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Persons convicted in absentia.
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45.—A person shall not be surrendered under this Act if—
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(a) he or she was not present when he or she was tried for and convicted of the offence specified in the European arrest warrant, and
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(b) (i) he or she was not notified of the time when, and place at which, he or she would be tried for the offence, or
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(ii) he or she was not permitted to attend the trial in respect of the offence concerned,
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unless the issuing judicial authority gives an undertaking in writing that the person will, upon being surrendered—
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(i) be retried for that offence or be given the opportunity of a retrial in respect of that offence,
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(ii) be notified of the time when, and place at which any retrial in respect of the offence concerned will take place, and
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(iii) be permitted to be present when any such retrial takes place.
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