Criminal Justice and Public Order Act 1994

Extradition procedures U.K.

158 Extradition procedures. U.K.

(1) The M1 Extradition Act 1989 shall be amended as follows.

(2) In section 4 (extradition Orders), in subsection (5), for the words “warrant his trial if” there shall be substituted the words “ make a case requiring an answer by that person if the proceedings were a summary trial of an information against him and ”.

(3) In section 7 (extradition request and authority to proceed)—

(a) in subsection (2), in paragraph (b), after the word “evidence” there shall be inserted the words “ or, in a case falling within subsection (2A) below, information ”; and

(b) after subsection (2), there shall be inserted the following subsection—

“(2A) Where—

(a) the extradition request is made by a foreign state; and

(b) an Order in Council falling within section 4(5) above is in force in relation to that state,

it shall be a sufficient compliance with subsection (2)(b) above to furnish information sufficient to justify the issue of a warrant for his arrest under this Act.”.

(4) In section 8 (arrest for purposes of committal)—

(a) in subsection (3) after the word “evidence” there shall be inserted the words “ or, in a case falling within subsection (3A) below, information ”; and

(b) after subsection (3) there shall be inserted the following subsection—

“(3A) Where—

(a) the extradition request or, where a provisional warrant is applied for, the request for the person’s arrest is made by a foreign state; and

(b) an Order in Council falling within section 4(5) above is in force in relation to that state,

it shall be sufficient for the purposes of subsection (3) above to supply such information as would, in the opinion of the person so empowered, justify the issue of a warrant of arrest.”.

(5) In section 9 (committal proceedings)—

(a) in subsection (2), for the words from “jurisdiction” to the end there shall be substituted the words “ powers, as nearly as may be, including powers to adjourn the case and meanwhile to remand the person arrested under the warrant either in custody or on bail, as if the proceedings were the summary trial of an information against him; and section 16(1)(c) of the M2 Prosecution of Offences Act 1985 (costs on dismissal) shall apply accordingly reading the reference to the dismissal of the information as a reference to the discharge of the person arrested. ”;

(b) after subsection (2) there shall be inserted the following subsection—

“(2A) If a court of committal in England and Wales exercises its power to adjourn the case it shall on so doing remand the person arrested in custody or on bail.”;

(c) in subsection (4), for the words from “warrant the trial” to the end there shall be substituted the words “ make a case requiring an answer by the arrested person if the proceedings were the summary trial of an information against him. ”; and

(d) in subsection (8)(a), for the words from “warrant his trial” to the end, there shall be substituted the words “ make a case requiring an answer by that person if the proceedings were the summary trial of an information against him. ”.

(6) In section 22 (International Convention cases), in subsection (5), for the words from “warrant his trial” to the end, there shall be substituted the words “ make a case requiring an answer by that person if the proceedings were the summary trial of an information against him ”.

(7) In section 35 (interpretation), after subsection (2), there shall be inserted the following subsection—

“(3) For the purposes of the application of this Act by virtue of any Order in Council in force under it or section 2 of the M3 Extradition Act 1870, any reference in this Act to evidence making a case requiring an answer by an accused person shall be taken to indicate a determination of the same question as is indicated by a reference (however expressed) in any such Order (or arrangements embodied or recited in it) to evidence warranting or justifying the committal for trial of an accused person.”.

(8) In Schedule 1 (provisions applying to foreign states in respect of which an Order in Council under section 2 of the Extradition Act 1870 is in force)—

(a) in paragraph 6(1) (hearing of case), for the words from “hear the case” to the end there shall be substituted the words “ have the same powers, as near as may be, including power to adjourn the case and meanwhile to remand the prisoner either in custody or on bail, as if the proceedings were the summary trial of an information against him for an offence committed in England and Wales; and section 16(1)(c) of the M4 Prosecution of Offences Act 1985 (costs on dismissal) shall apply accordingly reading the reference to the dismissal of the information as a reference to the discharge of the prisoner. ”;

(b) after paragraph 6(1) there shall be inserted the following sub-paragraph—

“(1A) If the metropolitan magistrate exercises his power to adjourn the case he shall on so doing remand the prisoner either in custody or on bail.”; and

(c) in paragraph 7(1) (committal or discharge of prisoner), for the words from “justify the committal” to “England or Wales” there shall be substituted the words “ make a case requiring an answer by the prisoner if the proceedings were for the trial in England and Wales of an information for the crime, ”.

Commencement Information

I1 S. 158 wholly in force at 1.4.1997; s. 158 partly in force at Royal Assent see s. 172(4); s. 158(2)(6)(7) in force at 1.4.1997 and s. 158(5)(8) in force at 1.4.1997 by S.I. 1997/882, arts. 2, 3(1)(subject to transitional savings in art. 3(2)).

Marginal Citations

M1 1989 c. 33.

M2 1985 c. 23.

M3 1870 c. 52.

M4 1985 c. 23.

159 Backing of warrants: Republic of Ireland. U.K.

(1) The M5 Backing of Warrants (Republic of Ireland) Act 1965 shall be amended as follows.

(2) In section 1 (conditions for endorsement of warrants issued in Republic of Ireland), in subsection (1)(b), after the word “acts” there shall be inserted the words “ or on his way to the United Kingdom ”.

(3) In section 2 (proceedings for delivery of person arrested under endorsed warrant), in subsection (2)(a) (excluded offences) the words from “, or an offence under an enactment” to “control” shall be omitted.

(4) In section 4 (procedure for provisional warrants)—

(a) in subsection (1)(c), after the word “acts” there shall be inserted the words “ or on his way to the United Kingdom ”;

(b) in subsection (2), for the words “five days” there shall be substituted the words “ seven days ”; and

(c) in subsection (3)(b), for the words “three days” there shall be substituted the words “ seven days ”.

(5) In the Schedule (proceedings before magistrates’ court), in paragraph 3, for the words from “and the proceedings” to the end, there shall be substituted the words “ as if the proceedings were the summary trial of an information against that person. ”.

Commencement Information

I2 S. 159 wholly in force; s. 159 not in force at Royal Assent see s. 172; s. 159(1)(2)(4) in force at 19.12.1994 by S.I. 1994/2935, art. 2; s. 159(5) in force at 1.4.1997 by S.I. 1997/882, art. 2; s. 159(3) in force at 20.3.2002 by S.I. 2002/447, art. 2

Marginal Citations

M5 1965 c. 45.