority is informed that the requested person has been finally judged by a third country in respect of the same acts provided that, if a penalty has been imposed, it
has been enforced, is in the process of being enforced or can no longer be enforced under the law of the sentencing country;
(f) if the arrest warrant has been issued for the purposes of execution of a custodial sentence or detention order and the requested person is staying in, or is a national or a resident of the executing State and that State undertakes to execute the sentence or detention order in accordance with its domestic law; if consent of the requested person to the transfer of the sentence or detention order to the executing State is required, the executing State may refuse to execute the arrest warrant only after the requested person consents to the transfer of the sentence or detention order;
(g) if the arrest warrant relates to offences which:
(i) are regarded by the law of the executing State as having been committed in whole or in part in the territory of the executing State or in a place treated as such or
(ii) have been committed outside the territory of the issuing State, and the law of the executing State does not allow prosecution for the same offences if committed outside its territory;
(h) if there are reasons to believe on the basis of objective elements that the arrest warrant has been issued for the purpose of prosecuting or punishing a person on the grounds the person’s sex, race, religion, ethnic origin, nationality, language, political opinions or sexual orientation, or that that person’s position may be prejudiced for any of those reasons;
(i) if the arrest warrant has been issued for the purpose of executing a custodial sentence or a detention order and the requested person did not appear in person at the trial resulting in the decision, unless the arrest warrant states that the person, in accordance with further procedural requirements defined in the domestic law of the issuing State:
(i) in due time:
(A) either was summoned in person and thereby informed of the scheduled date and place of the trial which resulted in the decision, or by other means actually received official information of the scheduled date and place of that trial in such a manner that it was unequivocally established that the person was aware of the date and place of the scheduled trial;
and
(B) was informed that a decision may be handed down if that person did not appear for the trial;
or
(ii) being aware of the date and place of the scheduled trial, had given a mandate to a lawyer, who was either appointed by the person concerned or by the State, to defend him or her at the trial, and was indeed defended by that lawyer at the trial;
or
(iii) after being served with the decision and being expressly informed about the right to a retrial or appeal in which the person has the right to participate and which allows the merits of the case, including fresh evidence, to be re-examined, and which may lead to the original decision being reversed:
(A) expressly stated that the person did not contest the decision; or
(B) did not request a retrial or appeal within the applicable time frame;
or
(iv) was not personally served with the decision but:
(A) will be personally served with it without delay after the surrender and will be expressly informed of the right to a retrial or appeal in which the person has the right to participate and which allows the merits of the case, including fresh evidence, to be re-examined, and which may lead to the original decision being reversed;
and
(B) will be informed of the time frame within which the person has to request such a retrial or appeal, as mentioned in the relevant arrest warrant.
2. Where the arrest warrant is issued for the purpose of executing a custodial sentence or detention order under the conditions in point (i) (iv) of paragraph 1 and the person concerned has not previously received any official information about the existence of the criminal proceedings against him or her, that person may, when being informed about the content of the arrest warrant, request to receive a copy of the judgment before being surrendered. Immediately after having been informed about the request, the issuing authority shall provide the copy of the judgment via the executing authority to the person concerned. The request of the person concerned shall neither delay the surrender procedure nor delay the decision to execute the arrest warrant. The provision of the judgment to the person concerned shall be for information purposes only; it shall not be regarded as a formal service of the judgment nor actuate any time limits applicable for requesting a retrial or appeal.
3. Where a person is surrendered under the conditions in point (i) (iv) of paragraph 1 and that person has requested a retrial or appeal, until those proceedings are finalised the detention of that person awaiting such retrial or appeal shall be reviewed in accordance with the domestic law of the issuing State, either on a regular basis or upon request of the person concerned. Such a review shall in particular include the possibility of suspension or interruption of the detention. The retrial or appeal shall begin within due time after the surrender.
Article LAW.SURR.82: Political offence exception
1. The execution of an arrest warrant may not be refused on the grounds that the offence may be regarded by the executing State as a political offence, as an offence connected with a political offence or as an offence inspired by political motives.
2. However, the United Kingdom and the Union, acting on behalf of any of its Member States, may each notify the Specialised Committee on Law Enforcement and Judicial Cooperation that paragraph 1 will be applied only in relation to:
(a) the offences referred to in Articles 1 and 2 of the European Convention on the Suppression of Terrorism;
(b) offences of conspiracy or association to commit one or more of the offences referred to in Articles 1 and 2 of the European Convention on the Suppression of Terrorism, if those offences of conspiracy or association correspond to the description of behaviour referred to in Article LAW.SURR.79(3) [Scope] of this Agreement; and
(c) terrorism as defined in ANNEX LAW-7 to this Agreement.
3. Where an arrest warrant has been issued by a State having made a notification as referred to in paragraph 2 or by a State on behalf of which such a notification has been made, the State executing the arrest warrant may apply reciprocity.
Article LAW.SURR.83: Nationality exception
1. The execution of an arrest warrant may not be refused on the grounds that the requested person is a national of the executing State.
2. The United Kingdom, and the Union, acting on behalf of any of its Member States, may each notify the Specialised Committee on Law Enforcement and Judicial Cooperation that that State’s own nationals will not be surrendered or that the surrender of their own nationals will be authorised only under certain specified conditions. The notification shall be based on reasons related to the fundamental principles or practice of the domestic legal order of the United Kingdom or the State on behalf of which a notification was made. In such a case, the Union, on behalf of any of its Member States or the United Kingdom, as the case may be, may notify the Specialised Committee on Law Enforcement and Judicial Cooperation within a reasonable time after the receipt of the other Party’s notification that the executing judicial authorities of the Member State or the United Kingdom, as the case may be, may refuse to surrender its nationals to that State or that surrender shall be authorised only under certain specified conditions.
3. In circumstances where a State has refused to execute an arrest warrant on the basis that, in the case of the United Kingdom, it has made a notification or, in the case of a Member State, the Union has made a notification on its behalf, as referred to in paragraph 2, that State shall consider instituting proceedings against its own national which are commensurate with the subject matter of the arrest warrant, having taken into account the views of the issuing State. In circumstances where a judicial authority decides not to institute such proceedings, the victim of the offence on which the arrest warrant is based shall be able to receive information on the decision in accordance with the applicable domestic law.
4. Where a State’s competent authorities institute proceedings against its own national in accordance with paragraph 3, that State shall ensure that its competent authorities are able to take appropriate measures to assist the victims and witnesses in circumstances where they are residents of another State, particularly with regard to the way in which the proceedings are conducted.
Article LAW.SURR.84: Guarantees to be given by the issuing State in particular cases
The execution of the arrest warrant by the executing judicial authority may be subject to the following guarantees:
(a) if the offence on which the arrest warrant is based is punishable by a custodial life sentence or a lifetime detention order in the issuing State, the executing State may make the execution of the arrest warrant subject to the condition that the issuing State gives a guarantee deemed sufficient by the executing State that the issuing State will review the penalty or measure imposed, on request or at the latest after 20 years, or will encourage the application of measures of clemency for which the person is entitled to apply under the law or practice of the issuing State, aiming at the non-execution of such penalty or measure;
(b) if a person who is the subject of an arrest warrant for the purposes of prosecution is a national or resident of the executing State, the surrender of that person may be subject to the condition that the person, after being heard, is returned to the executing State in order to serve there the custodial sentence or detention order passed against him or her in the issuing State; if the consent of the requested person to the transfer of the sentence or detention order to the executing State is required, the guarantee that the person be returned to the executing State to serve the person’s sentence is subject to the condition that the requested person, after being heard, consents to be returned to the executing State;
(c) if there are substantial grounds for believing that there is a real risk to the protection of the fundamental rights of the requested person, the executing judicial authority may require, as appropriate, additional guarantees as to the treatment of the requested person after the person’s surrender before it decides whether to execute the arrest warrant.
Article LAW.SURR.85: Recourse to the central authority
1. The United Kingdom and the Union, acting on behalf of any of its Member States, may each notify the Specialised Committee on Law Enforcement and Judicial Cooperation of, in the case of the United Kingdom, the its central authority and, in the case of the Union, the central authority for each State, having designated such an authority, or, if the legal system of the relevant State so provides, of more than one central authority to assist the competent judicial authorities.
2. When notifying the Specialised Committee on Law Enforcement and Judicial Cooperation under paragraph 1, the United Kingdom and the Union, acting on behalf of any of its Member States, may each indicate that, as a result of the organisation of the internal judicial system of the relevant States, the central authority or central authorities are responsible for the administrative transmission and receipt of arrest warrants as well as for all other official correspondence relating to the administrative transmission and receipt of arrest warrants. Such indication shall be binding upon all the authorities of the issuing State.
Article LAW.SURR.86: Content and form of the arrest warrant
1. The arrest warrant shall contain the following information set out in accordance with the form contained in ANNEX LAW-5:
(a) the identity and nationality of the requested person;
(b) the name, address, telephone and fax numbers and e-mail address of the issuing judicial authority;
(c) evidence of an enforceable judgment, an arrest warrant or any other enforceable judicial decision having the same effect that fall within the scope of Article LAW.SURR.79 [Scope];
(d) the nature and legal classification of the offence, particularly in respect of Article LAW.SURR.79 [Scope];
(e) a description of the circumstances in which the offence was committed, including the time, place and degree of participation in the offence by the requested person;
(f) the penalty imposed, if there is a final judgment, or the prescribed scale of penalties for the offence under the law of the issuing State; and
(g) if possible, other consequences of the offence.
2. The arrest warrant shall be translated into the official language or one of the official languages of the executing State. The United Kingdom and the Union, acting on behalf of any of its Member States, may each notify the Specialised Committee on Law Enforcement and Judicial Cooperation that a translation in one or more other official languages of a State will be accepted.
Article LAW.SURR.87: Transmission of an arrest warrant
If the location of the requested person is known, the issuing judicial authority may transmit the arrest warrant directly to the executing judicial authority.
Article LAW.SURR.88: Detailed procedures for transmitting an arrest warrant
1. If the issuing judicial authority does not know which authority is the competent executing judicial authority, it shall make the requisite enquiries, in order to obtain that information from the executing State.
2. The issuing judicial authority may request the International Criminal Police Organisation (“Interpol”) to transmit an arrest warrant.
3. The issuing judicial authority may transmit the arrest warrant by any secure means capable of producing written records under conditions allowing the executing State to establish the authenticity of the arrest warrant.
4. All difficulties concerning the transmission or the authenticity of any document needed for the execution of the arrest warrant shall be dealt with by direct contacts between the judicial authorities involved, or, where appropriate, with the involvement of the central authorities of the States.
5. If the authority which receives an arrest warrant is not competent to act upon it, it shall automatically forward the arrest warrant to the competent authority in its State and shall inform the issuing judicial authority accordingly.
Article LAW.SURR.89: Rights of a requested person
1. If a requested person is arrested for the purpose of the execution of an arrest warrant, the executing judicial authority, in accordance with its domestic law, shall inform that person of the arrest warrant and of its contents, and also of the possibility of consenting to surrender to the issuing State.
2. A requested person who is arrested for the purpose of the execution of an arrest warrant and who does not speak or understand the language of the arrest warrant proceedings shall have the right to be assisted by an interpreter and to be provided with a written translation in the native language of the requested person or in any other language which that person speaks or understands, in accordance with the domestic law of the executing State.
3. A requested person shall have the right to be assisted by a lawyer in accordance with the domestic law of the executing State upon arrest.
4. The requested person shall be informed of the person’s right to appoint a lawyer in the issuing State for the purpose of assisting the lawyer in the executing State in the arrest warrant proceedings. This paragraph is without prejudice to the time limits set out in Article LAW.SURR.101 [Time limits for surrender of the person].
5. A requested person who is arrested shall have the right to have the consular authorities of that person’s State of nationality, or if that person is stateless, the consular authorities of the State where that person usually resides, informed of the arrest without undue delay and to communicate with those authorities, if that person so wishes.
Article LAW.SURR.90: Keeping the person in detention
When a person is arrested on the basis of an arrest warrant, the executing judicial authority shall take a decision on whether the requested person should remain in detention, in accordance with the law of the executing State. The person may be released provisionally at any time in accordance with the domestic law of the executing State, provided that the competent authority of that State takes all the measures it deems necessary to prevent the person from absconding.
Article LAW.SURR.91: Consent to surrender
1. If the arrested person indicates that he or she consents to surrender, that consent and, if appropriate, the express renunciation of entitlement to the speciality rule referred to in Article LAW.SURR.105(2) [Possible prosecution for other offences] must be given before the executing judicial authority, in accordance with the domestic law of the executing State.
2. Each State shall adopt the measures necessary to ensure that the consent and, where appropriate, the renunciation referred to in paragraph 1 are established in such a way as to show that the person concerned has expressed them voluntarily and in full awareness of the consequences. To that end, the requested person shall have the right to a lawyer.
3. The consent and, where appropriate, the renunciation referred to in paragraph 1 shall be formally recorded in accordance with the procedure laid down by the domestic law of the executing State.
4. In principle, consent may not be revoked. Each State may provide that the consent and, if appropriate, the renunciation referred to in paragraph 1 of this Article may be revoked in accordance with the rules applicable under its domestic law. In such a case, the period between the date of the consent and that of its revocation shall not be taken into consideration in establishing the time limits laid down in Article LAW.SURR.101 [Time limits for surrender of the person]. The United Kingdom and the Union, acting on behalf of any of its Member States, may each notify the Specialised Committee on Law Enforcement and Judicial Cooperation that it wishes to have recourse to this possibility, specifying the procedures whereby revocation of the consent is possible and any amendments to those procedures.
Article LAW.SURR.92: Hearing of the requested person
Where the arrested person does not consent to surrender as referred to in Article LAW.SURR.91 [Consent to surrender], that person shall be entitled to be heard by the executing judicial authority, in accordance with the law of the executing State.
Article LAW.SURR.93: Surrender decision
1. The executing judicial authority shall decide whether the person is to be surrendered within the time limits and in accordance with the conditions defined in this Title, in particular the principle of proportionality as set out in Article LAW.SURR.77 [Principle of proportionality].
2. If the executing judicial authority finds the information communicated by the issuing State to be insufficient to allow it to decide on surrender, it shall request that the necessary supplementary information, in particular with respect to Article LAW.SURR. 77 [Principle of proportionality], Articles LAW.SURR.80 [Grounds for mandatory non-execution of the arrest warrant] to LAW.SURR.82 [Political offence exception], Article LAW.SURR.84 [Guarantees to be given by the issuing State in particular cases] and Article LAW.SURR.86 [Content and form of the arrest warrant], be furnished as a matter of urgency and may fix a time limit for the receipt thereof, taking into account the need to observe the time limits provided for in Article LAW.SURR.95 [Time limits and procedures for the decision to execute the arrest warrant].
3. The issuing judicial authority may forward any additional useful information to the executing judicial authority at any time.
Article LAW.SURR.94: Decision in the event of multiple requests
1. If two or more States have issued a European arrest warrant or an arrest warrant for the same person, the decision as to which of those arrest warrants is to be executed shall be taken by the executing judicial authority, with due consideration of all the circumstances, especially the relative seriousness of the offences and place of the offences, the respective dates of the arrest warrants or European arrest warrants and whether they have been issued for the purposes of prosecution or for the execution of a custodial sentence or detention order, and of legal obligations of Member States deriving from Union law regarding, in particular, the principles of freedom of movement and non- discrimination on grounds of nationality.
2. The executing judicial authority of a Member State may seek the advice of Eurojust when making the choice referred to in paragraph 1.
3. In the event of a conflict between an arrest warrant and a request for extradition presented by a third country, the decision as to whether the arrest warrant or the extradition request takes precedence shall be taken by the competent authority of the executing State with due consideration of all the circumstances, in particular those referred to in paragraph 1 and those mentioned in the applicable convention.
4. This Article is without prejudice to the States’ obligations under the Statute of the International Criminal Court.
Article LAW.SURR.95: Time limits and procedures for the decision to execute the arrest warrant
1. An arrest warrant shall be dealt with and executed as a matter of urgency.
2. In cases where the requested person consents to surrender, the final decision on the execution of the arrest warrant shall be taken within ten days after the consent was given.
3. In other cases, the final decision on the execution of the arrest warrant shall be taken within 60 days after the arrest of the requested person.
4. Where in specific cases the arrest warrant cannot be executed within the time limits laid down in paragraphs 2 or 3, the executing judicial authority shall immediately inform the issuing judicial authority of that fact, giving the reasons for the delay. In such cases, the time limits may be extended by a further 30 days.
5. As long as the executing judicial authority has not taken a final decision on the arrest warrant, it shall ensure that the material conditions necessary for the effective surrender of the person remain fulfilled.
6. Reasons must be given for any refusal to execute an arrest warrant.
Article LAW.SURR.96: Situation pending the decision
1. Where the arrest warrant has been issued for the purpose of conducting a criminal prosecution, the executing judicial authority shall either:
(a) agree that the requested person should be heard according to Article LAW.SURR.97 [Hearing the person pending the decision]; or
(b) agree to the temporary transfer of the requested person.
2. The conditions and the duration of the temporary transfer shall be determined by mutual agreement between the issuing and executing judicial authorities.
3. In the case of temporary transfer, the person must be able to return to the executing State to attend hearings which concern that person as part of the surrender procedure.
Article LAW.SURR.97: Hearing the person pending the decision
1. The requested person shall be heard by a judicial authority. To that end, the requested person shall be assisted by a lawyer designated in accordance with the law of the issuing State.
2. The requested person shall be heard in accordance with the law of the executing State and with the conditions determined by mutual agreement between the issuing and executing judicial authorities.
3. The competent executing judicial authority may assign another judicial authority of its State to take part in the hearing of the requested person in order to ensure the proper application of this Article.
Article LAW.SURR.98: Privileges and immunities
1. Where the requested person enjoys a privilege or immunity regarding jurisdiction or execution in the executing State, the time limits referred to in Article LAW.SURR.95 [Time limits and procedures for the decision to execute the arrest warrant] only start running when, or if, the executing judicial authority is informed of the fact that the privilege or immunity has been waived.
2. The executing State shall ensure that the material conditions necessary for effective surrender are fulfilled when the person no longer enjoys such privilege or immunity.
3. Where power to waive the privilege or immunity lies with an authority of the executing State, the executing judicial authority shall request that authority to exercise that power without delay. Where power to waive the privilege or immunity lies with an authority of another State, third country or international organisation, the issuing judicial authority shall request that authority to exercise that power.
Article LAW.SURR.99: Competing international obligations
1. This Agreement does not prejudice the obligations of the executing State where the requested person has been extradited to that State from a third country and where that person is protected by provisions of the arrangement under which that person was extradited concerning the speciality rule. The executing State shall take all necessary measures for requesting without delay the consent of the third country from which the requested person was extradited so that the requested person can be surrendered to the State which issued the arrest warrant. The time limits referred to in Article LAW.SURR.95 [Time limits and procedures for the decision to execute the arrest warrant] do not start running until the day on which the speciality rule ceases to apply.
2. Pending the decision of the third country from which the requested person was extradited, the executing State shall ensure that the material conditions necessary for effective surrender remain fulfilled.
Article LAW.SURR.100: Notification of the decision
The executing judicial authority shall notify the issuing judicial authority immediately of the decision on the action to be taken on the arrest warrant.
Article LAW.SURR.101: Time limits for surrender of the person
1. The requested person shall be surrendered as soon as possible on a date agreed between the authorities concerned.
2. The requested person shall be surrendered no later than ten days after the final decision on the execution of the arrest warrant.
3. If the surrender of the requested person within the time limit in paragraph 2 is prevented by circumstances beyond the control of any of the States, the executing and issuing judicial authorities shall immediately contact each other and agree on a new surrender date. In that event, the surrender shall take place within ten days of the new date thus agreed.
4. The surrender may exceptionally be temporarily postponed for serious humanitarian reasons, for example if there are substantial grounds for believing that the surrender would manifestly endanger the requested person’s life or health. The execution of the arrest warrant shall take place as soon as those grounds have ceased to exist. The executing judicial authority shall immediately inform the issuing judicial authority and agree on a new surrender date. In that event, the surrender shall take place within ten days of the new date – agreed.
5. Upon the expiry of the time limits referred to in paragraphs 2 to 4, if the requested person is still being held in custody, that person shall be released. The executing and issuing judicial authorities
shall contact each other as soon as it appears that a person is to be released under this paragraph and agree the arrangements for the surrender of that person.
Article LAW.SURR.102: Postponed or conditional surrender
1. After deciding to execute the arrest warrant, the executing judicial authority may postpone the surrender of the requested person so that the requested person may be prosecuted in the executing State or, if the requested person has already been sentenced, so that the requested person may serve, a sentence passed for an act other than that referred to in the arrest warrant in the territory of the executing State.
2. Instead of postponing the surrender, the executing judicial authority may temporarily surrender the requested person to the issuing State under conditions to be determined by mutual agreement between the executing and the issuing judicial authorities. The agreement shall be made in writing and the conditions shall be binding on all the authorities in the issuing State.
Article LAW.SURR.103: Transit
1. Each State shall permit the transit through its territory of a requested person who is being surrendered provided that it has been given information on:
(a) the identity and nationality of the person subject to the arrest warrant;
(b) the existence of an arrest warrant;
(c) the nature and legal classification of the offence; and
(d) the description of the circumstances of the offence, including the date and place.
2. The State, on behalf of which a notification has been made in accordance with Article LAW.SURR.83(2) [Nationality exception] to the effect that its own nationals will not be surrendered or that surrender will be authorised only under certain specified conditions, may refuse the transit of its own nationals through its territory under the same terms or submit it to the same conditions.
3. The States shall designate an authority responsible for receiving transit requests and the necessary documents, as well as any other official correspondence relating to transit requests.
4. The transit request and the information referred to in paragraph 1 may be addressed to the authority designated pursuant to paragraph 3 by any means capable of producing a written record. The State of transit shall notify its decision by the same procedure.
5. This Article does not apply in the case of transport by air without a scheduled stopover. However, if an unscheduled landing occurs, the issuing State shall provide the authority designated pursuant to paragraph 3 with the information referred to in paragraph 1.
6. Where a transit concerns a person who is to be extradited from a third country to a State, this Article applies mutatis mutandis. In particular, references to an “arrest warrant” shall be treated as references to an “extradition request”.
Article LAW.SURR.104: Deduction of the period of detention served in the executing State
1. The issuing State shall deduct all periods of detention arising from the execution of an arrest warrant from the total period of detention to be served in the issuing State as a result of a custodial sentence or detention order being passed.
2. All information concerning the duration of the detention of the requested person on the basis of the arrest warrant shall be transmitted by the executing judicial authority or the central authority designated under Article LAW.SURR.85 [Recourse to the central authority] to the issuing judicial authority at the time of the surrender.
Article LAW.SURR.105: Possible prosecution for other offences
1. The United Kingdom and the Union, acting on behalf of any of its Member States, may each notify the Specialised Committee on Law Enforcement and Judicial Cooperation that, in relations with other States to which the same notification applies, consent is presumed to have been given for the prosecution, sentencing or detention of a person with a view to the carrying out of a custodial sentence or detention order for an offence committed prior to the person’s surrender, other than that for which that person was surrendered, unless in a particular case the executing judicial authority states otherwise in its decision on surrender.
2. Except in the cases referred to in paragraphs 1 and 3, a person surrendered may not be prosecuted, sentenced or otherwise deprived of liberty for an offence committed prior to that person’s surrender other than that for which the person was surrendered.
3. Paragraph 2 of this Article does not apply in the following cases:
(a) the person, having had an opportunity to leave the territory of the State to which that person has been surrendered, has not done so within 45 days of that person’s final discharge or has returned to that territory after leaving it;
(b) the offence is not punishable by a custodial sentence or detention order;
(c) the criminal proceedings do not give rise to the application of a measure restricting personal liberty;
(d) the person could be liable to a penalty or a measure not involving the deprivation of liberty, in particular a financial penalty or a measure in lieu of a financial penalty, even if the penalty or measure may give rise to a restriction of the person’s personal liberty;
(e) the person consented to be surrendered, where appropriate at the same time as the person renounced the speciality rule, in accordance with Article LAW.SURR.91 [Consent to surrender];
(f) the person, after the person’s surrender, has expressly renounced entitlement to the speciality rule with regard to specific offences preceding the person’s surrender; renunciation must be given before the competent judicial authority of the issuing State and be recorded in accordance with that State’s domestic law; the renunciation must be drawn up in such a way as to make clear that the person concerned has given it voluntarily and in full awareness of the consequences; to that end, the person shall have the right to a lawyer; and
(g) the executing judicial authority which surrendered the person gives its consent in accordance with paragraph 4 of this Article.
4. A request for consent shall be submitted to the executing judicial authority, accompanied by the information referred to in Article LAW.SURR.86(1) [Content and form of the arrest warrant] and a translation as referred to in Article LAW.SURR.86(2) [Content and form of the arrest warrant]. Consent shall be given where the offence for which it is requested is itself subject to surrender in accordance with the provisions of this Title. Consent shall be refused on the grounds referred to in Article LAW.SURR.80 [Grounds for mandatory non-execution of the arrest warrant] and otherwise may be refused only on the grounds referred to in Article LAW.SURR.81 [Other grounds for non-execution of the arrest warrant], or Article LAW.SURR.82(2) [Political offence exception] and Article LAW.SURR.83(2) [Nationality exception]. The decision shall be taken no later than 30 days after receipt of the request. For the situations laid down in Article LAW.SURR.84 [Guarantees to be given by the issuing State in particular cases] the issuing State must give the guarantees provided for therein.
Article LAW.SURR.106: Surrender or subsequent extradition
1. The United Kingdom and the Union, acting on behalf of any of its Member States, may each notify the Specialised Committee on Law Enforcement and Judicial Cooperation that, in relations with other States to which the same notification applies, the consent for the surrender of a person to a State other than the executing State pursuant to an arrest warrant or European arrest warrant issued for an offence committed prior to that person’s surrender is presumed to have been given, unless in a particular case the executing judicial authority states otherwise in its decision on surrender.
2. In any case, a person who has been surrendered to the issuing State pursuant to an arrest warrant or European arrest warrant may be surrendered to a State other than the executing State pursuant to an arrest warrant or European arrest warrant issued for any offence committed prior to the person’s surrender without the consent of the executing State in the following cases:
(a) the requested person, having had an opportunity to leave the territory of the State to which that person has been surrendered, has not done so within 45 days of that person’s final discharge, or has returned to that territory after leaving it;
(b) the requested person consents to be surrendered to a State other than the executing State pursuant to an arrest warrant or European arrest warrant; consent must be given before the competent judicial authorities of the issuing State and be recorded in accordance with that State’s domestic law; it must be drawn up in such a way as to make clear that the person concerned has given it voluntarily and in full awareness of the consequences; to that end, the requested person shall have the right to a lawyer; and
(c) the requested person is not subject to the speciality rule, in accordance with points (a), (e), (f) or (g) of Article LAW.SURR.105(3) [Possible prosecution for other offences].
3. The executing judicial authority shall consent to the surrender to another State in accordance with the following rules:
(a) the request for consent shall be submitted in accordance with Article LAW.SURR.87 [Transmission of an arrest warrant], accompanied by the information set out in Article LAW.SURR.86(1) [Content and form of the arrest warrant] and a translation as referred to in Article LAW.SURR.86(2) [Content and form of the arrest warrant];
(b) consent shall be given where the offence for which it is requested is itself subject to surrender in accordance with the provisions of this Agreement;
(c) the decision shall be taken no later than 30 days after receipt of the request; and
(d) consent shall be refused on the grounds referred to in Article LAW.SURR.80 [Grounds for mandatory non-execution of the arrest warrant] and otherwise may be refused only on the grounds referred to in Article LAW.SURR.81 [Other grounds for non-execution of the arrest warrant], Article LAW.SURR.82(2) [Political offence exception] and Article LAW.SURR.83(2) [Nationality exception].
4. For the situations referred to in Article LAW.SURR.84 [Guarantees to be given by the issuing State in particular cases], the issuing State shall give the guarantees provided for therein.
5. Notwithstanding paragraph 1, a person who has been surrendered pursuant to an arrest warrant shall not be extradited to a third country without the consent of the competent authority of the State which surrendered the person. Such consent shall be given in accordance with the Conventions by which that State is bound, as well as with its domestic law.
Article LAW.SURR.107: Handing over of property
1. At the request of the issuing judicial authority or on its own initiative, the executing judicial authority shall, in accordance with its domestic law, seize and hand over property which:
(a) may be required as evidence; or
(b) has been acquired by the requested person as a result of the offence.
2. The property referred to in paragraph 1 shall be handed over even if the arrest warrant cannot be carried out owing to the death or escape of the requested person.
3. If the property referred to in paragraph 1 is liable to seizure or confiscation in the territory of the executing State, that State may, if the property is needed in connection with pending criminal proceedings, temporarily retain it or hand it over to the issuing State on condition that it is returned.
4. Any rights which the executing State or third parties may have acquired in the property referred to in paragraph 1 shall be preserved. Where such rights exist, the issuing State shall return the property without charge to the executing State as soon as the criminal proceedings have been terminated.
Article LAW.SURR.108: Expenses
1. Expenses incurred in the territory of the executing State for the execution of an arrest warrant shall be borne by that State.
2. All other expenses shall be borne by the issuing State.
Article LAW.SURR.109: Relation to other legal instruments
1. Without prejudice to their application in relations between States and third countries, this Title, from the date of entry into force of this Agreement, replaces the corresponding provisions of the following conventions applicable in the field of extradition in relations between the United Kingdom, on the one side, and Member States, on the other side:
(a) the European Convention on Extradition, done at Paris on 13 December 1957, and its additional protocols; and
(b) the European Convention on the Suppression of Terrorism, as far as extradition is concerned.
2. Where the Conventions referred to in paragraph 1 apply to the territories of States or to territories for whose external relations a State is responsible to which this Title does not apply, those Conventions continue to govern the relations existing between those territories and the other States.
Article LAW.SURR.110: Review of notifications
When carrying out the joint review of this Title as referred to in Article LAW.OTHER.135(1) [Review and evaluation], the Parties shall consider the need to maintain the notifications made under Article LAW.SURR.79(4) [Scope], Article LAW.SURR.82(2) [Political offence exception] and Article LAW.SURR.83(2) [Nationality exception]. If the notifications referred to in Article LAW.SURR.83(2) [Nationality exception] are not renewed, they shall expire five years after the date of entry into force of this Agreement. Notifications as referred to in Article LAW.SURR.83(2) [Nationality exception] may only be renewed or newly made during the three months prior to the fifth anniversary of the entry into force of this Agreement and, subsequently, every five years thereafter, provided that the conditions set out in Article LAW.SURR.83(2) [Nationality exception] are met at that time.
Article LAW.SURR.111: Ongoing arrest warrants in case of disapplication
Notwithstanding Article LAW.GEN.5 [Scope of cooperation where a Member State no longer participates in analogous measure under Union law]; Article.LAW.OTHER.136 [Termination] and Article LAW.OTHER.137 [Suspension], the provisions of this Title apply in respect of arrest warrants where the requested person was arrested before the disapplication of this Title for the purposes of the execution of an arrest warrant, irrespective of the decision of the executing judicial authority as to whether the requested person is to remain in detention or be provisionally released.
Article LAW.SURR.112: Application to existing European arrest warrants
This Title shall apply in respect of European arrest warrants issued in accordance with Council Framework Decision 2002/584/JHA81 by a State before the end of the transition period where the requested person has not been arrested for the purpose of its execution before the end of the transition period.