Search Legislation

Crime and Courts Act 2013

Changes over time for: Part 2

 Help about opening options

Version Superseded: 17/09/2021

Alternative versions:

Status:

Point in time view as at 14/10/2013.

Changes to legislation:

There are currently no known outstanding effects for the Crime and Courts Act 2013, Part 2 . Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Part 2 U.K.Human rights issues

Extradition to category 2 territoriesU.K.

10U.K.Part 2 of the Extradition Act 2003 (extradition to category 2 territories) is amended as follows.

Commencement Information

I1Sch. 20 para. 10 in force at 29.7.2013 for E.W. by S.I. 2013/1682, art. 2(2)(b)

I2Sch. 20 para. 10 in force at 14.10.2013 for N.I. by S.I. 2013/2349, art. 2(4)

11U.K.In section 70 (extradition request and certificate), after subsection (9) insert—

(10)Subsection (11) applies at all times after the Secretary of State issues a certificate under this section.

(11)The Secretary of State is not to consider whether the extradition would be compatible with the Convention rights within the meaning of the Human Rights Act 1998..

Commencement Information

I3Sch. 20 para. 11 in force at 29.7.2013 for E.W. by S.I. 2013/1682, art. 2(2)(b)

I4Sch. 20 para. 11 in force at 14.10.2013 for N.I. by S.I. 2013/2349, art. 2(4)

12U.K.In section 108 (appeal against extradition order) after subsection (4) insert—

(5)But notice of an appeal under this section may be given after the end of the permitted period if it is an appeal on human rights grounds.

(6)Notice of any such appeal must be given in accordance with rules of court at a time before the person is extradited to the category 2 territory in accordance with section 117.

(7)Where notice of an appeal is given in accordance with subsections (5) and (6), the High Court is to consider the appeal only if it appears to the High Court that—

(a)the appeal is necessary to avoid real injustice, and

(b)the circumstances are exceptional and make it appropriate to consider the appeal.

(8)In this section “appeal on human rights grounds” means an appeal against the order for the person's extradition on the grounds (and only on the grounds) that the extradition would not be compatible with the Convention rights within the meaning of the Human Rights Act 1998.

Commencement Information

I5Sch. 20 para. 12 in force at 29.7.2013 for E.W. by S.I. 2013/1682, art. 2(2)(b)

I6Sch. 20 para. 12 in force at 14.10.2013 for N.I. by S.I. 2013/2349, art. 2(4)

13U.K.In section 117 (extradition where no appeal), after subsection (4) insert—

(5)If a person brings an appeal under section 108 by virtue of subsection (5) of that section, this section ceases to apply (but section 118 applies instead).

Commencement Information

I7Sch. 20 para. 13 in force at 29.7.2013 for E.W. by S.I. 2013/1682, art. 2(2)(b)

I8Sch. 20 para. 13 in force at 14.10.2013 for N.I. by S.I. 2013/2349, art. 2(4)

Transitional provision and savingU.K.

14(1)In a case where a request for a person's extradition has been issued before the time when the amendments made by this Part of this Schedule come into force, those amendments apply to the extradition concerned only if—U.K.

(a)the person concerned has not made any human rights representations to the Secretary of State during the relevant period, or

(b)the person concerned has made such representations during that period and the Secretary of State has finished considering them by the end of that period.

(2)For that purpose—

  • human rights representations” means representations that the extradition would not be compatible with the Convention rights within the meaning of the Human Rights Act 1998;

  • relevant period” means the period that—

    (a)

    begins when the Secretary of State issues a certificate under section 70 of the Extradition Act 2003 in relation to the extradition, and

    (b)

    ends when the amendments made by this Part of this Schedule come into force;

  • request for a person's extradition” has the same meaning as in the Extradition Act 2003.

Commencement Information

I9Sch. 20 para. 14 in force at 29.7.2013 for E.W. by S.I. 2013/1682, art. 2(2)(b)

I10Sch. 20 para. 14 in force at 14.10.2013 for N.I. by S.I. 2013/2349, art. 2(4)

15U.K.The powers conferred by section 177, 178 and 222 of the Extradition Act 2003 are exercisable in relation to any amendment of that Act made by this Part of this Schedule.

Commencement Information

I11Sch. 20 para. 15 in force at 29.7.2013 for E.W. by S.I. 2013/1682, art. 2(2)(b)

I12Sch. 20 para. 15 in force at 14.10.2013 for N.I. by S.I. 2013/2349, art. 2(4)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources