James Browne (Wexford, Fianna Fail) | Oireachtas source

Amendment No. 33 addresses a limitation of the provisions in respect of outward temporary surrender in section 19 of the 2003 Act. This arises where a person has been sentenced in the State for a separate offence, but their surrender is sought by the issuing state. The court has a discretion to allow their temporary surrender for the purpose of being tried in the other state, and determines the applicable conditions. This is being extended to allow for service of a sentence in the other state. This is in line with the provisions of the framework decision.

Amendment No. 38 provides that conditional surrender operates when the State makes such a request of another member state, similar to where a request is made of the State under section 19 of the 2003 Act.

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