Extradition Act 2003

Part 1 U.K. Extradition to category 1 territories

Commencement Information

I1 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Introduction U.K.

Commencement Information

I2 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

1 Extradition to category 1 territories U.K.

(1) This Part deals with extradition from the United Kingdom to the territories designated for the purposes of this Part by order made by the Secretary of State.

(2) In this Act references to category 1 territories are to the territories designated for the purposes of this Part.

(3) A territory may not be designated for the purposes of this Part if a person found guilty in the territory of a criminal offence may be sentenced to death for the offence under the general criminal law of the territory.

Commencement Information

I3 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

2 Part 1 warrant and certificate U.K.

(1) This section applies if the designated authority receives a Part 1 warrant in respect of a person.

(2) A Part 1 warrant is an arrest warrant which is issued by a judicial authority of a category 1 territory and which contains—

(a) the statement referred to in subsection (3) and the information referred to in subsection (4), or

(b) the statement referred to in subsection (5) and the information referred to in subsection (6).

(3) The statement is one that—

(a) the person in respect of whom the Part 1 warrant is issued is accused in the category 1 territory of the commission of an offence specified in the warrant, and

(b) the Part 1 warrant is issued with a view to his arrest and extradition to the category 1 territory for the purpose of being prosecuted for the offence.

(4) The information is—

(a) particulars of the person’s identity;

(b) particulars of any other warrant issued in the category 1 territory for the person’s arrest in respect of the offence;

(c) particulars of the circumstances in which the person is alleged to have committed the offence, including the conduct alleged to constitute the offence, the time and place at which he is alleged to have committed the offence and any provision of the law of the category 1 territory under which the conduct is alleged to constitute an offence;

(d) particulars of the sentence which may be imposed under the law of the category 1 territory in respect of the offence if the person is convicted of it.

(5) The statement is one that—

(a) the person in respect of whom the Part 1 warrant is issued [F1 has been convicted]F1 of an offence specified in the warrant by a court in the category 1 territory, and

(b) the Part 1 warrant is issued with a view to his arrest and extradition to the category 1 territory for the purpose of being sentenced for the offence or of serving a sentence of imprisonment or another form of detention imposed in respect of the offence.

(6) The information is—

(a) particulars of the person’s identity;

(b) particulars of the conviction;

(c) particulars of any other warrant issued in the category 1 territory for the person’s arrest in respect of the offence;

(d) particulars of the sentence which may be imposed under the law of the category 1 territory in respect of the offence, if the person has not been sentenced for the offence;

(e) particulars of the sentence which has been imposed under the law of the category 1 territory in respect of the offence, if the person has been sentenced for the offence.

(7) The designated authority may issue a certificate under this section if it believes that the authority which issued the Part 1 warrant has the function of issuing arrest warrants in the category 1 territory.

(8) A certificate under this section must certify that the authority which issued the Part 1 warrant has the function of issuing arrest warrants in the category 1 territory.

(9) The designated authority is the authority designated for the purposes of this Part by order made by the Secretary of State.

(10) An order made under subsection (9) may—

(a) designate more than one authority;

(b) designate different authorities for different parts of the United Kingdom.

Textual Amendments

F1 Words in s. 2(5)(a) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 1(1); S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I4 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Arrest U.K.

Commencement Information

I5 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

3 Arrest under certified Part 1 warrant U.K.

(1) This section applies if a certificate is issued under section 2 in respect of a Part 1 warrant issued in respect of a person.

(2) The warrant may be executed by a constable or a customs officer in any part of the United Kingdom.

[F2 (3) The warrant may be executed by a service policeman anywhere, but only if the person is subject to service law or is a civilian subject to service discipline.]

F2 (5) The warrant may be executed even if neither the warrant nor a copy of it is in the possession of the person executing it at the time of the arrest.

(6) F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 S. 3(3) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) for s. 3(3)(4) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 200(a); S.I. 2009/812, art. 3 (with transitional provisions (24.4.2009 for certain purposes otherwise 31.10.2009) in S.I. 2009/1059); S.I. 2009/1167, art. 4

F3 S. 3(6) repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 200(b), Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions (24.4.2009 for certain purposes otherwise 31.10.2009) in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I6 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

4 Person arrested under Part 1 warrant U.K.

(1) This section applies if a person is arrested under a Part 1 warrant.

(2) A copy of the warrant must be given to the person as soon as practicable after his arrest.

(3) The person must be brought as soon as practicable before the appropriate judge.

(4) If subsection (2) is not complied with and the person applies to the judge to be discharged, the judge may order his discharge.

(5) If subsection (3) is not complied with and the person applies to the judge to be discharged, the judge must order his discharge.

(6) A person arrested under the warrant must be treated as continuing in legal custody until he is brought before the appropriate judge under subsection (3) or he is discharged under subsection (4) or (5).

Commencement Information

I7 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

5 Provisional arrest U.K.

(1) A constable, a customs officer or a service policeman may arrest a person without a warrant if he has reasonable grounds for believing—

(a) that a Part 1 warrant has been or will be issued in respect of the person by an authority of a category 1 territory, and

(b) that the authority has the function of issuing arrest warrants in the category 1 territory.

(2) A constable or a customs officer may arrest a person under subsection (1) in any part of the United Kingdom.

[F4 (3) A service policeman may arrest a person under subsection (1) only if the person is subject to service law or is a civilian subject to service discipline.

(4) If a service policeman has power to arrest a person under subsection (1) he may exercise the power anywhere.F4 ]

Textual Amendments

F4 S. 5(3)(4) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) for s. 5(3)-(5) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 201; S.I. 2009/812, art. 3 (with transitional provisions (24.4.2009 for certain purposes otherwise 31.10.2009) in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I8 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

6 Person arrested under section 5 U.K.

(1) This section applies if a person is arrested under section 5.

[F5 (2) The person must be brought before the appropriate judge within 48 hours starting with the time when the person is arrested.

(2A) The documents specified in subsection (4) must be produced to the judge within 48 hours starting with the time when the person is arrested but this is subject to any extension under subsection (3B).

(2B) Subsection (3) applies if—

(a) the person has been brought before the judge in compliance with subsection (2); but

(b) documents have not been produced to the judge in compliance with subsection (2A).

(3) The person must be brought before the judge when the documents are produced to the judge.

(3A) While the person is before the judge in pursuance of subsection (2), the authority of the category 1 territory may apply to the judge for an extension of the 48 hour period mentioned in subsection (2A) by a further 48 hours.

(3B) The judge may grant an extension if the judge decides that subsection (2A) could not reasonably be complied with within the initial 48 hour period.

(3C) The judge must decide whether that subsection could reasonably be so complied with on a balance of probabilities.

(3D) Notice of an application under subsection (3A) must be given in accordance with rules of court.]

F5 (4) The documents are—

(a) a Part 1 warrant in respect of the person;

(b) a certificate under section 2 in respect of the warrant.

(5) A copy of the warrant must be given to the person as soon as practicable after his arrest.

[F6 (5A) Subsection (5B) applies if—

(a) the person is before the judge in pursuance of subsection (2); and

(b) the documents specified in subsection (4) have not been produced to the judge.

(5B) The judge must remand the person in custody or on bail (subject to subsection (6)).]

F6 (6) If subsection (2) [F7 , (2A) or (3)]F7 is not complied with and the person applies to the judge to be discharged, the judge must order his discharge.

(7) If subsection (5) is not complied with and the person applies to the judge to be discharged, the judge may order his discharge.

(8) The person must be treated as continuing in legal custody until he is brought before the appropriate judge under subsection (2) or he is discharged under subsection (6) or (7).

[F8 (8A) In calculating a period of 48 hours for the purposes of this section no account is to be taken of—

(a) any Saturday or Sunday;

(b) Christmas Day;

(c) Good Friday; or

(d) any day falling within subsection (8B).

(8B) The following days fall within this subsection—

(a) in Scotland, any day prescribed under section 8(2) of the Criminal Procedure (Scotland) Act 1995 as a court holiday in the court of the appropriate judge;

(b) in any part of the United Kingdom, any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in that part of the United Kingdom.]

F8 (9) Subsection (10) applies if—

(a) a person is arrested under section 5 on the basis of a belief that a Part 1 warrant has been or will be issued in respect of him;

(b) the person is discharged under subsection (6) or (7).

(10) The person must not be arrested again under section 5 on the basis of a belief relating to the same Part 1 warrant.

Textual Amendments

F5 S. 6(2)-(3D) substituted (25.1.2010) for s. 6(2)(3) by Policing and Crime Act 2009 (c. 26), ss. 77(2), 116; S.I. 2009/3096, art. 3(t) (with art. 4)

F6 S. 6(5A)(5B) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 77(3), 116; S.I. 2009/3096, art. 3(t) (with art. 4)

F7 Words in s. 6(6) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 77(4), 116; S.I. 2009/3096, art. 3(t) (with art. 4)

F8 S. 6(8A)(8B) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 77(5), 116; S.I. 2009/3096, art. 3(t) (with art. 4)

Commencement Information

I9 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

The initial hearing U.K.

Commencement Information

I10 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

7 Identity of person arrested U.K.

(1) This section applies if—

(a) a person arrested under a Part 1 warrant is brought before the appropriate judge under section 4(3), or

(b) a person [F9 arrested under section 5 is brought before the appropriate judge under section 6 and section 6(2A)]F9 is complied with in relation to him.

(2) The judge must decide whether the person brought before him is the person in respect of whom—

(a) the warrant referred to in subsection (1)(a) was issued, or

(b) the warrant referred to in section 6(4) was issued.

(3) The judge must decide the question in subsection (2) on a balance of probabilities.

(4) If the judge decides the question in subsection (2) in the negative he must order the person’s discharge.

(5) If the judge decides that question in the affirmative he must proceed under section 8.

(6) In England and Wales, the judge has the same powers (as nearly as may be) as a magistrates' court would have if the proceedings were the summary trial of an information against the person.

(7) In Scotland—

(a) the judge has the same powers (as nearly as may be) as if the proceedings were summary proceedings in respect of an offence alleged to have been committed by the person; but

(b) in his making any decision under subsection (2) evidence from a single source shall be sufficient.

(8) In Northern Ireland, the judge has the same powers (as nearly as may be) as a magistrates' court would have if the proceedings were the hearing and determination of a complaint against the person.

(9) If the judge exercises his power to adjourn the proceedings he must remand the person in custody or on bail.

(10) [F10 If the person is remanded in custody, the appropriate judge may]F10 later grant bail.

Textual Amendments

F9 Words in s. 7(1)(b) substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 77(3), 116; S.I. 2009/3096, art. 3(t) (with art. 4)

F10 Words in s. 7(10) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 16; S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I11 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

8 Remand etc. U.K.

(1) If the judge is required to proceed under this section he must—

(a) fix a date on which the extradition hearing is to begin;

(b) inform the person of the contents of the Part 1 warrant;

(c) give the person the required information about consent;

(d) remand the person in custody or on bail.

(2) [F11 If the person is remanded in custody, the appropriate judge may]F11 later grant bail.

(3) The required information about consent is—

(a) that the person may consent to his extradition to the category 1 territory in which the Part 1 warrant was issued;

(b) an explanation of the effect of consent and the procedure that will apply if he gives consent;

(c) that consent must be given before the judge and is irrevocable.

(4) The date fixed under subsection (1) must not be later than the end of the permitted period, which is 21 days starting with the date of the arrest referred to in section 7(1)(a) or (b).

(5) If before the date fixed under subsection (1) (or this subsection) a party to the proceedings applies to the judge for a later date to be fixed and the judge believes it to be in the interests of justice to do so, he may fix a later date; and this subsection may apply more than once.

(6) Subsections (7) and (8) apply if the extradition hearing does not begin on or before the date fixed under this section.

(7) If the person applies to the judge to be discharged the judge must order his discharge, unless reasonable cause is shown for the delay.

(8) If no application is made under subsection (7) the judge must order the person’s discharge on the first occasion after the date fixed under this section when the person appears or is brought before the judge, unless reasonable cause is shown for the delay.

Textual Amendments

F11 Words in s. 8(2) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 16; S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I12 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[F12 8A Person charged with offence in United Kingdom before extradition hearing U.K.

(1) This section applies if—

(a) a person has been brought before the appropriate judge under section 4(3) or 6(2) but the extradition hearing has not begun; and

(b) the judge is informed that the person is charged with an offence in the United Kingdom.

(2) The judge must order further proceedings in respect of the extradition to be adjourned until one of these occurs—

(a) the charge is disposed of;

(b) the charge is withdrawn;

(c) proceedings in respect of the charge are discontinued;

(d) an order is made for the charge to lie on the file, or in relation to Scotland, the diet is deserted pro loco et tempore.

(3) If a sentence of imprisonment or another form of detention is imposed in respect of the offence charged, the judge may order further proceedings in respect of the extradition to be adjourned until the person is released from detention pursuant to the sentence (whether on licence or otherwise).

Textual Amendments

F12 Ss. 8A 8B inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 69, 116; S.I. 2009/3096, art. 3(l) (with art. 4)

8B Person serving sentence in United Kingdom before extradition hearing U.K.

(1) This section applies if—

(a) a person has been brought before the appropriate judge under section 4(3) or 6(2) but the extradition hearing has not begun; and

(b) the judge is informed that the person is in custody serving a sentence of imprisonment or another form of detention in the United Kingdom.

(2) The judge may order further proceedings in respect of the extradition to be adjourned until the person is released from detention pursuant to the sentence (whether on licence or otherwise).

(3) In a case where further proceedings in respect of the extradition are adjourned under subsection (2)—

(a) section 131 of the Magistrates' Courts Act 1980 (remand of accused already in custody) has effect as if a reference to 28 clear days in subsection (1) or (2) of that section were a reference to six months;

(b) Article 47(2) of the Magistrates' Courts (Northern Ireland) Order 1981 (period of remand in custody) has effect as if a reference to 28 days in—

(i) sub-paragraph (a)(iii), or

(ii) the words after sub-paragraph (b),

were a reference to six months.]

Textual Amendments

F12 Ss. 8A 8B inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 69, 116; S.I. 2009/3096, art. 3(l) (with art. 4)

The extradition hearing U.K.

Commencement Information

I13 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

9 Judge’s powers at extradition hearing U.K.

(1) In England and Wales, at the extradition hearing the appropriate judge has the same powers (as nearly as may be) as a magistrates' court would have if the proceedings were the summary trial of an information against the person in respect of whom the Part 1 warrant was issued.

(2) In Scotland, at the extradition hearing the appropriate judge has the same powers (as nearly as may be) as if the proceedings were summary proceedings in respect of an offence alleged to have been committed by the person in respect of whom the Part 1 warrant was issued.

(3) In Northern Ireland, at the extradition hearing the appropriate judge has the same powers (as nearly as may be) as a magistrates' court would have if the proceedings were the hearing and determination of a complaint against the person in respect of whom the Part 1 warrant was issued.

(4) If the judge adjourns the extradition hearing he must remand the person in custody or on bail.

(5) [F13 If the person is remanded in custody, the appropriate judge may]F13 later grant bail.

Textual Amendments

F13 Words in s. 9(5) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 16; S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I14 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

10 Initial stage of extradition hearing U.K.

(1) This section applies if a person in respect of whom a Part 1 warrant is issued appears or is brought before the appropriate judge for the extradition hearing.

(2) The judge must decide whether the offence specified in the Part 1 warrant is an extradition offence.

(3) If the judge decides the question in subsection (2) in the negative he must order the person’s discharge.

(4) If the judge decides that question in the affirmative he must proceed under section 11.

Commencement Information

I15 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

11 Bars to extradition U.K.

(1) If the judge is required to proceed under this section he must decide whether the person’s extradition to the category 1 territory is barred by reason of—

(a) the rule against double jeopardy;

(b) extraneous considerations;

(c) the passage of time;

(d) the person’s age;

(e) hostage-taking considerations;

(f) speciality;

(g) the person’s earlier extradition to the United Kingdom from another category 1 territory;

(h) the person’s earlier extradition to the United Kingdom from a non-category 1 territory.

[F14 (i) the person's earlier transfer to the United Kingdom by the International Criminal Court.]

F14 (2) [F15 Sections 12 to 19A]F15 apply for the interpretation of subsection (1).

(3) If the judge decides any of the questions in subsection (1) in the affirmative he must order the person’s discharge.

(4) If the judge decides those questions in the negative and the person is alleged to be unlawfully at large after conviction of the extradition offence, the judge must proceed under section 20.

(5) If the judge decides those questions in the negative and the person is accused of the commission of the extradition offence but is not alleged to be unlawfully at large after conviction of it, the judge must proceed under section 21.

Textual Amendments

F14 S. 11(1)(i) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 3(1)(a); S.I. 2006/3364, art. 2(d)(e)

F15 Words in s. 11(2) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 3(1)(b); S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I16 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

12 Rule against double jeopardy U.K.

A person’s extradition to a category 1 territory is barred by reason of the rule against double jeopardy if (and only if) it appears that he would be entitled to be discharged under any rule of law relating to previous acquittal or conviction on the assumption—

(a) that the conduct constituting the extradition offence constituted an offence in the part of the United Kingdom where the judge exercises jurisdiction;

(b) that the person were charged with the extradition offence in that part of the United Kingdom.

Commencement Information

I17 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

13 Extraneous considerations U.K.

A person’s extradition to a category 1 territory is barred by reason of extraneous considerations if (and only if) it appears that—

(a) the Part 1 warrant issued in respect of him (though purporting to be issued on account of the extradition offence) is in fact issued for the purpose of prosecuting or punishing him on account of his race, religion, nationality, gender, sexual orientation or political opinions, or

(b) if extradited he might be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality, gender, sexual orientation or political opinions.

Commencement Information

I18 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

14 Passage of time U.K.

A person’s extradition to a category 1 territory is barred by reason of the passage of time if (and only if) it appears that it would be unjust or oppressive to extradite him by reason of the passage of time [F16 since he is alleged to have—

(a) committed the extradition offence (where he is accused of its commission), or

(b) become unlawfully at large (where he is alleged to have been convicted of it)]

F16 .

Textual Amendments

F16 Words in s. 14 substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 2(1); S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I19 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

15 Age U.K.

A person’s extradition to a category 1 territory is barred by reason of his age if (and only if) it would be conclusively presumed because of his age that he could not be guilty of the extradition offence on the assumption—

(a) that the conduct constituting the extradition offence constituted an offence in the part of the United Kingdom where the judge exercises jurisdiction;

(b) that the person carried out the conduct when the extradition offence was committed (or alleged to be committed);

(c) that the person carried out the conduct in the part of the United Kingdom where the judge exercises jurisdiction.

Commencement Information

I20 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

16 Hostage-taking considerations U.K.

(1) A person’s extradition to a category 1 territory is barred by reason of hostage-taking considerations if (and only if) the territory is a party to the Hostage-taking Convention and it appears that—

(a) if extradited he might be prejudiced at his trial because communication between him and the appropriate authorities would not be possible, and

(b) the act or omission constituting the extradition offence also constitutes an offence under section 1 of the Taking of Hostages Act 1982 (c. 28) or an attempt to commit such an offence.

(2) The appropriate authorities are the authorities of the territory which are entitled to exercise rights of protection in relation to him.

(3) A certificate issued by the Secretary of State that a territory is a party to the Hostage-taking Convention is conclusive evidence of that fact for the purposes of subsection (1).

(4) The Hostage-taking Convention is the International Convention against the Taking of Hostages opened for signature at New York on 18 December 1979.

Commencement Information

I21 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

17 Speciality U.K.

(1) A person’s extradition to a category 1 territory is barred by reason of speciality if (and only if) there are no speciality arrangements with the category 1 territory.

(2) There are speciality arrangements with a category 1 territory if, under the law of that territory or arrangements made between it and the United Kingdom, a person who is extradited to the territory from the United Kingdom may be dealt with in the territory for an offence committed before his extradition only if—

(a) the offence is one falling within subsection (3), or

(b) the condition in subsection (4) is satisfied.

(3) The offences are—

(a) the offence in respect of which the person is extradited;

(b) an extradition offence disclosed by the same facts as that offence;

(c) an extradition offence in respect of which the appropriate judge gives his consent under section 55 to the person being dealt with;

(d) an offence which is not punishable with imprisonment or another form of detention;

(e) an offence in respect of which the person will not be detained in connection with his trial, sentence or appeal;

(f) an offence in respect of which the person waives the right that he would have (but for this paragraph) not to be dealt with for the offence.

(4) The condition is that the person is given an opportunity to leave the category 1 territory and—

(a) he does not do so before the end of the permitted period, or

(b) if he does so before the end of the permitted period, he returns there.

(5) The permitted period is 45 days starting with the day on which the person arrives in the category 1 territory.

(6) Arrangements made with a category 1 territory which is a Commonwealth country or a British overseas territory may be made for a particular case or more generally.

(7) A certificate issued by or under the authority of the Secretary of State confirming the existence of arrangements with a category 1 territory which is a Commonwealth country or a British overseas territory and stating the terms of the arrangements is conclusive evidence of those matters.

Commencement Information

I22 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

18 Earlier extradition to United Kingdom from category 1 territory U.K.

A person’s extradition to a category 1 territory is barred by reason of his earlier extradition to the United Kingdom from another category 1 territory if (and only if)—

(a) the person was extradited to the United Kingdom from another category 1 territory (the extraditing territory);

(b) under arrangements between the United Kingdom and the extraditing territory, that territory’s consent is required to the person’s extradition from the United Kingdom to the category 1 territory in respect of the extradition offence under consideration;

(c) that consent has not been given on behalf of the extraditing territory.

Commencement Information

I23 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

19 Earlier extradition to United Kingdom from non-category 1 territory U.K.

A person’s extradition to a category 1 territory is barred by reason of his earlier extradition to the United Kingdom from a non-category 1 territory if (and only if)—

(a) the person was extradited to the United Kingdom from a territory that is not a category 1 territory (the extraditing territory);

(b) under arrangements between the United Kingdom and the extraditing territory, that territory’s consent is required to the person’s being dealt with in the United Kingdom in respect of the extradition offence under consideration;

(c) consent has not been given on behalf of the extraditing territory to the person’s extradition from the United Kingdom to the category 1 territory in respect of the extradition offence under consideration.

Commencement Information

I24 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[F17 19A Earlier transfer to United Kingdom by International Criminal Court U.K.

(1) A person's extradition to a category 1 territory is barred by reason of his earlier transfer by the International Criminal Court if (and only if)—

(a) the person was transferred to the United Kingdom to serve a sentence imposed by the Court;

(b) under arrangements between the United Kingdom and the Court, the consent of the Presidency of the Court is required to the person's extradition from the United Kingdom to the category 1 territory in respect of the extradition offence under consideration;

(c) that consent has not been given.

(2) Subsection (1) does not apply if the person has served the sentence imposed by the Court and has subsequently—

(a) remained voluntarily in the United Kingdom for more than 30 days, or

(b) left the United Kingdom and returned to it.]

Textual Amendments

F17 S. 19A inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 3(2); S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I25 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Yn ddilys o 18/09/2013

[F18 19B Forum U.K.

(1) A person's extradition to a category 1 territory (“the requesting territory”) is barred by reason of forum if (and only if) it appears that—

(a) a significant part of the conduct alleged to constitute the extradition offence is conduct in the United Kingdom, and

(b) in view of that and all the other circumstances, it would not be in the interests of justice for the person to be tried for the offence in the requesting territory.

(2) For the purposes of subsection (1)(b) the judge must take into account whether the relevant prosecution authorities in the United Kingdom have decided not to take proceedings against the person in respect of the conduct in question.

(3) This section does not apply if the person is alleged to be unlawfully at large after conviction of the extradition offence.]

Textual Amendments

F18 S. 19B inserted (prosp.) by Police and Justice Act 2006 (c. 48), s. 42, Sch. 13 paras. 4(2), 6

20 Case where person has been convicted U.K.

(1) If the judge is required to proceed under this section (by virtue of section 11) he must decide whether the person was convicted in his presence.

(2) If the judge decides the question in subsection (1) in the affirmative he must proceed under section 21.

(3) If the judge decides that question in the negative he must decide whether the person deliberately absented himself from his trial.

(4) If the judge decides the question in subsection (3) in the affirmative he must proceed under section 21.

(5) If the judge decides that question in the negative he must decide whether the person would be entitled to a retrial or (on appeal) to a review amounting to a retrial.

(6) If the judge decides the question in subsection (5) in the affirmative he must proceed under section 21.

(7) If the judge decides that question in the negative he must order the person’s discharge.

(8) The judge must not decide the question in subsection (5) in the affirmative unless, in any proceedings that it is alleged would constitute a retrial or a review amounting to a retrial, the person would have these rights—

(a) the right to defend himself in person or through legal assistance of his own choosing or, if he had not sufficient means to pay for legal assistance, to be given it free when the interests of justice so required;

(b) the right to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him.

Commencement Information

I26 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

21 Human rights U.K.

(1) If the judge is required to proceed under this section (by virtue of section 11 or 20) he must decide whether the person’s extradition would be compatible with the Convention rights within the meaning of the Human Rights Act 1998 (c. 42).

(2) If the judge decides the question in subsection (1) in the negative he must order the person’s discharge.

(3) If the judge decides that question in the affirmative he must order the person to be extradited to the category 1 territory in which the warrant was issued.

(4) If the judge makes an order under subsection (3) he must remand the person in custody or on bail to wait for his extradition to the category 1 territory.

(5) [F19 If the person is remanded in custody, the appropriate judge may]F19 later grant bail.

Textual Amendments

F19 Words in s. 21(5) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 16; S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I27 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Matters arising before end of extradition hearing U.K.

Commencement Information

I28 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

22 Person charged with offence in United Kingdom U.K.

(1) This section applies if at any time in the extradition hearing the judge is informed that the person in respect of whom the Part 1 warrant is issued is charged with an offence in the United Kingdom.

(2) The judge must adjourn the extradition hearing until one of these occurs—

(a) the charge is disposed of;

(b) the charge is withdrawn;

(c) proceedings in respect of the charge are discontinued;

(d) an order is made for the charge to lie on the file, or in relation to Scotland, the diet is deserted pro loco et tempore.

(3) If a sentence of imprisonment or another form of detention is imposed in respect of the offence charged, the judge may adjourn the extradition hearing until [F20 the person is released from detention pursuant to the sentence (whether on licence or otherwise)]F20 .

(4) If before he adjourns the extradition hearing under subsection (2) the judge has decided under section 11 whether the person’s extradition is barred by reason of the rule against double jeopardy, the judge must decide that question again after the resumption of the hearing.

Textual Amendments

F20 Words in s. 23(2) substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 71(2), 116; S.I. 2009/3096, art. 3(n) (with art. 4)

Commencement Information

I29 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

23 Person serving sentence in United Kingdom U.K.

(1) This section applies if at any time in the extradition hearing the judge is informed that the person in respect of whom the Part 1 warrant is issued is [F21 in custody]F21 serving a sentence of imprisonment or another form of detention in the United Kingdom.

(2) The judge may adjourn the extradition hearing until [F22 the person is released from detention pursuant to the sentence (whether on licence or otherwise)]F22 .

[F23 (3) In a case where an extradition hearing is adjourned under subsection (2)—

(a) section 131 of the Magistrates' Courts Act 1980 (remand of accused already in custody) has effect as if a reference to 28 clear days in subsection (1) or (2) of that section were a reference to six months;

(b) Article 47(2) of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (period of remand in custody) has effect as if a reference to 28 days in—

(i) paragraph (a)(iii), or

(ii) the words after paragraph (b),

were a reference to six months.F23 ]

Textual Amendments

F21 Words in s. 23(1) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 71(3)(a), 116; S.I. 2009/3096, art. 3(n) (with art. 4)

F22 Words in s. 23(2) substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 71(3)(b), 116; S.I. 2009/3096, art. 3(n) (with art. 4)

F23 S. 23(3) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 7; S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I30 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

24 Extradition request U.K.

(1) This section applies if at any time in the extradition hearing the judge is informed that—

(a) a certificate has been issued under section 70 in respect of a request for the person’s extradition;

(b) the request has not been disposed of;

(c) an order has been made under section 179(2) for further proceedings on the warrant to be deferred until the request has been disposed of.

(2) The judge must remand the person in custody or on bail.

(3) [F24 If the person is remanded in custody, the appropriate judge may]F24 later grant bail.

Textual Amendments

F24 Words in s. 24(3) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 16; S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I31 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

25 Physical or mental condition U.K.

(1) This section applies if at any time in the extradition hearing it appears to the judge that the condition in subsection (2) is satisfied.

(2) The condition is that the physical or mental condition of the person in respect of whom the Part 1 warrant is issued is such that it would be unjust or oppressive to extradite him.

(3) The judge must—

(a) order the person’s discharge, or

(b) adjourn the extradition hearing until it appears to him that the condition in subsection (2) is no longer satisfied.

Commencement Information

I32 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Appeals U.K.

Commencement Information

I33 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

26 Appeal against extradition order U.K.

(1) If the appropriate judge orders a person’s extradition under this Part, the person may appeal to the High Court against the order.

(2) But subsection (1) does not apply if the order is made under section 46 or 48.

(3) An appeal under this section may be brought on a question of law or fact.

(4) Notice of an appeal under this section must be given in accordance with rules of court before the end of the permitted period, which is 7 days starting with the day on which the order is made.

Commencement Information

I34 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

27 Court’s powers on appeal under section 26 U.K.

(1) On an appeal under section 26 the High Court may—

(a) allow the appeal;

(b) dismiss the appeal.

(2) The court may allow the appeal only if the conditions in subsection (3) or the conditions in subsection (4) are satisfied.

(3) The conditions are that—

(a) the appropriate judge ought to have decided a question before him at the extradition hearing differently;

(b) if he had decided the question in the way he ought to have done, he would have been required to order the person’s discharge.

(4) The conditions are that—

(a) an issue is raised that was not raised at the extradition hearing or evidence is available that was not available at the extradition hearing;

(b) the issue or evidence would have resulted in the appropriate judge deciding a question before him at the extradition hearing differently;

(c) if he had decided the question in that way, he would have been required to order the person’s discharge.

(5) If the court allows the appeal it must—

(a) order the person’s discharge;

(b) quash the order for his extradition.

Commencement Information

I35 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

28 Appeal against discharge at extradition hearing U.K.

(1) If the judge orders a person’s discharge at the extradition hearing the authority which issued the Part 1 warrant may appeal to the High Court against the relevant decision.

(2) But subsection (1) does not apply if the order for the person’s discharge was under section 41.

(3) The relevant decision is the decision which resulted in the order for the person’s discharge.

(4) An appeal under this section may be brought on a question of law or fact.

(5) Notice of an appeal under this section must be given in accordance with rules of court before the end of the permitted period, which is 7 days starting with the day on which the order for the person’s discharge is made.

Commencement Information

I36 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

29 Court’s powers on appeal under section 28 U.K.

(1) On an appeal under section 28 the High Court may—

(a) allow the appeal;

(b) dismiss the appeal.

(2) The court may allow the appeal only if the conditions in subsection (3) or the conditions in subsection (4) are satisfied.

(3) The conditions are that—

(a) the judge ought to have decided the relevant question differently;

(b) if he had decided the question in the way he ought to have done, he would not have been required to order the person’s discharge.

(4) The conditions are that—

(a) an issue is raised that was not raised at the extradition hearing or evidence is available that was not available at the extradition hearing;

(b) the issue or evidence would have resulted in the judge deciding the relevant question differently;

(c) if he had decided the question in that way, he would not have been required to order the person’s discharge.

(5) If the court allows the appeal it must—

(a) quash the order discharging the person;

(b) remit the case to the judge;

(c) direct him to proceed as he would have been required to do if he had decided the relevant question differently at the extradition hearing.

(6) A question is the relevant question if the judge’s decision on it resulted in the order for the person’s discharge.

[F25 (7) If the court allows the appeal it must remand the person in custody or on bail.

(8) If the court remands the person in custody it may later grant bail.F25 ]

Textual Amendments

F25 S. 29(7)(8) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 8(1); S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I37 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

30 Detention pending conclusion of appeal under section 28 U.K.

(1) This section applies if immediately after the judge orders the person’s discharge the judge is informed by the authority which issued the Part 1 warrant that it intends to appeal under section 28.

(2) The judge must remand the person in custody or on bail while the appeal is pending.

(3) [F26 If the person is remanded in custody, the appropriate judge may]F26 later grant bail.

(4) An appeal under section 28 ceases to be pending at the earliest of these times—

(a) when the proceedings on the appeal are discontinued;

[F27 (b) when the High Court—

(i) allows the appeal, or

(ii) dismisses the appeal,

unless, where the appeal is dismissed, the authority immediately informs the court that it intends to apply for leave to appeal to the [F28 Supreme Court]F28 ;]

F27 (c) at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the [F28 Supreme Court]F28 against the decision of the High Court on the appeal is granted [F29 , if no appeal to the [F28 Supreme Court]F28 is brought before the end of that period]F29 ;

(d) when there is no further step that can be taken by the authority which issued the Part 1 warrant in relation to the appeal (ignoring any power of a court to grant leave to take a step out of time).

(5) The preceding provisions of this section apply to Scotland with these modifications—

(a) in subsection (4)(b) omit the words from [F30 unless]F30 to the end;

(b) omit subsection (4)(c).

Textual Amendments

F26 Words in s. 30(3) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 16; S.I. 2006/3364, art. 2(d)(e)

F27 S. 30(4)(b) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 8(2)(a); S.I. 2006/3364, art. 2(d)(e)

F28 Words in s. 30 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(4)(a); S.I. 2009/1604, art. 2(d)

F29 Words in s. 30(4)(c) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 8(2)(b); S.I. 2006/3364, art. 2(d)(e)

F30 Word in s. 30(5)(a) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 8(2)(c); S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I38 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

31 Appeal to High Court: time limit for start of hearing U.K.

(1) Rules of court must prescribe the period (the relevant period) within which the High Court must begin to hear an appeal under section 26 or 28.

(2) Rules of court must provide for the relevant period to start with the date on which the person in respect of whom a Part 1 warrant is issued—

(a) was arrested under section 5, if he was arrested under that section;

(b) was arrested under the Part 1 warrant, if he was not arrested under section 5.

(3) The High Court must begin to hear the appeal before the end of the relevant period.

(4) The High Court may extend the relevant period if it believes it to be in the interests of justice to do so; and this subsection may apply more than once.

(5) The power in subsection (4) may be exercised even after the end of the relevant period.

(6) If subsection (3) is not complied with and the appeal is under section 26—

(a) the appeal must be taken to have been allowed by a decision of the High Court;

(b) the person whose extradition has been ordered must be taken to have been discharged by the High Court;

(c) the order for the person’s extradition must be taken to have been quashed by the High Court.

(7) If subsection (3) is not complied with and the appeal is under section 28 the appeal must be taken to have been dismissed by a decision of the High Court.

Commencement Information

I39 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

32 Appeal to [F31 Supreme CourtF31 ] U.K.

(1) An appeal lies to the [F32 Supreme Court]F32 from a decision of the High Court on an appeal under section 26 or 28.

(2) An appeal under this section lies at the instance of—

(a) the person in respect of whom the Part 1 warrant was issued;

(b) the authority which issued the Part 1 warrant.

(3) An appeal under this section lies only with the leave of the High Court or the [F33 Supreme Court]F33 .

(4) Leave to appeal under this section must not be granted unless—

(a) the High Court has certified that there is a point of law of general public importance involved in the decision, and

(b) it appears to the court granting leave that the point is one which ought to be considered by the [F34 Supreme Court]F34 .

(5) An application to the High Court for leave to appeal under this section must be made before the end of the permitted period, which is 14 days starting with the day on which the court makes its decision on the appeal to it.

(6) An application to the [F35 Supreme Court]F35 for leave to appeal under this section must be made before the end of the permitted period, which is 14 days starting with the day on which the High Court refuses leave to appeal.

(7) If leave to appeal under this section is granted, the appeal must be brought before the end of the permitted period, which is 28 days starting with the day on which leave is granted.

(8) If subsection (7) is not complied with—

(a) the appeal must be taken to have been brought;

(b) the appeal must be taken to have been dismissed by the [F36 Supreme Court]F36 immediately after the end of the period permitted under that subsection.

(9) These must be ignored for the purposes of subsection (8)(b)—

(a) any power of a court to extend the period permitted for bringing the appeal;

(b) any power of a court to grant leave to take a step out of time.

[F37 (10) The High Court may grant bail to a person appealing under this section, or applying for leave to appeal under this section, against the dismissal of his appeal under section 26.]

F37 (11) Section 5 of the Appellate Jurisdiction Act 1876 (c. 59) (composition of House of Lords for hearing and determination of appeals) applies in relation to an appeal under this section or an application for leave to appeal under this section as it applies in relation to an appeal under that Act.

(12) An order of the House of Lords which provides for an application for leave to appeal under this section to be determined by a committee constituted in accordance with section 5 of the Appellate Jurisdiction Act 1876 may direct that the decision of the committee is taken on behalf of the House.

(13) The preceding provisions of this section do not apply to Scotland.

Textual Amendments

F31 Words in s. 32 sidenote substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(2); S.I. 2009/1604, art. 2(d)

F32 Words in s. 32(1) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(2); S.I. 2009/1604, art. 2(d)

F33 Words in s. 32(3) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(2); S.I. 2009/1604, art. 2(d)

F34 Words in s. 32(4)(b) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(2); S.I. 2009/1604, art. 2(d)

F35 Words in s. 32(6) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(2); S.I. 2009/1604, art. 2(d)

F36 Words in s. 32(8)(b) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(2); S.I. 2009/1604, art. 2(d)

F37 S. 32(10) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 8(3); S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I40 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

33 Powers of [F38 Supreme Court]F38 on appeal under section 32 U.K.

(1) On an appeal under section 32 the [F39 Supreme Court]F39 may—

(a) allow the appeal;

(b) dismiss the appeal.

(2) Subsection (3) applies if—

(a) the person in respect of whom the Part 1 warrant was issued brings an appeal under section 32, and

(b) the [F39 Supreme Court]F39 allows the appeal.

(3) The [F39 Supreme Court]F39 must—

(a) order the person’s discharge;

(b) quash the order for his extradition, if the appeal was against a decision of the High Court to dismiss an appeal under section 26.

(4) Subsection (5) applies if—

(a) the High Court allows an appeal under section 26 by the person in respect of whom the Part 1 warrant was issued,

(b) the authority which issued the warrant brings an appeal under section 32 against the decision of the High Court, and

(c) the [F39 Supreme Court]F39 allows the appeal.

(5) The [F39 Supreme Court]F39 must—

(a) quash the order of the High Court under section 27(5) discharging the person;

(b) order the person to be extradited to the category 1 territory in which the warrant was issued.

(6) Subsections (7) and (8) apply if—

(a) the High Court dismisses an appeal under section 28 against a decision made by the judge at the extradition hearing,

(b) the authority which issued the Part 1 warrant brings an appeal under section 32 against the decision of the High Court, and

(c) the [F39 Supreme Court]F39 allows the appeal.

(7) If the judge would have been required to order the person in respect of whom the warrant was issued to be extradited had he decided the relevant question differently, the [F39 Supreme Court]F39 must—

(a) quash the order of the judge discharging the person;

(b) order the person to be extradited to the category 1 territory in which the warrant was issued.

(8) In any other case, the [F39 Supreme Court]F39 must—

(a) quash the order of the judge discharging the person in respect of whom the warrant was issued;

(b) remit the case to the judge;

(c) direct him to proceed as he would have been required to do if he had decided the relevant question differently at the extradition hearing.

(9) A question is the relevant question if the judge’s decision on it resulted in the order for the person’s discharge.

[F40 (10) In a case where—

(a) subsection (5) applies, or

(b) subsections (7) and (8) apply,

the [F39 Supreme Court]F39 must remand, in custody or on bail, the person in respect of whom the warrant was issued.

(11) If the [F39 Supreme Court]F39 remands the person in custody the High Court may later grant bail.F40 ]

Textual Amendments

F38 Words in s. 33 sidenote substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(4)(b); S.I. 2009/1604, art. 2(d)

F39 Words in s. 33 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(4)(b); S.I. 2009/1604, art. 2(d)

F40 S. 33(10)(11) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 8(4); S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I41 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[F41 33A Detention pending conclusion of certain appeals under section 32 U.K.

(1) This section applies if immediately after the High Court orders the person's discharge the court is informed by the authority which issued the Part 1 warrant that it intends to appeal under section 32.

(2) The court must remand the person in custody or on bail while the appeal under section 32 is pending.

(3) If the court remands the person in custody it may later grant bail.

(4) An appeal under section 32 ceases to be pending at the earliest of these times—

(a) when the proceedings on the appeal are discontinued;

(b) at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the House of Lords against the decision of the High Court on the appeal under section 26 is granted, if no appeal to the House of Lords is brought before the end of that period;

(c) when there is no further step that can be taken by the authority which issued the Part 1 warrant in relation to the appeal (ignoring any power of a court to grant leave to take a step out of time).

(5) The preceding provisions of this section do not apply to Scotland.]

Textual Amendments

F41 S. 33A inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 8(5); S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I42 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

34 Appeals: general U.K.

A decision of the judge under this Part may be questioned in legal proceedings only by means of an appeal under this Part.

Commencement Information

I43 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Time for extradition U.K.

Commencement Information

I44 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

35 Extradition where no appeal U.K.

(1) This section applies if—

(a) the appropriate judge orders a person’s extradition to a category 1 territory under this Part, and

(b) no notice of an appeal under section 26 is given before the end of the period permitted under that section.

(2) But this section does not apply if the order is made under section 46 or 48.

(3) The person must be extradited to the category 1 territory before the end of the required period.

(4) The required period is—

(a) 10 days starting with [F42 the first day after the period permitted under section 26 for giving notice of appeal against the judge's order]F42 , or

(b) if the judge and the authority which issued the Part 1 warrant agree a later date, 10 days starting with the later date.

(5) If subsection (3) is not complied with and the person applies to the appropriate judge to be discharged the judge must order his discharge, unless reasonable cause is shown for the delay.

(6) These must be ignored for the purposes of subsection (1)(b)—

(a) any power of a court to extend the period permitted for giving notice of appeal;

(b) any power of a court to grant leave to take a step out of time.

Textual Amendments

F42 Words in s. 35(4)(a) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 9(1); S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I45 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

36 Extradition following appeal U.K.

(1) This section applies if—

(a) there is an appeal to the High Court under section 26 against an order for a person’s extradition to a category 1 territory, and

(b) the effect of the decision of the relevant court on the appeal is that the person is to be extradited there.

(2) The person must be extradited to the category 1 territory before the end of the required period.

(3) The required period is—

(a) 10 days starting with the day on which the decision of the relevant court on the appeal becomes final or proceedings on the appeal are discontinued, or

(b) if the relevant court and the authority which issued the Part 1 warrant agree a later date, 10 days starting with the later date.

(4) The relevant court is—

(a) the High Court, if there is no appeal to the [F43 Supreme Court]F43 against the decision of the High Court on the appeal;

(b) the [F43 Supreme Court]F43 , if there is such an appeal.

(5) The decision of the High Court on the appeal becomes final—

(a) when the period permitted for applying to the High Court for leave to appeal to the [F43 Supreme Court]F43 ends, if there is no such application;

(b) when the period permitted for applying to the [F43 Supreme Court]F43 for leave to appeal to it ends, if the High Court refuses leave to appeal and there is no application to the [F43 Supreme Court]F43 for leave to appeal;

(c) when the [F43 Supreme Court]F43 refuses leave to appeal to it;

(d) at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the [F43 Supreme Court]F43 is granted, if no such appeal is brought before the end of that period.

(6) These must be ignored for the purposes of subsection (5)—

(a) any power of a court to extend the period permitted for applying for leave to appeal;

(b) any power of a court to grant leave to take a step out of time.

(7) The decision of the [F43 Supreme Court]F43 on the appeal becomes final when it is made.

(8) If subsection (2) is not complied with and the person applies to the appropriate judge to be discharged the judge must order his discharge, unless reasonable cause is shown for the delay.

(9) The preceding provisions of this section apply to Scotland with these modifications—

(a) in subsections (1) and (3) for “relevant court” substitute “ High Court ”;

(b) omit subsections (4) to (7).

Textual Amendments

F43 Words in s. 36 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(4)(c); S.I. 2009/1604, art. 2(d)

Commencement Information

I46 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

37 Undertaking in relation to person serving sentence in United Kingdom U.K.

(1) This section applies if—

(a) the appropriate judge orders a person’s extradition to a category 1 territory under this Part;

(b) the person is serving a sentence of imprisonment or another form of detention in the United Kingdom [F44 , either—

(i) in custody, or

(ii) on licence]F44 .

(2) But this section does not apply if the order is made under section 46 or 48.

(3) The judge may make the order for extradition subject to the condition that extradition is not to take place before he receives an undertaking given on behalf of the category 1 territory in terms specified by him.

(4) The terms which may be specified by the judge in relation to a person [F45 within subsection (1)(b)(i) who is]F45 accused in a category 1 territory of the commission of an offence include terms—

(a) that the person be kept in custody until the conclusion of the proceedings against him for the offence and any other offence in respect of which he is permitted to be dealt with in the category 1 territory;

(b) that the person be returned to the United Kingdom to serve the remainder of his sentence on the conclusion of those proceedings.

[F46 (4A) The terms which may be specified by the judge in relation to a person within subsection (1)(b)(ii) who is accused in a category 1 territory of the commission of an offence include terms that the person be returned to the United Kingdom to serve the remainder of his sentence after serving any sentence imposed on him in the category 1 territory for—

(a) the offence, and

(b) any other offence in respect of which he is permitted to be dealt with in the category 1 territory.]

F46 (5) The terms which may be specified by the judge in relation to a person alleged to be unlawfully at large after conviction of an offence by a court in a category 1 territory include terms that the person be returned to the United Kingdom to serve the remainder of his sentence after serving any sentence imposed on him in the category 1 territory for—

(a) the offence, and

(b) any other offence in respect of which he is permitted to be dealt with in the category 1 territory.

(6) Subsections (7) and (8) apply if the judge makes an order for extradition subject to a condition under subsection (3).

(7) If the judge does not receive the undertaking before the end of the period of 21 days starting with the day on which he makes the order and the person applies to the appropriate judge to be discharged, the judge must order his discharge.

(8) If the judge receives the undertaking before the end of that period—

(a) in a case where section 35 applies, the required period for the purposes of section 35(3) is 10 days starting with the day on which the judge receives the undertaking;

(b) in a case where section 36 applies, the required period for the purposes of section 36(2) is 10 days starting with the day on which the decision of the relevant court on the appeal becomes final (within the meaning of that section) or (if later) the day on which the judge receives the undertaking.

[F47 Paragraph (a) applies only if the day mentioned in that paragraph is later than the day mentioned in section 35(4)(a).F47 ]

Textual Amendments

F44 S. 37(b)(i)(ii) and word inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 10(2); S.I. 2006/3364, art. 2(d)(e)

F45 Words in s. 37(4) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 10(3); S.I. 2006/3364, art. 2(d)(e)

F46 S. 37(4A) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 10(4); S.I. 2006/3364, art. 2(d)(e)

F47 Words in s. 37(8) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 9(2); S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I47 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

38 Extradition following deferral for competing claim U.K.

(1) This section applies if—

(a) an order is made under this Part for a person to be extradited to a category 1 territory in pursuance of a Part 1 warrant;

(b) before the person is extradited to the territory an order is made under section 44(4)(b) or 179(2)(b) for the person’s extradition in pursuance of the warrant to be deferred;

(c) the appropriate judge makes an order under section 181(2) for the person’s extradition in pursuance of the warrant to cease to be deferred.

(2) But this section does not apply if the order for the person’s extradition is made under section 46 or 48.

(3) In a case where section 35 applies, the required period for the purposes of section 35(3) is 10 days starting with the day on which the order under section 181(2) is made.[F48 This subsection applies only if the day on which the order is made is later than the day mentioned in section 35(4)(a).]

F48 (4) In a case where section 36 applies, the required period for the purposes of section 36(2) is 10 days starting with the day on which the decision of the relevant court on the appeal becomes final (within the meaning of that section) or (if later) the day on which the order under section 181(2) is made.

Textual Amendments

F48 Words in s. 38(3) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 9(3); S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I48 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

39 Asylum claim U.K.

(1) This section applies if—

(a) a person in respect of whom a Part 1 warrant is issued makes an asylum claim at any time in the relevant period;

(b) an order is made under this Part for the person to be extradited in pursuance of the warrant.

(2) The relevant period is the period—

(a) starting when a certificate is issued under section 2 in respect of the warrant;

(b) ending when the person is extradited in pursuance of the warrant.

(3) The person must not be extradited in pursuance of the warrant before the asylum claim is finally determined; and sections 35, 36, 47 and 49 have effect subject to this.

(4) Subsection (3) is subject to section 40.

(5) If the Secretary of State allows the asylum claim, the claim is finally determined when he makes his decision on the claim.

(6) If the Secretary of State rejects the asylum claim, the claim is finally determined—

(a) when the Secretary of State makes his decision on the claim, if there is no right to appeal against the Secretary of State’s decision on the claim;

(b) when the period permitted for appealing against the Secretary of State’s decision on the claim ends, if there is such a right but there is no such appeal;

(c) when the appeal against that decision is finally determined or is withdrawn or abandoned, if there is such an appeal.

(7) An appeal against the Secretary of State’s decision on an asylum claim is not finally determined for the purposes of subsection (6) at any time when a further appeal or an application for leave to bring a further appeal—

(a) has been instituted and has not been finally determined or withdrawn or abandoned, or

(b) may be brought.

(8) The remittal of an appeal is not a final determination for the purposes of subsection (7).

(9) The possibility of an appeal out of time with leave must be ignored for the purposes of subsections (6) and (7).

Commencement Information

I49 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

40 Certificate in respect of asylum claimant U.K.

(1) Section 39(3) does not apply in relation to a person if the Secretary of State has certified that the conditions in subsection (2) or the conditions in subsection (3) are satisfied in relation to him.

(2) The conditions are that—

(a) the category 1 territory to which the person’s extradition has been ordered has accepted that, under standing arrangements, it is the responsible State in relation to the person’s asylum claim;

(b) in the opinion of the Secretary of State, the person is not a national or citizen of the territory.

(3) The conditions are that, in the opinion of the Secretary of State—

(a) the person is not a national or citizen of the category 1 territory to which his extradition has been ordered;

(b) the person’s life and liberty would not be threatened in that territory by reason of his race, religion, nationality, political opinion or membership of a particular social group;

(c) the government of the territory would not send the person to another country otherwise than in accordance with the Refugee Convention.

(4) In this section—

• “the Refugee Convention” has the meaning given by section 167(1) of the Immigration and Asylum Act 1999 (c. 33);

• “standing arrangements” means arrangements in force between the United Kingdom and the category 1 territory for determining which State is responsible for considering applications for asylum.

Commencement Information

I50 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Withdrawal of Part 1 warrant U.K.

Commencement Information

I51 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

41 Withdrawal of warrant before extradition U.K.

(1) This section applies if at any time in the relevant period the appropriate judge is informed by the designated authority that a Part 1 warrant issued in respect of a person has been withdrawn.

(2) The relevant period is the period—

(a) starting when the person is first brought before the appropriate judge following his arrest under this Part;

(b) ending when the person is extradited in pursuance of the warrant or discharged.

(3) The judge must order the person’s discharge.

(4) If the person is not before the judge at the time the judge orders his discharge, the judge must inform him of the order as soon as practicable.

Commencement Information

I52 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

42 Withdrawal of warrant while appeal to High Court pending U.K.

(1) This section applies if at any time in the relevant period the High Court is informed by the designated authority that a Part 1 warrant issued in respect of a person has been withdrawn.

(2) The relevant period is the period—

(a) starting when notice of an appeal to the court is given by the person or the authority which issued the warrant;

(b) ending when proceedings on the appeal are discontinued or the court makes its decision on the appeal.

(3) The court must—

(a) if the appeal is under section 26, order the person’s discharge and quash the order for his extradition;

(b) if the appeal is under section 28, dismiss the appeal.

(4) If the person is not before the court at the time the court orders his discharge, the court must inform him of the order as soon as practicable.

Commencement Information

I53 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

43 Withdrawal of warrant while appeal to [F49 Supreme Court]F49 pending U.K.

(1) This section applies if at any time in the relevant period the [F50 Supreme Court]F50 is informed by the designated authority that a Part 1 warrant issued in respect of a person has been withdrawn.

(2) The relevant period is the period—

(a) starting when leave to appeal to the [F50 Supreme Court]F50 is granted to the person or the authority which issued the warrant;

(b) ending when proceedings on the appeal are discontinued or the [F50 Supreme Court]F50 makes its decision on the appeal.

(3) If the appeal is brought by the person in respect of whom the warrant was issued the [F50 Supreme Court]F50 must—

(a) order the person’s discharge;

(b) quash the order for his extradition, in a case where the appeal was against a decision of the High Court to dismiss an appeal under section 26.

(4) If the appeal is brought by the authority which issued the warrant the [F50 Supreme Court]F50 must dismiss the appeal.

(5) If the person is not before the [F50 Supreme Court]F50 at the time it orders his discharge, the [F50 Supreme Court]F50 must inform him of the order as soon as practicable.

Textual Amendments

F49 Words in s. 43 sidenote substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(4)(d); S.I. 2009/1604, art. 2(d)

F50 Words in s. 43 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(4)(d); S.I. 2009/1604, art. 2(d)

Commencement Information

I54 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Competing Part 1 warrants U.K.

Commencement Information

I55 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

44 Competing Part 1 warrants U.K.

(1) This section applies if at any time in the relevant period the conditions in subsection (3) are satisfied in relation to a person in respect of whom a Part 1 warrant has been issued.

(2) The relevant period is the period—

(a) starting when the person is first brought before the appropriate judge following his arrest under this Part;

(b) ending when the person is extradited in pursuance of the warrant or discharged.

(3) The conditions are that—

(a) the judge is informed that another Part 1 warrant has been issued in respect of the person;

(b) the other warrant falls to be dealt with by the judge or by a judge who is the appropriate judge in another part of the United Kingdom;

(c) the other warrant has not been disposed of.

(4) The judge may—

(a) order further proceedings on the warrant under consideration to be deferred until the other warrant has been disposed of, if the warrant under consideration has not been disposed of;

(b) order the person’s extradition in pursuance of the warrant under consideration to be deferred until the other warrant has been disposed of, if an order for his extradition in pursuance of the warrant under consideration has been made.

(5) If the judge makes an order under subsection (4) and the person is not already remanded in custody or on bail, the judge must remand the person in custody or on bail.

(6) [F51 If the person is remanded in custody, the appropriate judge may]F51 later grant bail.

(7) In applying subsection (4) the judge must take account in particular of these matters—

(a) the relative seriousness of the offences concerned;

(b) the place where each offence was committed (or was alleged to have been committed);

(c) the date on which each warrant was issued;

(d) whether, in the case of each offence, the person is accused of its commission (but not alleged to have been convicted) or is alleged to be unlawfully at large after conviction.

Textual Amendments

F51 Words in s. 44(6) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 16; S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I56 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Consent to extradition U.K.

Commencement Information

I57 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

45 Consent to extradition U.K.

(1) A person arrested under a Part 1 warrant may consent to his extradition to the category 1 territory in which the warrant was issued.

(2) A person arrested under section 5 may consent to his extradition to the category 1 territory referred to in subsection (1) of that section.

(3) If a person consents to his extradition under this section he must be taken to have waived any right he would have (apart from the consent) not to be dealt with in the category 1 territory for an offence committed before his extradition.

(4) Consent under this section—

(a) must be given before the appropriate judge;

(b) must be recorded in writing;

(c) is irrevocable.

(5) A person may not give his consent under this section unless—

(a) he is legally represented before the appropriate judge at the time he gives consent, or

(b) he is a person to whom subsection (6) applies.

(6) This subsection applies to a person if—

(a) he has been informed of his right to apply for legal aid and has had the opportunity to apply for legal aid, but he has refused or failed to apply;

(b) he has applied for legal aid but his application has been refused;

(c) he was granted legal aid but the legal aid was withdrawn.

(7) In subsection (6) “legal aid” means—

(a) in England and Wales, a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service;

(b) in Scotland, such legal aid as is available by virtue of section 183(a) of this Act;

(c) in Northern Ireland, such free legal aid as is available by virtue of sections 184 and 185 of this Act.

(8) For the purposes of subsection (5) a person is to be treated as legally represented before the appropriate judge if (and only if) he has the assistance of counsel or a solicitor to represent him in the proceedings before the appropriate judge.

Commencement Information

I58 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

46 Extradition order following consent U.K.

(1) This section applies if a person consents to his extradition under section 45.

(2) The judge must remand the person in custody or on bail.

(3) [F52 If the person is remanded in custody, the appropriate judge may]F52 later grant bail.

(4) If the judge has not fixed a date under section 8 on which the extradition hearing is to begin he is not required to do so.

(5) If the extradition hearing has begun the judge is no longer required to proceed or continue proceeding under sections 10 to 25.

(6) The judge must within the period of 10 days starting with the day on which consent is given order the person’s extradition to the category 1 territory.

(7) Subsection (6) has effect subject to sections 48 and 51.

(8) If subsection (6) is not complied with and the person applies to the judge to be discharged the judge must order his discharge.

Textual Amendments

F52 Words in s. 46(3) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 16; S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I59 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

47 Extradition to category 1 territory following consent U.K.

(1) This section applies if the appropriate judge makes an order under section 46(6) for a person’s extradition to a category 1 territory.

(2) The person must be extradited to the category 1 territory before the end of the required period.

(3) The required period is—

(a) 10 days starting with the day on which the order is made, or

(b) if the judge and the authority which issued the Part 1 warrant agree a later date, 10 days starting with the later date.

(4) If subsection (2) is not complied with and the person applies to the judge to be discharged the judge must order his discharge, unless reasonable cause is shown for the delay.

(5) If before the person is extradited to the category 1 territory the judge is informed by the designated authority that the Part 1 warrant has been withdrawn—

(a) subsection (2) does not apply, and

(b) the judge must order the person’s discharge.

Commencement Information

I60 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

48 Other warrant issued following consent U.K.

(1) This section applies if—

(a) a person consents under section 45 to his extradition to a category 1 territory, and

(b) the conditions in subsection (2) are satisfied before the judge orders his extradition under section 46(6).

(2) The conditions are that—

(a) the judge is informed that another Part 1 warrant has been issued in respect of the person;

(b) the warrant falls to be dealt with by the judge or by a judge who is the appropriate judge in another part of the United Kingdom;

(c) the warrant has not been disposed of.

(3) Section 46(6) does not apply but the judge may—

(a) order the person’s extradition in pursuance of his consent, or

(b) order further proceedings on the warrant under consideration to be deferred until the other warrant has been disposed of.

(4) Subsection (3) is subject to section 51.

(5) In applying subsection (3) the judge must take account in particular of these matters—

(a) the relative seriousness of the offences concerned;

(b) the place where each offence was committed (or was alleged to have been committed);

(c) the date on which each warrant was issued;

(d) whether, in the case of each offence, the person is accused of its commission (but not alleged to have been convicted) or is alleged to be unlawfully at large after conviction.

Commencement Information

I61 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

49 Other warrant issued: extradition to category 1 territory U.K.

(1) This section applies if the appropriate judge makes an order under section 48(3)(a) for a person’s extradition to a category 1 territory.

(2) The person must be extradited to the category 1 territory before the end of the required period.

(3) The required period is—

(a) 10 days starting with the day on which the order is made, or

(b) if the judge and the authority which issued the Part 1 warrant agree a later date, 10 days starting with the later date.

(4) If subsection (2) is not complied with and the person applies to the judge to be discharged the judge must order his discharge, unless reasonable cause is shown for the delay.

(5) If before the person is extradited to the category 1 territory the judge is informed by the designated authority that the Part 1 warrant has been withdrawn—

(a) subsection (2) does not apply, and

(b) the judge must order the person’s discharge.

Commencement Information

I62 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

50 Other warrant issued: proceedings deferred U.K.

(1) This section applies if the appropriate judge makes an order under section 48(3)(b) for further proceedings on a Part 1 warrant to be deferred.

(2) The judge must remand the person in respect of whom the warrant was issued in custody or on bail.

(3) [F53 If the person is remanded in custody, the appropriate judge may]F53 later grant bail.

(4) If an order is made under section 180 for proceedings on the warrant to be resumed, the period specified in section 46(6) must be taken to be 10 days starting with the day on which the order under section 180 is made.

Textual Amendments

F53 Words in s. 50(3) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 16; S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I63 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

51 Extradition request following consent U.K.

(1) This section applies if—

(a) a person in respect of whom a Part 1 warrant is issued consents under section 45 to his extradition to the category 1 territory in which the warrant was issued, and

(b) the condition in subsection (2) is satisfied before the judge orders his extradition under section 46(6) or 48(3)(a).

(2) The condition is that the judge is informed that—

(a) a certificate has been issued under section 70 in respect of a request for the person’s extradition;

(b) the request has not been disposed of.

(3) The judge must not make an order under section 46(6) or 48(3) until he is informed what order has been made under section 179(2).

(4) If the order under section 179(2) is for further proceedings on the warrant to be deferred until the request has been disposed of, the judge must remand the person in custody or on bail.

(5) [F54 If the person is remanded in custody, the appropriate judge may]F54 later grant bail.

(6) If—

(a) the order under section 179(2) is for further proceedings on the warrant to be deferred until the request has been disposed of, and

(b) an order is made under section 180 for proceedings on the warrant to be resumed,

the period specified in section 46(6) must be taken to be 10 days starting with the day on which the order under section 180 is made.

(7) If the order under section 179(2) is for further proceedings on the request to be deferred until the warrant has been disposed of, the period specified in section 46(6) must be taken to be 10 days starting with the day on which the judge is informed of the order.

Textual Amendments

F54 Words in s. 51(5) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 16; S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I64 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

52 Undertaking in relation to person serving sentence U.K.

(1) This section applies if—

(a) the appropriate judge makes an order under section 46(6) or 48(3)(a) for a person’s extradition to a category 1 territory;

(b) the person is serving a sentence of imprisonment or another form of detention in the United Kingdom [F55 , either—

(i) in custody, or

(ii) on licence]

F55 .

(2) The judge may make the order for extradition subject to the condition that extradition is not to take place before he receives an undertaking given on behalf of the category 1 territory in terms specified by him.

(3) The terms which may be specified by the judge in relation to a person [F56 within subsection (1)(b)(i) who is]F56 accused in a category 1 territory of the commission of an offence include terms—

(a) that the person be kept in custody until the conclusion of the proceedings against him for the offence and any other offence in respect of which he is permitted to be dealt with in the category 1 territory;

(b) that the person be returned to the United Kingdom to serve the remainder of his sentence on the conclusion of those proceedings.

[F57 (3A) The terms which may be specified by the judge in relation to a person within subsection (1)(b)(ii) who is accused in a category 1 territory of the commission of an offence include terms that the person be returned to the United Kingdom to serve the remainder of his sentence after serving any sentence imposed on him in the category 1 territory for—

(a) the offence, and

(b) any other offence in respect of which he is permitted to be dealt with in the category 1 territory.]

F57 (4) The terms which may be specified by the judge in relation to a person alleged to be unlawfully at large after conviction of an offence by a court in a category 1 territory include terms that the person be returned to the United Kingdom to serve the remainder of his sentence after serving any sentence imposed on him in the category 1 territory for—

(a) the offence, and

(b) any other offence in respect of which he is permitted to be dealt with in the category 1 territory.

(5) If the judge makes an order for extradition subject to a condition under subsection (2) the required period for the purposes of sections 47(2) and 49(2) is 10 days starting with the day on which the judge receives the undertaking.

Textual Amendments

F55 S. 52(1)(b)(i)(ii) and words inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 11(2); S.I. 2006/3364, art. 2(d)(e)

F56 Words in s. 52(3) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 11(3); S.I. 2006/3364, art. 2(d)(e)

F57 S. 52(3A) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 11(4); S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I65 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

53 Extradition following deferral for competing claim U.K.

(1) This section applies if—

(a) an order is made under section 46(6) or 48(3)(a) for a person to be extradited to a category 1 territory in pursuance of a Part 1 warrant;

(b) before the person is extradited to the territory an order is made under section 44(4)(b) or 179(2)(b) for the person’s extradition in pursuance of the warrant to be deferred;

(c) the appropriate judge makes an order under section 181(2) for the person’s extradition in pursuance of the warrant to cease to be deferred.

(2) The required period for the purposes of sections 47(2) and 49(2) is 10 days starting with the day on which the order under section 181(2) is made.

Commencement Information

I66 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Post-extradition matters U.K.

Commencement Information

I67 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

54 Request for consent to other offence being dealt with U.K.

(1) This section applies if—

(a) a person is extradited to a category 1 territory in respect of an offence in accordance with this Part;

(b) the appropriate judge receives a request for consent to the person being dealt with in the territory for another offence;

(c) the request is certified under this section by the designated authority.

(2) The designated authority may certify a request for consent under this section if it believes that the authority making the request—

(a) is a judicial authority of the territory, and

(b) has the function of making requests for the consent referred to in subsection (1)(b) in that territory.

(3) A certificate under subsection (2) must certify that the authority making the request falls within paragraphs (a) and (b) of that subsection.

(4) The judge must serve notice on the person that he has received the request for consent, unless he is satisfied that it would not be practicable to do so.

(5) The consent hearing must begin before the end of the required period, which is 21 days starting with the day on which the request for consent is received by the designated authority.

(6) The judge may extend the required period if he believes it to be in the interests of justice to do so; and this subsection may apply more than once.

(7) The power in subsection (6) may be exercised even after the end of the required period.

(8) If the consent hearing does not begin before the end of the required period and the judge does not exercise the power in subsection (6) to extend the period, he must refuse consent.

(9) The judge may at any time adjourn the consent hearing.

(10) The consent hearing is the hearing at which the judge is to consider the request for consent.

Commencement Information

I68 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

55 Questions for decision at consent hearing U.K.

(1) At the consent hearing under section 54 the judge must decide whether consent is required to the person being dealt with in the territory for the offence for which consent is requested.

(2) If the judge decides the question in subsection (1) in the negative he must inform the authority making the request of his decision.

(3) If the judge decides that question in the affirmative he must decide whether the offence for which consent is requested is an extradition offence.

(4) If the judge decides the question in subsection (3) in the negative he must refuse consent.

(5) If the judge decides that question in the affirmative he must decide whether he would order the person’s extradition under sections 11 to 25 if—

(a) the person were in the United Kingdom, and

(b) the judge were required to proceed under section 11 in respect of the offence for which consent is requested.

(6) If the judge decides the question in subsection (5) in the affirmative he must give consent.

(7) If the judge decides that question in the negative he must refuse consent.

(8) Consent is not required to the person being dealt with in the territory for the offence if the person has been given an opportunity to leave the territory and—

(a) he has not done so before the end of the permitted period, or

(b) if he did so before the end of the permitted period, he has returned there.

(9) The permitted period is 45 days starting with the day on which the person arrived in the territory following his extradition there in accordance with this Part.

(10) Subject to subsection (8), the judge must decide whether consent is required to the person being dealt with in the territory for the offence by reference to what appears to him to be the law of the territory or arrangements made between the territory and the United Kingdom.

Commencement Information

I69 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

56 Request for consent to further extradition to category 1 territory U.K.

(1) This section applies if—

(a) a person is extradited to a category 1 territory (the requesting territory) in accordance with this Part;

(b) the appropriate judge receives a request for consent to the person’s extradition to another category 1 territory for an offence;

(c) the request is certified under this section by the designated authority.

(2) The designated authority may certify a request for consent under this section if it believes that the authority making the request—

(a) is a judicial authority of the requesting territory, and

(b) has the function of making requests for the consent referred to in subsection (1)(b) in that territory.

(3) A certificate under subsection (2) must certify that the authority making the request falls within paragraphs (a) and (b) of that subsection.

(4) The judge must serve notice on the person that he has received the request for consent, unless he is satisfied that it would not be practicable to do so.

(5) The consent hearing must begin before the end of the required period, which is 21 days starting with the day on which the request for consent is received by the designated authority.

(6) The judge may extend the required period if he believes it to be in the interests of justice to do so; and this subsection may apply more than once.

(7) The power in subsection (6) may be exercised even after the end of the required period.

(8) If the consent hearing does not begin before the end of the required period and the judge does not exercise the power in subsection (6) to extend the period, he must refuse consent.

(9) The judge may at any time adjourn the consent hearing.

(10) The consent hearing is the hearing at which the judge is to consider the request for consent.

Commencement Information

I70 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

57 Questions for decision at consent hearing U.K.

(1) At the consent hearing under section 56 the judge must decide whether consent is required to the person’s extradition to the other category 1 territory for the offence.

(2) If the judge decides the question in subsection (1) in the negative he must inform the authority making the request of his decision.

(3) If the judge decides that question in the affirmative he must decide whether the offence is an extradition offence in relation to the category 1 territory referred to in section 56(1)(b).

(4) If the judge decides the question in subsection (3) in the negative he must refuse consent.

(5) If the judge decides that question in the affirmative he must decide whether he would order the person’s extradition under sections 11 to 25 if—

(a) the person were in the United Kingdom, and

(b) the judge were required to proceed under section 11 in respect of the offence for which consent is requested.

(6) If the judge decides the question in subsection (5) in the affirmative he must give consent.

(7) If the judge decides that question in the negative he must refuse consent.

(8) Consent is not required to the person’s extradition to the other territory for the offence if the person has been given an opportunity to leave the requesting territory and—

(a) he has not done so before the end of the permitted period, or

(b) if he did so before the end of the permitted period, he has returned there.

(9) The permitted period is 45 days starting with the day on which the person arrived in the requesting territory following his extradition there in accordance with this Part.

(10) Subject to subsection (8), the judge must decide whether consent is required to the person’s extradition to the other territory for the offence by reference to what appears to him to be the arrangements made between the requesting territory and the United Kingdom.

Commencement Information

I71 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

58 Consent to further extradition to category 2 territory U.K.

(1) This section applies if—

(a) a person is extradited to a category 1 territory (the requesting territory) in accordance with this Part;

(b) the Secretary of State receives a request for consent to the person’s extradition to a category 2 territory for an offence;

(c) the request is certified under this section by the designated authority.

(2) The designated authority may certify a request for consent under this section if it believes that the authority making the request—

(a) is a judicial authority of the requesting territory, and

(b) has the function of making requests for the consent referred to in subsection (1)(b) in that territory.

(3) A certificate under subsection (2) must certify that the authority making the request falls within paragraphs (a) and (b) of that subsection.

(4) The Secretary of State must serve notice on the person that he has received the request for consent, unless he is satisfied that it would not be practicable to do so.

(5) The Secretary of State must decide whether the offence is an extradition offence within the meaning given by section 137 in relation to the category 2 territory.

(6) If the Secretary of State decides the question in subsection (5) in the negative he must refuse consent.

(7) If the Secretary of State decides that question in the affirmative he must decide whether the appropriate judge would send the case to him (for his decision whether the person was to be extradited) under sections 79 to 91 if—

(a) the person were in the United Kingdom, and

(b) the judge were required to proceed under section 79 in respect of the offence for which the Secretary of State’s consent is requested.

(8) If the Secretary of State decides the question in subsection (7) in the negative he must refuse his consent.

(9) If the Secretary of State decides that question in the affirmative he must decide whether, if the person were in the United Kingdom, his extradition to the category 2 territory in respect of the offence would be prohibited under section 94, 95 or 96.

(10) If the Secretary of State decides the question in subsection (9) in the negative he may give consent.

(11) If the Secretary of State decides that question in the affirmative he must refuse consent.

(12) This section applies in relation to any function which falls under this section to be exercised in relation to Scotland only as if the references in this section to the Secretary of State were to the Scottish Ministers.

Commencement Information

I72 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[F58 59 Return of person to serve remainder of sentence U.K.

(1) This section applies if—

(a) a person who is serving a sentence of imprisonment or another form of detention in the United Kingdom is extradited to a category 1 territory in accordance with this Part;

(b) the person is returned to the United Kingdom to serve the remainder of the sentence or the person otherwise returns to the United Kingdom.

(2) Time during which the person was outside the United Kingdom as a result of the extradition does not count as time served by the person as part of the sentence.

(3) But subsection (2) does not apply if—

(a) the person was extradited for the purpose of being prosecuted for an offence, and

(b) the person has not been convicted of the offence or of any other offence in respect of which the person was permitted to be dealt with in the category 1 territory.

(4) In a case falling within subsection (3), time during which the person was outside the United Kingdom as a result of the extradition counts as time served by the person as part of the sentence if (and only if) it was spent in custody in connection with the offence or any other offence in respect of which the person was permitted to be dealt with in the territory.

(5) In a case where the person is not entitled to be released from detention pursuant to the sentence—

(a) the person is liable to be detained in pursuance of the sentence, and

(b) if at large, the person must be treated as being unlawfully at large.

(6) In a case where the person is entitled to be released from detention on licence pursuant to the sentence—

(a) if the person was released on licence at the time of extradition, the licence is suspended until the person's return;

(b) if the person was not released on licence at that time, subsections (7) to (10) apply in relation to the person (“the offender”).

(7) The offender is liable to be detained, on return, in any place in which the offender could have been detained pursuant to the sentence before the time of extradition.

(8) A constable or immigration officer may—

(a) take the offender into custody, and

(b) convey the offender to the place mentioned in subsection (7).

(9) The offender must be released on licence within the period of 5 days beginning when the offender is taken (or retaken) into custody under this section.

(10) In calculating a period of 5 days for the purposes of subsection (9) no account is to be taken of—

(a) any Saturday or Sunday,

(b) Christmas Day,

(c) Good Friday, or

(d) in any part of the United Kingdom, any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in that part of the United Kingdom.

(11) A person is entitled to be released from detention if there is—

(a) a duty to release the person under section 33(1), (1A) or (2) of the Criminal Justice Act 1991,

(b) a duty to release the person under section 244 of the Criminal Justice Act 2003 (other than temporarily on licence pursuant to an intermittent custody order under section 183(1)(b) of the Criminal Justice Act 2003),

(c) a duty to release the person under section 1, 1AA or 7(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 or section 5, 11(2), 13, 19 or 23 of the Custodial Sentences and Weapons (Scotland) Act 2007, or

(d) a duty to release the person under section 1 of the Northern Ireland (Remission of Sentences) Act 1995, Article 26 of the Criminal Justice (Northern Ireland) Order 1996 or Article 17 or 18(8) of the Criminal Justice (Northern Ireland) Order 2008.

(12) The powers conferred on a constable by subsection (8) are exercisable in any part of the United Kingdom.

(13) An immigration officer is a person who is an immigration officer within the meaning of the Immigration Act 1971.F58 ]

Textual Amendments

F58 S. 59 substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 72, 116; S.I. 2009/3096, art. 3(o)

Commencement Information

I73 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Costs U.K.

Commencement Information

I74 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

60 Costs where extradition ordered U.K.

(1) This section applies if any of the following occurs in relation to a person in respect of whom a Part 1 warrant is issued—

(a) an order for the person’s extradition is made under this Part;

(b) the High Court dismisses an appeal under section 26;

(c) the High Court or the [F59 Supreme Court]F59 dismisses an application for leave to appeal to the [F59 Supreme Court]F59 under section 32, if the application is made by the person;

(d) the [F59 Supreme Court]F59 dismisses an appeal under section 32, if the appeal is brought by the person.

(2) In a case falling within subsection (1)(a), the appropriate judge may make such order as he considers just and reasonable with regard to the costs to be paid by the person.

(3) In a case falling within subsection (1)(b), (c) or (d), the court by which the application or appeal is dismissed may make such order as it considers just and reasonable with regard to the costs to be paid by the person.

(4) An order for costs under this section—

(a) must specify their amount;

(b) may name the person to whom they are to be paid.

Textual Amendments

F59 Words in s. 60 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(4)(e); S.I. 2009/1604, art. 2(d)

Commencement Information

I75 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

61 Costs where discharge ordered U.K.

(1) This section applies if any of the following occurs in relation to a person in respect of whom a Part 1 warrant is issued—

(a) an order for the person’s discharge is made under this Part;

(b) the person is taken to be discharged under this Part;

(c) the High Court dismisses an appeal under section 28;

(d) the High Court or the [F60 Supreme Court]F60 dismisses an application for leave to appeal to the [F60 Supreme Court]F60 under section 32, if the application is made by the authority which issued the warrant;

(e) the [F60 Supreme Court]F60 dismisses an appeal under section 32, if the appeal is brought by the authority which issued the warrant.

(2) In a case falling within subsection (1)(a), an order under subsection (5) in favour of the person may be made by—

(a) the appropriate judge, if the order for the person’s discharge is made by him;

(b) the High Court, if the order for the person’s discharge is made by it;

(c) the [F60 Supreme Court]F60 , if the order for the person’s discharge is made by it.

(3) In a case falling within subsection (1)(b), the appropriate judge may make an order under subsection (5) in favour of the person.

(4) In a case falling within subsection (1)(c), (d) or (e), the court by which the application or appeal is dismissed may make an order under subsection (5) in favour of the person.

(5) An order under this subsection in favour of a person is an order for a payment of the appropriate amount to be made to the person out of money provided by Parliament.

(6) The appropriate amount is such amount as the judge or court making the order under subsection (5) considers reasonably sufficient to compensate the person in whose favour the order is made for any expenses properly incurred by him in the proceedings under this Part.

(7) But if the judge or court making an order under subsection (5) is of the opinion that there are circumstances which make it inappropriate that the person in whose favour the order is made should recover the full amount mentioned in subsection (6), the judge or court must—

(a) assess what amount would in his or its opinion be just and reasonable;

(b) specify that amount in the order as the appropriate amount.

(8) Unless subsection (7) applies, the appropriate amount—

(a) must be specified in the order, if the court considers it appropriate for it to be so specified and the person in whose favour the order is made agrees the amount;

(b) must be determined in accordance with regulations made by the Lord Chancellor for the purposes of this section, in any other case.

Textual Amendments

F60 Words in s. 61 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(4)(f); S.I. 2009/1604, art. 2(d)

Commencement Information

I76 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

62 Costs where discharge ordered: supplementary U.K.

(1) In England and Wales, subsections (1) and (3) of section 20 of the Prosecution of Offences Act 1985 (c. 23) (regulations for carrying Part 2 of that Act into effect) apply in relation to section 61 as those subsections apply in relation to Part 2 of that Act.

(2) As so applied those subsections have effect as if an order under section 61(5) were an order under Part 2 of that Act for a payment to be made out of central funds.

(3) In Northern Ireland, section 7 of the Costs in Criminal Cases Act (Northern Ireland) 1968 (c. 10) (rules relating to costs) applies in relation to section 61 as that section applies in relation to sections 2 to 5 of that Act.

Commencement Information

I77 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Repatriation cases U.K.

Commencement Information

I78 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

63 Persons serving sentences outside territory where convicted U.K.

(1) This section applies if an arrest warrant is issued in respect of a person by an authority of a category 1 territory and the warrant contains the statement referred to in subsection (2).

(2) The statement is one that—

(a) the person is alleged to be unlawfully at large from a prison in one territory (the imprisoning territory) in which he was serving a sentence after conviction of an offence specified in the warrant by a court in another territory (the convicting territory), and

(b) the person was serving the sentence in pursuance of international arrangements for prisoners sentenced in one territory to be repatriated to another territory in order to serve their sentence, and

(c) the warrant is issued with a view to his arrest and extradition to the category 1 territory for the purpose of serving a sentence or another form of detention imposed in respect of the offence.

(3) If the category 1 territory is either the imprisoning territory or the convicting territory, section 2(2)(b) has effect as if the reference to the statement referred to in subsection (5) of that section were a reference to the statement referred to in subsection (2) of this section.

(4) If the category 1 territory is the imprisoning territory—

(a) section 2(6)(e) has effect as if “the category 1 territory” read “ the convicting territory ”;

(b) section 10(2) has effect as if “an extradition offence” read “ an extradition offence in relation to the convicting territory ”;

(c) section 20(5) has effect as if after “entitled” there were inserted “ in the convicting territory ”;

(d) section 37(5) has effect as if “a category 1 territory” read “ the convicting territory ” and as if “the category 1 territory” in both places read “ the convicting territory ”;

(e) section 52(4) has effect as if “a category 1 territory” read “ the convicting territory ” and as if “the category 1 territory” in both places read “ the convicting territory ”;

(f) section 65(1) has effect as if “a category 1 territory” read “ the convicting territory ”;

(g) section 65(2) has effect as if “the category 1 territory” in the opening words and paragraphs (a) and (c) read “ the convicting territory ” and as if “the category 1 territory” in paragraph (b) read “ the imprisoning territory ”;

(h) in section 65, subsections (3), (4), (5), (6) and (8) have effect as if “the category 1 territory” in each place read “ the convicting territory ”.

Commencement Information

I79 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Interpretation U.K.

Commencement Information

I80 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

64 Extradition offences: person not sentenced for offence U.K.

(1) This section applies in relation to conduct of a person if—

(a) he is accused in a category 1 territory of the commission of an offence constituted by the conduct, or

(b) he is alleged to be unlawfully at large after conviction by a court in a category 1 territory of an offence constituted by the conduct and he has not been sentenced for the offence.

(2) The conduct constitutes an extradition offence in relation to the category 1 territory if these conditions are satisfied—

(a) the conduct occurs in the category 1 territory and no part of it occurs in the United Kingdom;

(b) a certificate issued by an appropriate authority of the category 1 territory shows that the conduct falls within the European framework list;

(c) the certificate shows that the conduct is punishable under the law of the category 1 territory with imprisonment or another form of detention for a term of 3 years or a greater punishment.

(3) The conduct also constitutes an extradition offence in relation to the category 1 territory if these conditions are satisfied—

(a) the conduct occurs in the category 1 territory;

(b) the conduct would constitute an offence under the law of the relevant part of the United Kingdom if it occurred in that part of the United Kingdom;

(c) the conduct is punishable under the law of the category 1 territory with imprisonment or another form of detention for a term of 12 months or a greater punishment (however it is described in that law).

(4) The conduct also constitutes an extradition offence in relation to the category 1 territory if these conditions are satisfied—

(a) the conduct occurs outside the category 1 territory;

(b) the conduct is punishable under the law of the category 1 territory with imprisonment or another form of detention for a term of 12 months or a greater punishment (however it is described in that law);

(c) in corresponding circumstances equivalent conduct would constitute an extra-territorial offence under the law of the relevant part of the United Kingdom punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment.

(5) The conduct also constitutes an extradition offence in relation to the category 1 territory if these conditions are satisfied—

(a) the conduct occurs outside the category 1 territory and no part of it occurs in the United Kingdom;

(b) the conduct would constitute an offence under the law of the relevant part of the United Kingdom punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment if it occurred in that part of the United Kingdom;

(c) the conduct is so punishable under the law of the category 1 territory (however it is described in that law).

(6) The conduct also constitutes an extradition offence in relation to the category 1 territory if these conditions are satisfied—

(a) the conduct occurs outside the category 1 territory and no part of it occurs in the United Kingdom;

(b) the conduct is punishable under the law of the category 1 territory with imprisonment or another form of detention for a term of 12 months or a greater punishment (however it is described in that law);

(c) the conduct constitutes or if committed in the United Kingdom would constitute an offence mentioned in subsection (7).

(7) The offences are—

(a) an offence under section 51 or 58 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity and war crimes);

(b) an offence under section 52 or 59 of that Act (conduct ancillary to genocide etc. committed outside the jurisdiction);

(c) an ancillary offence, as defined in section 55 or 62 of that Act, in relation to an offence falling within paragraph (a) or (b);

(d) an offence under section 1 of the International Criminal Court (Scotland) Act 2001 (asp 13) (genocide, crimes against humanity and war crimes);

(e) an offence under section 2 of that Act (conduct ancillary to genocide etc. committed outside the jurisdiction);

(f) an ancillary offence, as defined in section 7 of that Act, in relation to an offence falling within paragraph (d) or (e).

(8) For the purposes of subsections (3)(b), (4)(c) and (5)(b)—

(a) if the conduct relates to a tax or duty, it is immaterial that the law of the relevant part of the United Kingdom does not impose the same kind of tax or duty or does not contain rules of the same kind as those of the law of the category 1 territory;

(b) if the conduct relates to customs or exchange, it is immaterial that the law of the relevant part of the United Kingdom does not contain rules of the same kind as those of the law of the category 1 territory.

(9) This section applies for the purposes of this Part.

Commencement Information

I81 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

65 Extradition offences: person sentenced for offence U.K.

(1) This section applies in relation to conduct of a person if—

(a) he is alleged to be unlawfully at large after conviction by a court in a category 1 territory of an offence constituted by the conduct, and

(b) he has been sentenced for the offence.

(2) The conduct constitutes an extradition offence in relation to the category 1 territory if these conditions are satisfied—

(a) the conduct occurs in the category 1 territory and no part of it occurs in the United Kingdom;

(b) a certificate issued by an appropriate authority of the category 1 territory shows that the conduct falls within the European framework list;

(c) the certificate shows that a sentence of imprisonment or another form of detention for a term of 12 months or a greater punishment has been imposed in the category 1 territory in respect of the conduct.

(3) The conduct also constitutes an extradition offence in relation to the category 1 territory if these conditions are satisfied—

(a) the conduct occurs in the category 1 territory;

(b) the conduct would constitute an offence under the law of the relevant part of the United Kingdom if it occurred in that part of the United Kingdom;

(c) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 1 territory in respect of the conduct.

(4) The conduct also constitutes an extradition offence in relation to the category 1 territory if these conditions are satisfied—

(a) the conduct occurs outside the category 1 territory;

(b) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 1 territory in respect of the conduct;

(c) in corresponding circumstances equivalent conduct would constitute an extra-territorial offence under the law of the relevant part of the United Kingdom punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment.

(5) The conduct also constitutes an extradition offence in relation to the category 1 territory if these conditions are satisfied—

(a) the conduct occurs outside the category 1 territory and no part of it occurs in the United Kingdom;

(b) the conduct would constitute an offence under the law of the relevant part of the United Kingdom punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment if it occurred in that part of the United Kingdom;

(c) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 1 territory in respect of the conduct.

(6) The conduct also constitutes an extradition offence in relation to the category 1 territory if these conditions are satisfied—

(a) the conduct occurs outside the category 1 territory and no part of it occurs in the United Kingdom;

(b) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 1 territory in respect of the conduct;

(c) the conduct constitutes or if committed in the United Kingdom would constitute an offence mentioned in subsection (7).

(7) The offences are—

(a) an offence under section 51 or 58 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity and war crimes);

(b) an offence under section 52 or 59 of that Act (conduct ancillary to genocide etc. committed outside the jurisdiction);

(c) an ancillary offence, as defined in section 55 or 62 of that Act, in relation to an offence falling within paragraph (a) or (b);

(d) an offence under section 1 of the International Criminal Court (Scotland) Act 2001 (asp 13) (genocide, crimes against humanity and war crimes);

(e) an offence under section 2 of that Act (conduct ancillary to genocide etc. committed outside the jurisdiction);

(f) an ancillary offence, as defined in section 7 of that Act, in relation to an offence falling within paragraph (d) or (e).

(8) For the purposes of subsections (3)(b), (4)(c) and (5)(b)—

(a) if the conduct relates to a tax or duty, it is immaterial that the law of the relevant part of the United Kingdom does not impose the same kind of tax or duty or does not contain rules of the same kind as those of the law of the category 1 territory;

(b) if the conduct relates to customs or exchange, it is immaterial that the law of the relevant part of the United Kingdom does not contain rules of the same kind as those of the law of the category 1 territory.

(9) This section applies for the purposes of this Part.

Commencement Information

I82 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

66 Extradition offences: supplementary U.K.

(1) Subsections (2) to (4) apply for the purposes of sections 64 and 65.

(2) An appropriate authority of a category 1 territory is a judicial authority of the territory which the appropriate judge believes has the function of issuing arrest warrants in that territory.

(3) The law of a territory is the general criminal law of the territory.

(4) The relevant part of the United Kingdom is the part of the United Kingdom in which the relevant proceedings are taking place.

(5) The relevant proceedings are the proceedings in which it is necessary to decide whether conduct constitutes an extradition offence.

Commencement Information

I83 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

67 The appropriate judge U.K.

(1) The appropriate judge is—

(a) in England and Wales, a District Judge (Magistrates' Courts) designated for the purposes of this Part [F61 by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor]F61 ;

(b) in Scotland, the sheriff of Lothian and Borders;

(c) in Northern Ireland, such county court judge or resident magistrate as is designated for the purposes of this Part [F62 by the Lord Chief Justice of Northern Ireland after consulting the Lord Chancellor]F62 .

(2) A designation under subsection (1) may be made for all cases or for such cases (or cases of such description) as the designation stipulates.

(3) More than one designation may be made under subsection (1).

[F63 (3A) The use of the expression “the judge” in a section containing a previous reference to “the appropriate judge” or “the judge” does not in itself require both references to be read as referring to the same individual.]

F63 (4) This section applies for the purposes of this Part.

[F64 (5) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1)(a).

(6) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (1)(c)—

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b) a Lord Justice of Appeal (as defined in section 88 of that Act).F64 ]

Textual Amendments

F61 Words in s. 67(1)(a) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 353(2); S.I. 2006/1014, art. 2(a) Sch. 1 paras. 10, 11(cc)

F62 Words in s. 67(1)(c) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 353(3); S.I. 2006/1014, art. 2(a) Sch. 1 paras. 10, 11(cc)

F63 S. 67(3A) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 15(1); S.I. 2006/3364, art. 2(d)(e)

F64 S. 67(5)(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 353(4); S.I. 2006/1014, art. 2(a) Sch. 1 paras. 10, 11(cc)

Commencement Information

I84 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

68 The extradition hearing U.K.

(1) The extradition hearing is the hearing at which the appropriate judge is to decide whether a person in respect of whom a Part 1 warrant was issued is to be extradited to the category 1 territory in which it was issued.

(2) This section applies for the purposes of this Part.

Commencement Information

I85 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[F65 68A Unlawfully at large U.K.

(1) A person is alleged to be unlawfully at large after conviction of an offence if—

(a) he is alleged to have been convicted of it, and

(b) his extradition is sought for the purpose of his being sentenced for the offence or of his serving a sentence of imprisonment or another form of detention imposed in respect of the offence.

(2) This section applies for the purposes of this Part, other than sections 14 and 63.]

Textual Amendments

F65 S. 68A inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 15(1); S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I86 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Part 2 U.K. Extradition to category 2 territories

Commencement Information

I87 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Introduction U.K.

Commencement Information

I88 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

69 Extradition to category 2 territories U.K.

(1) This Part deals with extradition from the United Kingdom to the territories designated for the purposes of this Part by order made by the Secretary of State.

(2) In this Act references to category 2 territories are to the territories designated for the purposes of this Part.

Commencement Information

I89 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

70 Extradition request and certificate U.K.

(1) The Secretary of State must [F66 (subject to subsection (2))]F66 issue a certificate under this section if he receives a valid request for the extradition [F67 of a person to a category 2 territory]F67 .

[F68 (2) The Secretary of State may refuse to issue a certificate under this section if—

(a) he has power under section 126 to order that proceedings on the request be deferred,

(b) the person whose extradition is requested has been recorded by the Secretary of State as a refugee within the meaning of the Refugee Convention, or

(c) the person whose extradition is requested has been granted leave to enter or remain in the United Kingdom on the ground that it would be a breach of Article 2 or 3 of the Human Rights Convention to remove him to the territory to which extradition is requested.

(2A) In subsection (2)—

• “Refugee Convention” has the meaning given by section 167(1) of the Immigration and Asylum Act 1999;

• “Human Rights Convention” has the meaning given to “the Convention” by section 21(1) of the Human Rights Act 1998.]

F68 (3) A request for a person’s extradition is valid if—

(a) it contains the statement referred to in subsection (4) [F69 or the statement referred to in subsection (4A)]F69 , and

(b) it is made in the approved way.

[F70 (4) The statement is one that—

(a) the person is accused in the category 2 territory of the commission of an offence specified in the request, and

(b) the request is made with a view to his arrest and extradition to the category 2 territory for the purpose of being prosecuted for the offence.

(4A) The statement is one that—

(a) the person has been convicted of an offence specified in the request by a court in the category 2 territory, and

(b) the request is made with a view to his arrest and extradition to the category 2 territory for the purpose of being sentenced for the offence or of serving a sentence of imprisonment or another form of detention imposed in respect of the offence.]

F70 (5) A request for extradition to a category 2 territory which is a British overseas territory is made in the approved way if it is made by or on behalf of the person administering the territory.

(6) A request for extradition to a category 2 territory which is the Hong Kong Special Administrative Region of the People’s Republic of China is made in the approved way if it is made by or on behalf of the government of the Region.

(7) A request for extradition to any other category 2 territory is made in the approved way if it is made—

(a) by an authority of the territory which the Secretary of State believes has the function of making requests for extradition in that territory, or

(b) by a person recognised by the Secretary of State as a diplomatic or consular representative of the territory.

(8) A certificate under this section must

[F71 (a)] certify that the request is made in the approved way.

[F72 , and

(b) identify the order by which the territory in question is designated as a category 2 territory.]

F72 (9) If a certificate is issued under this section the Secretary of State must send [F73 the request and the certificate to the appropriate judgeF73 ]

Textual Amendments

F66 Words in s. 70(1) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 17(2)(a); S.I. 2006/3364, art. 2(d)(e)

F67 Words in s. 70(1) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 17(2)(b); S.I. 2006/3364, art. 2(d)(e)

F68 S. 70(2)(2A) substituted (15.1.2007) for s. 70(2) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 17(3); S.I. 2006/3364, art. 2(d)(e)

F69 Words in s. 70(3) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 17(2)(a); S.I. 2006/3364, art. 2(d)(e)

F70 S. 70(4)(4A) substituted (15.1.2007) for s. 70(4) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 17(2)(b); S.I. 2006/3364, art. 2(d)(e)

F71 Words in s. 70(8) renumbered as s. 70(8)(a) (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 17(4)(a); S.I. 2006/3364, art. 2(d)(e)

F72 S. 70(8)(b) and word inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 17(4)(b); S.I. 2006/3364, art. 2(d)(e)

F73 Words in s. 70(9) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 17(5); S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I90 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Arrest U.K.

Commencement Information

I91 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

71 Arrest warrant following extradition request U.K.

(1) This section applies if the Secretary of State sends documents to the appropriate judge under section 70.

(2) The judge may issue a warrant for the arrest of the person whose extradition is requested if the judge has reasonable grounds for believing that—

(a) the offence in respect of which extradition is requested is an extradition offence, and

(b) there is evidence falling within subsection (3).

(3) The evidence is—

(a) evidence that would justify the issue of a warrant for the arrest of a person accused of the offence within the judge’s jurisdiction, if the person whose extradition is requested is accused of the commission of the offence;

(b) evidence that would justify the issue of a warrant for the arrest of a person unlawfully at large after conviction of the offence within the judge’s jurisdiction, if the person whose extradition is requested is alleged to be unlawfully at large after conviction of the offence.

(4) But if the category 2 territory to which extradition is requested is designated for the purposes of this section by order made by the Secretary of State, subsections (2) and (3) have effect as if “evidence” read “ information ”.

(5) A warrant issued under this section may—

(a) be executed by any person to whom it is directed or by any constable or customs officer;

(b) be executed even if neither the warrant nor a copy of it is in the possession of the person executing it at the time of the arrest.

[F74 (6) If a warrant issued under this section—

(a) is directed to a service policeman, and

(b) is in respect of a person subject to service law or a civilian subject to service discipline,

it may be executed anywhere.]

F74 (7) In any other case, a warrant issued under this section may be executed in any part of the United Kingdom.

(8) F75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F74 S. 71(6) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 202(a); S.I. 2009/812, art. 3 (with transitional provisions (24.4.2009 for certain purposes otherwise 31.10.2009) in S.I. 2009/1059); S.I. 2009/1167, art. 4

F75 S. 71(8) repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 202(b), Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions (24.4.2009 for certain purposes otherwise 31.10.2009) in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I92 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

72 Person arrested under section 71 U.K.

(1) This section applies if a person is arrested under a warrant issued under section 71.

(2) A copy of the warrant must be given to the person as soon as practicable after his arrest.

(3) The person must be brought as soon as practicable before the appropriate judge.

(4) But subsection (3) does not apply if—

(a) the person is granted bail by a constable following his arrest, or

(b) the Secretary of State decides under section 126 that the request for the person’s extradition is not to be proceeded with.

(5) If subsection (2) is not complied with and the person applies to the judge to be discharged, the judge may order his discharge.

(6) If subsection (3) is not complied with and the person applies to the judge to be discharged, the judge must order his discharge.

(7) When the person first appears or is brought before the appropriate judge, the judge must—

(a) inform him of the contents of the request for his extradition;

(b) give him the required information about consent;

(c) remand him in custody or on bail.

(8) The required information about consent is—

(a) that the person may consent to his extradition to the category 2 territory to which his extradition is requested;

(b) an explanation of the effect of consent and the procedure that will apply if he gives consent;

(c) that consent must be given in writing and is irrevocable.

(9) [F76 If the person is remanded in custody, the appropriate judge may]F76 later grant bail.

(10) Subsection (4)(a) applies to Scotland with the omission of the words “by a constable”.

Textual Amendments

F76 Words in s. 72(9) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 16; S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I93 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

73 Provisional warrant U.K.

(1) This section applies if a justice of the peace is satisfied on information in writing and on oath that a person within subsection (2)—

(a) is or is believed to be in the United Kingdom, or

(b) is or is believed to be on his way to the United Kingdom.

(2) A person is within this subsection if—

(a) he is accused in a category 2 territory of the commission of an offence, or

(b) he is alleged to be unlawfully at large after conviction of an offence by a court in a category 2 territory.

(3) The justice may issue a warrant for the arrest of the person (a provisional warrant) if he has reasonable grounds for believing that—

(a) the offence of which the person is accused or has been convicted is an extradition offence, and

(b) there is written evidence falling within subsection (4).

(4) The evidence is—

(a) evidence that would justify the issue of a warrant for the arrest of a person accused of the offence within the justice’s jurisdiction, if the person in respect of whom the warrant is sought is accused of the commission of the offence;

(b) evidence that would justify the issue of a warrant for the arrest of a person unlawfully at large after conviction of the offence within the justice’s jurisdiction, if the person in respect of whom the warrant is sought is alleged to be unlawfully at large after conviction of the offence.

(5) But if the category 2 territory is designated for the purposes of this section by order made by the Secretary of State, subsections (3) and (4) have effect as if “evidence” read “ information ”.

(6) A provisional warrant may—

(a) be executed by any person to whom it is directed or by any constable or customs officer;

(b) be executed even if neither the warrant nor a copy of it is in the possession of the person executing it at the time of the arrest.

[F77 (7) If a warrant issued under this section—

(a) is directed to a service policeman, and

(b) is in respect of a person subject to service law or a civilian subject to service discipline,

it may be executed anywhere.]

F77 (8) In any other case, a warrant issued under this section may be executed in any part of the United Kingdom.

(9) F78 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) The preceding provisions of this section apply to Scotland with these modifications—

(a) in subsection (1) for “justice of the peace is satisfied on information in writing and on oath” substitute “ sheriff is satisfied, on an application by a procurator fiscal, ”;

(b) in subsection (3) for “justice” substitute “ sheriff ”;

(c) in subsection (4) for “justice's”, in paragraphs (a) and (b), substitute “ sheriff's ”.

(11) Subsection (1) applies to Northern Ireland with the substitution of “a complaint” for “ information ”.

Textual Amendments

F77 S. 73(7) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 203(a); S.I. 2009/812, art. 3 (with transitional provisions (24.4.2009 for certain purposes otherwise 31.10.2009) in S.I. 2009/1059); S.I. 2009/1167, art. 4

F78 S. 73(9) repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 203(b), Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions (24.4.2009 for certain purposes otherwise 31.10.2009) in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I94 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

74 Person arrested under provisional warrant U.K.

(1) This section applies if a person is arrested under a provisional warrant.

(2) A copy of the warrant must be given to the person as soon as practicable after his arrest.

(3) The person must be brought as soon as practicable before the appropriate judge.

(4) But subsection (3) does not apply if—

(a) the person is granted bail by a constable following his arrest, or

(b) in a case where the Secretary of State has received a valid request for the person’s extradition, the Secretary of State decides under section 126 that the request is not to be proceeded with.

(5) If subsection (2) is not complied with and the person applies to the judge to be discharged, the judge may order his discharge.

(6) If subsection (3) is not complied with and the person applies to the judge to be discharged, the judge must order his discharge.

(7) When the person first appears or is brought before the appropriate judge, the judge must—

(a) inform him that he is accused of the commission of an offence in a category 2 territory or that he is alleged to be unlawfully at large after conviction of an offence by a court in a category 2 territory;

(b) give him the required information about consent;

(c) remand him in custody or on bail.

(8) The required information about consent is—

(a) that the person may consent to his extradition to the category 2 territory in which he is accused of the commission of an offence or is alleged to have been convicted of an offence;

(b) an explanation of the effect of consent and the procedure that will apply if he gives consent;

(c) that consent must be given in writing and is irrevocable.

(9) [F79 If the person is remanded in custody, the appropriate judge may]F79 later grant bail.

(10) The judge must order the person’s discharge if the documents referred to in section 70(9) are not received by the judge within the required period.

(11) The required period is—

(a) 45 days starting with the day on which the person was arrested, or

(b) if the category 2 territory is designated by order made by the Secretary of State for the purposes of this section, any longer period permitted by the order.

(12) Subsection (4)(a) applies to Scotland with the omission of the words “by a constable”.

Textual Amendments

F79 Words in s. 74(9) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 16; S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I95 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

The extradition hearing U.K.

Commencement Information

I96 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

75 Date of extradition hearing: arrest under section 71 U.K.

(1) When a person arrested under a warrant issued under section 71 first appears or is brought before the appropriate judge, the judge must fix a date on which the extradition hearing is to begin.

(2) The date fixed under subsection (1) must not be later than the end of the permitted period, which is 2 months starting with the date on which the person first appears or is brought before the judge.

(3) If before the date fixed under subsection (1) (or this subsection) a party to the proceedings applies to the judge for a later date to be fixed and the judge believes it to be in the interests of justice to do so, he may fix a later date; and this subsection may apply more than once.

(4) If the extradition hearing does not begin on or before the date fixed under this section and the person applies to the judge to be discharged, the judge must order his discharge.

Commencement Information

I97 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

76 Date of extradition hearing: arrest under provisional warrant U.K.

(1) Subsection (2) applies if—

(a) a person is arrested under a provisional warrant, and

(b) the documents referred to in section 70(9) are received by the appropriate judge within the period required under section 74(10).

(2) The judge must fix a date on which the extradition hearing is to begin.

(3) The date fixed under subsection (2) must not be later than the end of the permitted period, which is 2 months starting with the date on which the judge receives the documents.

(4) If before the date fixed under subsection (2) (or this subsection) a party to the proceedings applies to the judge for a later date to be fixed and the judge believes it to be in the interests of justice to do so, he may fix a later date; and this subsection may apply more than once.

(5) If the extradition hearing does not begin on or before the date fixed under this section and the person applies to the judge to be discharged, the judge must order his discharge.

Commencement Information

I98 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[F80 76A Person charged with offence in United Kingdom before extradition hearing U.K.

(1) This section applies if—

(a) a person has been brought before the appropriate judge under section 72(3) or 74(3) but the extradition hearing has not begun; and

(b) the judge is informed that the person is charged with an offence in the United Kingdom.

(2) The judge must order further proceedings in respect of the extradition to be adjourned until one of these occurs—

(a) the charge is disposed of;

(b) the charge is withdrawn;

(c) proceedings in respect of the charge are discontinued;

(d) an order is made for the charge to lie on the file, or in relation to Scotland, the diet is deserted pro loco et tempore.

(3) If a sentence of imprisonment or another form of detention is imposed in respect of the offence charged, the judge may order further proceedings in respect of the extradition to be adjourned until the person is released from detention pursuant to the sentence (whether on licence or otherwise).

Textual Amendments

F80 Ss. 76A, 76B inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 70, 116; S.I. 2009/3096, art. 3(m) (with art. 4)

76B Person serving sentence in United Kingdom before extradition hearing U.K.

(1) This section applies if—

(a) a person has been brought before the appropriate judge under section 72(3) or 74(3) but the extradition hearing has not begun; and

(b) the judge is informed that the person is in custody serving a sentence of imprisonment or another form of detention in the United Kingdom.

(2) The judge may order further proceedings in respect of the extradition to be adjourned until the person is released from detention pursuant to the sentence (whether on licence or otherwise).

(3) In a case where further proceedings in respect of the extradition are adjourned under subsection (2)—

(a) section 131 of the Magistrates' Courts Act 1980 (remand of accused already in custody) has effect as if a reference to 28 clear days in subsection (1) or (2) of that section were a reference to six months;

(b) Article 47(2) of the Magistrates' Courts (Northern Ireland) Order 1981 (period of remand in custody) has effect as if a reference to 28 days in—

(i) sub-paragraph (a)(iii), or

(ii) the words after sub-paragraph (b),

were a reference to six months.]

Textual Amendments

F80 Ss. 76A, 76B inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 70, 116; S.I. 2009/3096, art. 3(m) (with art. 4)

77 Judge’s powers at extradition hearing U.K.

(1) In England and Wales, at the extradition hearing the appropriate judge has the same powers (as nearly as may be) as a magistrates' court would have if the proceedings were the summary trial of an information against the person whose extradition is requested.

(2) In Scotland—

(a) at the extradition hearing the appropriate judge has the same powers (as nearly as may be) as if the proceedings were summary proceedings in respect of an offence alleged to have been committed by the person whose extradition is requested; but

(b) in his making any decision under section 78(4)(a) evidence from a single source shall be sufficient.

(3) In Northern Ireland, at the extradition hearing the appropriate judge has the same powers (as nearly as may be) as a magistrates' court would have if the proceedings were the hearing and determination of a complaint against the person whose extradition is requested.

(4) If the judge adjourns the extradition hearing he must remand the person in custody or on bail.

(5) [F81 If the person is remanded in custody, the appropriate judge may]F81 later grant bail.

Textual Amendments

F81 Words in s. 77(5) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 16; S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I99 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

78 Initial stages of extradition hearing U.K.

(1) This section applies if a person alleged to be the person whose extradition is requested appears or is brought before the appropriate judge for the extradition hearing.

(2) The judge must decide whether the documents sent to him by the Secretary of State consist of (or include)—

(a) the documents referred to in section 70(9);

(b) particulars of the person whose extradition is requested;

(c) particulars of the offence specified in the request;

(d) in the case of a person accused of an offence, a warrant for his arrest issued in the category 2 territory;

(e) in the case of a person alleged to be unlawfully at large after conviction of an offence, a certificate issued in the category 2 territory of the conviction and (if he has been sentenced) of the sentence.

(3) If the judge decides the question in subsection (2) in the negative he must order the person’s discharge.

(4) If the judge decides that question in the affirmative he must decide whether—

(a) the person appearing or brought before him is the person whose extradition is requested;

(b) the offence specified in the request is an extradition offence;

(c) copies of the documents sent to the judge by the Secretary of State have been served on the person.

(5) The judge must decide the question in subsection (4)(a) on a balance of probabilities.

(6) If the judge decides any of the questions in subsection (4) in the negative he must order the person’s discharge.

(7) If the judge decides those questions in the affirmative he must proceed under section 79.

(8) The reference in subsection (2)(d) to a warrant for a person’s arrest includes a reference to a judicial document authorising his arrest.

Commencement Information

I100 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

79 Bars to extradition U.K.

(1) If the judge is required to proceed under this section he must decide whether the person’s extradition to the category 2 territory is barred by reason of—

(a) the rule against double jeopardy;

(b) extraneous considerations;

(c) the passage of time;

(d) hostage-taking considerations.

(2) Sections 80 to 83 apply for the interpretation of subsection (1).

(3) If the judge decides any of the questions in subsection (1) in the affirmative he must order the person’s discharge.

(4) If the judge decides those questions in the negative and the person is accused of the commission of the extradition offence but is not alleged to be unlawfully at large after conviction of it, the judge must proceed under section 84.

(5) If the judge decides those questions in the negative and the person is alleged to be unlawfully at large after conviction of the extradition offence, the judge must proceed under section 85.

Commencement Information

I101 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

80 Rule against double jeopardy U.K.

A person’s extradition to a category 2 territory is barred by reason of the rule against double jeopardy if (and only if) it appears that he would be entitled to be discharged under any rule of law relating to previous acquittal or conviction if he were charged with the extradition offence in the part of the United Kingdom where the judge exercises his jurisdiction.

Commencement Information

I102 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

81 Extraneous considerations U.K.

A person’s extradition to a category 2 territory is barred by reason of extraneous considerations if (and only if) it appears that—

(a) the request for his extradition (though purporting to be made on account of the extradition offence) is in fact made for the purpose of prosecuting or punishing him on account of his race, religion, nationality, gender, sexual orientation or political opinions, or

(b) if extradited he might be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality, gender, sexual orientation or political opinions.

Commencement Information

I103 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

82 Passage of time U.K.

A person’s extradition to a category 2 territory is barred by reason of the passage of time if (and only if) it appears that it would be unjust or oppressive to extradite him by reason of the passage of time [F82 since he is alleged to have—

(a) committed the extradition offence (where he is accused of its commission), or

(b) become unlawfully at large (where he is alleged to have been convicted of it)]

F82 .

Textual Amendments

F82 Words in s. 82 substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 2(3); S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I104 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

83 Hostage-taking considerations U.K.

(1) A person’s extradition to a category 2 territory is barred by reason of hostage-taking considerations if (and only if) the territory is a party to the Hostage-taking Convention and it appears that—

(a) if extradited he might be prejudiced at his trial because communication between him and the appropriate authorities would not be possible, and

(b) the act or omission constituting the extradition offence also constitutes an offence under section 1 of the Taking of Hostages Act 1982 (c. 28) or an attempt to commit such an offence.

(2) The appropriate authorities are the authorities of the territory which are entitled to exercise rights of protection in relation to him.

(3) A certificate issued by the Secretary of State that a territory is a party to the Hostage-taking Convention is conclusive evidence of that fact for the purposes of subsection (1).

(4) The Hostage-taking Convention is the International Convention against the Taking of Hostages opened for signature at New York on 18 December 1979.

Commencement Information

I105 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Yn ddilys o 18/09/2013

[F83 83A Forum U.K.

(1) A person's extradition to a category 2 territory (“the requesting territory”) is barred by reason of forum if (and only if) it appears that—

(a) a significant part of the conduct alleged to constitute the extradition offence is conduct in the United Kingdom, and

(b) in view of that and all the other circumstances, it would not be in the interests of justice for the person to be tried for the offence in the requesting territory.

(2) For the purposes of subsection (1)(b) the judge must take into account whether the relevant prosecution authorities in the United Kingdom have decided not to take proceedings against the person in respect of the conduct in question.

(3) This section does not apply if the person is alleged to be unlawfully at large after conviction of the extradition offence.]

Textual Amendments

F83 S. 83A inserted (prosp.) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 paras. 5(2), 6

84 Case where person has not been convicted U.K.

(1) If the judge is required to proceed under this section he must decide whether there is evidence which would be sufficient to make a case requiring an answer by the person if the proceedings were the summary trial of an information against him.

(2) In deciding the question in subsection (1) the judge may treat a statement made by a person in a document as admissible evidence of a fact if—

(a) the statement is made by the person to a police officer or another person charged with the duty of investigating offences or charging offenders, and

(b) direct oral evidence by the person of the fact would be admissible.

(3) In deciding whether to treat a statement made by a person in a document as admissible evidence of a fact, the judge must in particular have regard—

(a) to the nature and source of the document;

(b) to whether or not, having regard to the nature and source of the document and to any other circumstances that appear to the judge to be relevant, it is likely that the document is authentic;

(c) to the extent to which the statement appears to supply evidence which would not be readily available if the statement were not treated as being admissible evidence of the fact;

(d) to the relevance of the evidence that the statement appears to supply to any issue likely to have to be determined by the judge in deciding the question in subsection (1);

(e) to any risk that the admission or exclusion of the statement will result in unfairness to the person whose extradition is sought, having regard in particular to whether it is likely to be possible to controvert the statement if the person making it does not attend to give oral evidence in the proceedings.

(4) A summary in a document of a statement made by a person must be treated as a statement made by the person in the document for the purposes of subsection (2).

(5) If the judge decides the question in subsection (1) in the negative he must order the person’s discharge.

(6) If the judge decides that question in the affirmative he must proceed under section 87.

(7) If the judge is required to proceed under this section and the category 2 territory to which extradition is requested is designated for the purposes of this section by order made by the Secretary of State—

(a) the judge must not decide under subsection (1), and

(b) he must proceed under section 87.

(8) Subsection (1) applies to Scotland with the substitution of “ summary proceedings in respect of an offence alleged to have been committed by the person (except that for this purpose evidence from a single source shall be sufficient) ” for “the summary trial of an information against him”.

(9) Subsection (1) applies to Northern Ireland with the substitution of “ the hearing and determination of a complaint ” for “the summary trial of an information”.

Commencement Information

I106 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

85 Case where person has been convicted U.K.

(1) If the judge is required to proceed under this section he must decide whether the person was convicted in his presence.

(2) If the judge decides the question in subsection (1) in the affirmative he must proceed under section 87.

(3) If the judge decides that question in the negative he must decide whether the person deliberately absented himself from his trial.

(4) If the judge decides the question in subsection (3) in the affirmative he must proceed under section 87.

(5) If the judge decides that question in the negative he must decide whether the person would be entitled to a retrial or (on appeal) to a review amounting to a retrial.

(6) If the judge decides the question in subsection (5) in the affirmative he must proceed under section 86.

(7) If the judge decides that question in the negative he must order the person’s discharge.

(8) The judge must not decide the question in subsection (5) in the affirmative unless, in any proceedings that it is alleged would constitute a retrial or a review amounting to a retrial, the person would have these rights—

(a) the right to defend himself in person or through legal assistance of his own choosing or, if he had not sufficient means to pay for legal assistance, to be given it free when the interests of justice so required;

(b) the right to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him.

Commencement Information

I107 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

86 Conviction in person’s absence U.K.

(1) If the judge is required to proceed under this section he must decide whether there is evidence which would be sufficient to make a case requiring an answer by the person if the proceedings were the summary trial of an information against him.

(2) In deciding the question in subsection (1) the judge may treat a statement made by a person in a document as admissible evidence of a fact if—

(a) the statement is made by the person to a police officer or another person charged with the duty of investigating offences or charging offenders, and

(b) direct oral evidence by the person of the fact would be admissible.

(3) In deciding whether to treat a statement made by a person in a document as admissible evidence of a fact, the judge must in particular have regard—

(a) to the nature and source of the document;

(b) to whether or not, having regard to the nature and source of the document and to any other circumstances that appear to the judge to be relevant, it is likely that the document is authentic;

(c) to the extent to which the statement appears to supply evidence which would not be readily available if the statement were not treated as being admissible evidence of the fact;

(d) to the relevance of the evidence that the statement appears to supply to any issue likely to have to be determined by the judge in deciding the question in subsection (1);

(e) to any risk that the admission or exclusion of the statement will result in unfairness to the person whose extradition is sought, having regard in particular to whether it is likely to be possible to controvert the statement if the person making it does not attend to give oral evidence in the proceedings.

(4) A summary in a document of a statement made by a person must be treated as a statement made by the person in the document for the purposes of subsection (2).

(5) If the judge decides the question in subsection (1) in the negative he must order the person’s discharge.

(6) If the judge decides that question in the affirmative he must proceed under section 87.

(7) If the judge is required to proceed under this section and the category 2 territory to which extradition is requested is designated for the purposes of this section by order made by the Secretary of State—

(a) the judge must not decide under subsection (1), and

(b) he must proceed under section 87.

(8) Subsection (1) applies to Scotland with the substitution of “ summary proceedings in respect of an offence alleged to have been committed by the person (except that for this purpose evidence from a single source shall be sufficient) ” for “the summary trial of an information against him”.

(9) Subsection (1) applies to Northern Ireland with the substitution of “ the hearing and determination of a complaint ” for “the summary trial of an information”.

Commencement Information

I108 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

87 Human rights U.K.

(1) If the judge is required to proceed under this section (by virtue of section 84, 85 or 86) he must decide whether the person’s extradition would be compatible with the Convention rights within the meaning of the Human Rights Act 1998 (c. 42).

(2) If the judge decides the question in subsection (1) in the negative he must order the person’s discharge.

(3) If the judge decides that question in the affirmative he must send the case to the Secretary of State for his decision whether the person is to be extradited.

Commencement Information

I109 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

88 Person charged with offence in United Kingdom U.K.

(1) This section applies if at any time in the extradition hearing the judge is informed that the person is charged with an offence in the United Kingdom.

(2) The judge must adjourn the extradition hearing until one of these occurs—

(a) the charge is disposed of;

(b) the charge is withdrawn;

(c) proceedings in respect of the charge are discontinued;

(d) an order is made for the charge to lie on the file, or in relation to Scotland, the diet is deserted pro loco et tempore.

(3) If a sentence of imprisonment or another form of detention is imposed in respect of the offence charged, the judge may adjourn the extradition hearing until [F84 the person is released from detention pursuant to the sentence (whether on licence or otherwise)]F84 .

(4) If before he adjourns the extradition hearing under subsection (2) the judge has decided under section 79 whether the person’s extradition is barred by reason of the rule against double jeopardy, the judge must decide that question again after the resumption of the hearing.

Textual Amendments

F84 Words in s. 88(3) substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 71(4), 116; S.I. 2009/3096, art. 3(n) (with art. 4)

Commencement Information

I110 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

89 Person serving sentence in United Kingdom U.K.

(1) This section applies if at any time in the extradition hearing the judge is informed that the person is [F85 in custody]F85 serving a sentence of imprisonment or another form of detention in the United Kingdom.

(2) The judge may adjourn the extradition hearing until [F86 the person is released from detention pursuant to the sentence (whether on licence or otherwise)]F86 .

[F87 (3) In a case where an extradition hearing is adjourned under subsection (2)—

(a) section 131 of the Magistrates' Courts Act 1980 (remand of accused already in custody) has effect as if a reference to 28 clear days in subsection (1) or (2) of that section were a reference to six months;

(b) Article 47(2) of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (period of remand in custody) has effect as if a reference to 28 days in—

(i) paragraph (a)(iii), or

(ii) the words after paragraph (b),

were a reference to six months.F87 ]

Textual Amendments

F85 Words in s. 89(1) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 71(5)(a), 116; S.I. 2009/3096, art. 3(n) (with art. 4)

F86 Words in s. 89(2) substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 71(5)(b), 116; S.I. 2009/3096, art. 3(n) (with art. 4)

F87 S. 89(3) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 7; S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I111 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

90 Competing extradition claim U.K.

(1) This section applies if at any time in the extradition hearing the judge is informed that the conditions in subsection (2) or (3) are met.

(2) The conditions are that—

(a) the Secretary of State has received another valid request for the person’s extradition to a category 2 territory;

(b) the other request has not been disposed of;

(c) the Secretary of State has made an order under section 126(2) for further proceedings on the request under consideration to be deferred until the other request has been disposed of.

(3) The conditions are that—

(a) a certificate has been issued under section 2 in respect of a Part 1 warrant issued in respect of the person;

(b) the warrant has not been disposed of;

(c) the Secretary of State has made an order under section 179(2) for further proceedings on the request to be deferred until the warrant has been disposed of.

(4) The judge must remand the person in custody or on bail.

(5) [F88 If the person is remanded in custody, the appropriate judge may]F88 later grant bail.

Textual Amendments

F88 Words in s. 90(5) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 16; S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I112 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

91 Physical or mental condition U.K.

(1) This section applies if at any time in the extradition hearing it appears to the judge that the condition in subsection (2) is satisfied.

(2) The condition is that the physical or mental condition of the person is such that it would be unjust or oppressive to extradite him.

(3) The judge must—

(a) order the person’s discharge, or

(b) adjourn the extradition hearing until it appears to him that the condition in subsection (2) is no longer satisfied.

Commencement Information

I113 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

92 Case sent to Secretary of State U.K.

(1) This section applies if the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited.

(2) The judge must inform the person in ordinary language that—

(a) he has a right to appeal to the High Court;

(b) if he exercises the right the appeal will not be heard until the Secretary of State has made his decision.

(3) But subsection (2) does not apply if the person has consented to his extradition under section 127.

(4) The judge must remand the person in custody or on bail—

(a) to wait for the Secretary of State’s decision, and

(b) to wait for his extradition to the territory to which extradition is requested (if the Secretary of State orders him to be extradited).

(5) [F89 If the person is remanded in custody, the appropriate judge may]F89 later grant bail.

Textual Amendments

F89 Words in s. 92(5) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 16; S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I114 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Secretary of State’s functions U.K.

Commencement Information

I115 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

93 Secretary of State’s consideration of case U.K.

(1) This section applies if the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited.

(2) The Secretary of State must decide whether he is prohibited from ordering the person’s extradition under any of these sections—

(a) section 94 (death penalty);

(b) section 95 (speciality);

(c) section 96 (earlier extradition to United Kingdom from other territory).

[F90 (d) section 96A (earlier transfer to United Kingdom by International Criminal Court).]

F90 (3) If the Secretary of State decides any of the questions in subsection (2) in the affirmative he must order the person’s discharge.

(4) If the Secretary of State decides those questions in the negative he must order the person to be extradited to the territory to which his extradition is requested unless—

(a) he is informed that the request has been withdrawn,

(b) he makes an order under section 126(2) or 179(2) for further proceedings on the request to be deferred and the person is discharged under section 180, or

(c) he orders the person’s discharge under section 208.

(5) In deciding the questions in subsection (2), the Secretary of State is not required to consider any representations received by him after the end of the permitted period.

(6) The permitted period is the period of [F91 4 weeks]F91 starting with the appropriate day.

[F92 (7) In the case of a person who has consented under section 127 to his extradition, the Secretary of State is not required—

(a) to wait until the end of the permitted period before ordering the person's extradition, or

(b) to consider any representations received after the order is made.F92 ]

Textual Amendments

F90 S. 93(2)(d) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 3(3); S.I. 2006/3364, art. 2(d)(e)

F91 Words in s. 93(6) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 18(2); S.I. 2006/3364, art. 2(d)(e)

F92 S. 93(7) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 18(3); S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I116 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

94 Death penalty U.K.

(1) The Secretary of State must not order a person’s extradition to a category 2 territory if he could be, will be or has been sentenced to death for the offence concerned in the category 2 territory.

(2) Subsection (1) does not apply if the Secretary of State receives a written assurance which he considers adequate that a sentence of death—

(a) will not be imposed, or

(b) will not be carried out (if imposed).

Commencement Information

I117 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

95 Speciality U.K.

(1) The Secretary of State must not order a person’s extradition to a category 2 territory if there are no speciality arrangements with the category 2 territory.

(2) But subsection (1) does not apply if the person consented to his extradition under section 127 before his case was sent to the Secretary of State.

(3) There are speciality arrangements with a category 2 territory if (and only if) under the law of that territory or arrangements made between it and the United Kingdom a person who is extradited to the territory from the United Kingdom may be dealt with in the territory for an offence committed before his extradition only if—

(a) the offence is one falling within subsection (4), or

(b) he is first given an opportunity to leave the territory.

(4) The offences are—

(a) the offence in respect of which the person is extradited;

(b) an extradition offence disclosed by the same facts as that offence, other than one in respect of which a sentence of death could be imposed;

(c) an extradition offence in respect of which the Secretary of State consents to the person being dealt with;

(d) an offence in respect of which the person waives the right that he would have (but for this paragraph) not to be dealt with for the offence.

(5) Arrangements made with a category 2 territory which is a Commonwealth country or a British overseas territory may be made for a particular case or more generally.

(6) A certificate issued by or under the authority of the Secretary of State confirming the existence of arrangements with a category 2 territory which is a Commonwealth country or a British overseas territory and stating the terms of the arrangements is conclusive evidence of those matters.

Commencement Information

I118 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

96 Earlier extradition to United Kingdom from other territory U.K.

The Secretary of State must not order a person’s extradition to a category 2 territory if—

(a) the person was extradited to the United Kingdom from another territory (the extraditing territory);

(b) under arrangements between the United Kingdom and the extraditing territory, that territory’s consent is required to the person’s extradition from the United Kingdom to the category 2 territory in respect of the extradition offence under consideration;

(c) that consent has not been given on behalf of the extraditing territory.

Commencement Information

I119 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[F93 96A Earlier transfer to United Kingdom by International Criminal Court U.K.

(1) The Secretary of State must not order a person's extradition to a category 2 territory if—

(a) the person was transferred to the United Kingdom to serve a sentence imposed by the International Criminal Court;

(b) under arrangements between the United Kingdom and the Court, the consent of the Presidency of the Court is required to the person's extradition from the United Kingdom to the category 2 territory in respect of the extradition offence under consideration;

(c) that consent has not been given.

(2) Subsection (1) does not apply if the person has served the sentence imposed by the Court and has subsequently—

(a) remained voluntarily in the United Kingdom for more than 30 days, or

(b) left the United Kingdom and returned to it.]

Textual Amendments

F93 S. 96A inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 3(4); S.I. 2006/3364, art. 2(d)(e)

97 Deferral: person charged with offence in United Kingdom U.K.

(1) This section applies if—

(a) the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited;

(b) the person is charged with an offence in the United Kingdom.

(2) The Secretary of State must not make a decision with regard to the person’s extradition until one of these occurs—

(a) the charge is disposed of;

(b) the charge is withdrawn;

(c) proceedings in respect of the charge are discontinued;

(d) an order is made for the charge to lie on the file or, in relation to Scotland, the diet is deserted pro loco et tempore.

(3) If a sentence of imprisonment or another form of detention is imposed in respect of the offence charged, the Secretary of State may defer making a decision with regard to the person’s extradition until [F94 the person is released from detention pursuant to the sentence (whether on licence or otherwise)]F94 .

Textual Amendments

F94 Words in s. 97(3) substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 71(6), 116; S.I. 2009/3096, art. 3(n) (with art. 4)

Commencement Information

I120 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

98 Deferral: person serving sentence in United Kingdom U.K.

(1) This section applies if—

(a) the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited;

(b) the person is [F95 in custody]F95 serving a sentence of imprisonment or another form of detention in the United Kingdom.

(2) The Secretary of State may defer making a decision with regard to the person’s extradition until [F96 the person is released from detention pursuant to the sentence (whether on licence or otherwise)]F96 .

Textual Amendments

F95 Words in s. 98(1)(b) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 71(7)(a), 116; S.I. 2009/3096, art. 3(n) (with art. 4)

F96 Words in s. 98(2) substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 71(7)(b), 116; S.I. 2009/3096, art. 3(n) (with art. 4)

Commencement Information

I121 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

99 Time limit for order for extradition or discharge U.K.

(1) This section applies if—

(a) the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited;

(b) within the required period the Secretary of State does not make an order for the person’s extradition or discharge.

(2) If the person applies to [F97 the appropriate judge]F97 to be discharged, [F98 the judge]F98 must order his discharge.

(3) The required period is the period of 2 months starting with the appropriate day.

(4) If before the required period ends the Secretary of State [F99 applies to the appropriate judge]F99 for it to be extended [F100 the judge may]F100 make an order accordingly; and this subsection may apply more than once.

Textual Amendments

F97 Words in s. 99(2) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 19(2)(a); S.I. 2006/3364, art. 2(d)(e)

F98 Words in s. 99(2) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 19(2)(b); S.I. 2006/3364, art. 2(d)(e)

F99 Words in s. 99(4) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 19(3)(a); S.I. 2006/3364, art. 2(d)(e)

F100 Words in s. 99(4) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 19(3)(b); S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I122 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

100 Information U.K.

(1) If the Secretary of State orders a person’s extradition under this Part he must—

(a) inform the person of the order;

(b) inform him in ordinary language that he has a right of appeal to the High Court;

(c) inform a person acting on behalf of the category 2 territory of the order.

(2) But subsection (1)(b) does not apply if the person has consented to his extradition under section 127.

(3) If the Secretary of State orders a person’s extradition under this Part and he has received an assurance such as is mentioned in section 94(2), he must give the person a copy of the assurance when he informs him under subsection (1) of the order.

(4) If the Secretary of State orders a person’s discharge under this Part he must—

(a) inform him of the order;

(b) inform a person acting on behalf of the category 2 territory of the order.

Commencement Information

I123 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

101 Making of order for extradition or discharge U.K.

(1) An order to which this section applies must be made under the hand of one of these—

(a) the Secretary of State;

(b) a Minister of State;

(c) a Parliamentary Under-Secretary of State;

(d) a senior official.

(2) But, in relation to Scotland, an order to which this section applies must be made under the hand of one of these—

(a) a member of the Scottish Executive or a junior Scottish Minister;

(b) a senior official who is a member of the staff of the Scottish Administration.

(3) This section applies to—

(a) an order under section 93 for a person’s extradition;

(b) an order under section 93 or 123 for a person’s discharge.

(4) A senior official is—

(a) a member of the Senior Civil Service;

(b) a member of the Senior Management Structure of Her Majesty’s Diplomatic Service.

(5) If it appears to the Secretary of State that it is necessary to do so in consequence of any changes to the structure or grading of the home civil service or diplomatic service, he may by order make such amendments to subsection (4) as appear to him appropriate to preserve (so far as practicable) the effect of that subsection.

Commencement Information

I124 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

102 The appropriate day U.K.

(1) This section applies for the purposes of sections 93 and 99 if the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited.

(2) If the person is charged with an offence in the United Kingdom, the appropriate day is the day on which one of these occurs—

(a) the charge is disposed of;

(b) the charge is withdrawn;

(c) proceedings in respect of the charge are discontinued;

(d) an order is made for the charge to lie on the file, or in relation to Scotland, the diet is deserted pro loco et tempore.

(3) If under section 97(3) or 98(2) the Secretary of State defers making a decision [F101 , the appropriate day is the day on which the person is released from detention pursuant to the sentence (whether on licence or otherwise).F101 ]

(4) If section 126 applies in relation to the request for the person’s extradition (the request concerned) the appropriate day is—

(a) the day on which the Secretary of State makes an order under that section, if the order is for proceedings on the other request to be deferred;

(b) the day on which an order under section 180 is made, if the order under section 126 is for proceedings on the request concerned to be deferred and the order under section 180 is for the proceedings to be resumed.

(5) If section 179 applies in relation to the request for the person’s extradition, the appropriate day is—

(a) the day on which the Secretary of State makes an order under that section, if the order is for proceedings on the warrant to be deferred;

(b) the day on which an order under section 180 is made, if the order under section 179 is for proceedings on the request to be deferred and the order under section 180 is for the proceedings to be resumed.

(6) If more than one of subsections (2) to (5) applies, the appropriate day is the latest of the days found under the subsections which apply.

(7) In any other case, the appropriate day is the day on which the judge sends the case to the Secretary of State for his decision whether the person is to be extradited.

Textual Amendments

F101 Words in s. 102(3) substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 71(8), 116; S.I. 2009/3096, art. 3(n) (with art. 4)

Commencement Information

I125 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Appeals U.K.

Commencement Information

I126 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

103 Appeal where case sent to Secretary of State U.K.

(1) If the judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited, the person may appeal to the High Court against the relevant decision.

(2) But subsection (1) does not apply if the person consented to his extradition under section 127 before his case was sent to the Secretary of State.

(3) The relevant decision is the decision that resulted in the case being sent to the Secretary of State.

(4) An appeal under this section may be brought on a question of law or fact.

(5) If an appeal is brought under this section before the Secretary of State has decided whether the person is to be extradited the appeal must not be heard until after the Secretary of State has made his decision.

(6) If the Secretary of State orders the person’s discharge the appeal must not be proceeded with.

(7) No appeal may be brought under this section if the Secretary of State has ordered the person’s discharge.

(8) If notice of an appeal under section 110 against the decision which resulted in the order for the person’s discharge is given in accordance with subsection (5) of that section—

(a) subsections (6) and (7) do not apply;

(b) no appeal may be brought under this section if the High Court has made its decision on the appeal.

(9) Notice of an appeal under this section must be given in accordance with rules of court before the end of the permitted period, which is 14 days starting with the day on which the Secretary of State informs the person under section 100(1) or (4) of the order he has made in respect of the person.

Commencement Information

I127 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

104 Court’s powers on appeal under section 103 U.K.

(1) On an appeal under section 103 the High Court may—

(a) allow the appeal;

(b) direct the judge to decide again a question (or questions) which he decided at the extradition hearing;

(c) dismiss the appeal.

(2) The court may allow the appeal only if the conditions in subsection (3) or the conditions in subsection (4) are satisfied.

(3) The conditions are that—

(a) the judge ought to have decided a question before him at the extradition hearing differently;

(b) if he had decided the question in the way he ought to have done, he would have been required to order the person’s discharge.

(4) The conditions are that—

(a) an issue is raised that was not raised at the extradition hearing or evidence is available that was not available at the extradition hearing;

(b) the issue or evidence would have resulted in the judge deciding a question before him at the extradition hearing differently;

(c) if he had decided the question in that way, he would have been required to order the person’s discharge.

(5) If the court allows the appeal it must—

(a) order the person’s discharge;

(b) quash the order for his extradition.

(6) If the judge comes to a different decision on any question that is the subject of a direction under subsection (1)(b) he must order the person’s discharge.

(7) If the judge comes to the same decision as he did at the extradition hearing on the question that is (or all the questions that are) the subject of a direction under subsection (1)(b) the appeal must be taken to have been dismissed by a decision of the High Court.

[F102 (8) If the court makes a direction under subsection (1)(b) it must remand the person in custody or on bail.

(9) If the court remands the person in custody it may later grant bail.F102 ]

Textual Amendments

F102 S. 104(8)(9) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 8(6); S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I128 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

105 Appeal against discharge at extradition hearing U.K.

(1) If at the extradition hearing the judge orders a person’s discharge, an appeal to the High Court may be brought on behalf of the category 2 territory against the relevant decision.

(2) But subsection (1) does not apply if the order for the person’s discharge was under section 122.

(3) The relevant decision is the decision which resulted in the order for the person’s discharge.

(4) An appeal under this section may be brought on a question of law or fact.

(5) Notice of an appeal under this section must be given in accordance with rules of court before the end of the permitted period, which is 14 days starting with the day on which the order for the person’s discharge is made.

Commencement Information

I129 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

106 Court’s powers on appeal under section 105 U.K.

(1) On an appeal under section 105 the High Court may—

(a) allow the appeal;

(b) direct the judge to decide the relevant question again;

(c) dismiss the appeal.

(2) A question is the relevant question if the judge’s decision on it resulted in the order for the person’s discharge.

(3) The court may allow the appeal only if the conditions in subsection (4) or the conditions in subsection (5) are satisfied.

(4) The conditions are that—

(a) the judge ought to have decided the relevant question differently;

(b) if he had decided the question in the way he ought to have done, he would not have been required to order the person’s discharge.

(5) The conditions are that—

(a) an issue is raised that was not raised at the extradition hearing or evidence is available that was not available at the extradition hearing;

(b) the issue or evidence would have resulted in the judge deciding the relevant question differently;

(c) if he had decided the question in that way, he would not have been required to order the person’s discharge.

(6) If the court allows the appeal it must—

(a) quash the order discharging the person;

(b) remit the case to the judge;

(c) direct him to proceed as he would have been required to do if he had decided the relevant question differently at the extradition hearing.

(7) If the court makes a direction under subsection (1)(b) and the judge decides the relevant question differently he must proceed as he would have been required to do if he had decided that question differently at the extradition hearing.

(8) If the court makes a direction under subsection (1)(b) and the judge does not decide the relevant question differently the appeal must be taken to have been dismissed by a decision of the High Court.

[F103 (9) If the court—

(a) allows the appeal, or

(b) makes a direction under subsection (1)(b),

it must remand the person in custody or on bail.

(10) If the court remands the person in custody it may later grant bail.F103 ]

Textual Amendments

F103 S. 106(9)(10) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 8(7); S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I130 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

107 Detention pending conclusion of appeal under section 105 U.K.

(1) This section applies if immediately after the judge orders the person’s discharge the judge is informed on behalf of the category 2 territory of an intention to appeal under section 105.

(2) The judge must remand the person in custody or on bail while the appeal is pending.

(3) [F104 If the person is remanded in custody, the appropriate judge may]F104 later grant bail.

(4) An appeal under section 105 ceases to be pending at the earliest of these times—

(a) when the proceedings on the appeal are discontinued;

[F105 (b) when the High Court—

(i) allows the appeal,

(ii) makes a direction under section 106(1)(b), or

(iii) dismisses the appeal,

unless, where the appeal is dismissed, the court is immediately informed on behalf of the category 2 territory of an intention to apply for leave to appeal to the [F106 Supreme Court]F106 ;]

F105 (c) at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the [F106 Supreme Court]F106 against the decision of the High Court on the appeal is granted [F107 , if no appeal to the [F106 Supreme Court]F106 is brought before the end of that period]F107 ;

(d) when there is no further step that can be taken on behalf of the category 2 territory in relation to the appeal (ignoring any power of a court to grant leave to take a step out of time).

(5) The preceding provisions of this section apply to Scotland with these modifications—

(a) in subsection (4)(b) omit the words from [F108 unless]F108 to the end;

(b) omit subsection (4)(c).

Textual Amendments

F104 Words in s. 107(3) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 16; S.I. 2006/3364, art. 2(d)(e)

F105 S. 107(4)(b) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 8(8)(a); S.I. 2006/3364, art. 2(d)(e)

F106 Words in s. 107 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(4)(g); S.I. 2009/1604, art. 2(d)

F107 Words in s. 107(4)(c) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 8(8)(b); S.I. 2006/3364, art. 2(d)(e)

F108 Word in s. 107(5)(a) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 8(8)(c); S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I131 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

108 Appeal against extradition order U.K.

(1) If the Secretary of State orders a person’s extradition under this Part, the person may appeal to the High Court against the order.

(2) But subsection (1) does not apply if the person has consented to his extradition under section 127.

(3) An appeal under this section may be brought on a question of law or fact.

(4) Notice of an appeal under this section must be given in accordance with rules of court before the end of the permitted period, which is 14 days starting with the day on which the Secretary of State informs the person of the order under section 100(1).

Commencement Information

I132 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

109 Court’s powers on appeal under section 108 U.K.

(1) On an appeal under section 108 the High Court may—

(a) allow the appeal;

(b) dismiss the appeal.

(2) The court may allow the appeal only if the conditions in subsection (3) or the conditions in subsection (4) are satisfied.

(3) The conditions are that—

(a) the Secretary of State ought to have decided a question before him differently;

(b) if he had decided the question in the way he ought to have done, he would not have ordered the person’s extradition.

(4) The conditions are that—

(a) an issue is raised that was not raised when the case was being considered by the Secretary of State or information is available that was not available at that time;

(b) the issue or information would have resulted in the Secretary of State deciding a question before him differently;

(c) if he had decided the question in that way, he would not have ordered the person’s extradition.

(5) If the court allows the appeal it must—

(a) order the person’s discharge;

(b) quash the order for his extradition.

Commencement Information

I133 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

110 Appeal against discharge by Secretary of State U.K.

(1) If the Secretary of State makes an order for a person’s discharge under this Part, an appeal to the High Court may be brought on behalf of the category 2 territory against the relevant decision.

(2) But subsection (1) does not apply if the order for the person’s discharge was under section 123.

(3) The relevant decision is the decision which resulted in the order for the person’s discharge.

(4) An appeal under this section may be brought on a question of law or fact.

(5) Notice of an appeal under this section must be given in accordance with rules of court before the end of the permitted period, which is 14 days starting with the day on which (under section 100(4)) the Secretary of State informs a person acting on behalf of the category 2 territory of the order.

Commencement Information

I134 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

111 Court’s powers on appeal under section 110 U.K.

(1) On an appeal under section 110 the High Court may—

(a) allow the appeal;

(b) dismiss the appeal.

(2) The court may allow the appeal only if the conditions in subsection (3) or the conditions in subsection (4) are satisfied.

(3) The conditions are that—

(a) the Secretary of State ought to have decided a question before him differently;

(b) if he had decided the question in the way he ought to have done, he would have ordered the person’s extradition.

(4) The conditions are that—

(a) an issue is raised that was not raised when the case was being considered by the Secretary of State or information is available that was not available at that time;

(b) the issue or information would have resulted in the Secretary of State deciding a question before him differently;

(c) if he had decided the question in that way, he would have ordered the person’s extradition.

(5) If the court allows the appeal it must—

(a) quash the order discharging the person;

(b) order the person’s extradition.

[F109 (6) If the court allows the appeal it must remand the person in custody or on bail.

(7) If the court remands the person in custody it may later grant bail.F109 ]

Textual Amendments

F109 S. 111(6)(7) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 8(9); S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I135 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[F110 112 Detention pending conclusion of appeal under section 110 U.K.

(1) This section applies in a case where the Secretary of State orders the person's discharge under this Part.

(2) Subject to subsection (3)—

(a) the order made by the appropriate judge under section 92(4) (“the remand order”) remains in force until the end of the period of three days beginning with the day on which the person's discharge is ordered;

(b) if within that period the Secretary of State is informed in writing on behalf of the category 2 territory of an intention to appeal under section 110, the remand order remains in force while the appeal is pending.

(3) If the person is remanded in custody under section 92(4), the appropriate judge may grant bail.

(4) An appeal under section 110 ceases to be pending at the earliest of these times—

(a) when the proceedings on the appeal are discontinued;

(b) when the High Court—

(i) allows the appeal, or

(ii) dismisses the appeal,

unless, where the appeal is dismissed, the court is immediately informed on behalf of the category 2 territory of an intention to apply for leave to appeal to the [F111 Supreme Court]F111 ;

(c) at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the [F111 Supreme Court]F111 against the decision of the High Court on the appeal is granted, if no appeal to the [F111 Supreme Court]F111 is brought before the end of that period;

(d) when there is no further step that can be taken on behalf of the category 2 territory in relation to the appeal (ignoring any power of a court to grant leave to take a step out of time).

(5) The preceding provisions of this section apply to Scotland with these modifications—

(a) in subsection (4)(b) omit the words from “unless” to the end;

(b) omit subsection (4)(c).F110 ]

Textual Amendments

F110 S. 112 substituted (15.1.2007) by Police and Justice Act 2006 (c. 48) , ss. 42 , 53 , Sch. 13 para. 8(10) ; S.I. 2006/3364 , art. 2(d)(e)

F111 Words in s. 112 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4) , ss. 40 , 148 , Sch. 9 para. 81(4)(h) ; S.I. 2009/1604 , art. 2(d)

Commencement Information

I136 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103 , art. 2 (subject to arts. 3-5 ) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

113 Appeal to High Court: time limit for start of hearing U.K.

(1) Rules of court must prescribe the period (the relevant period) within which the High Court must begin to hear an appeal under section 103, 105, 108 or 110.

(2) The High Court must begin to hear the appeal before the end of the relevant period.

(3) The High Court may extend the relevant period if it believes it to be in the interests of justice to do so; and this subsection may apply more than once.

(4) The power in subsection (3) may be exercised even after the end of the relevant period.

(5) If subsection (2) is not complied with and the appeal is under section 103 or 108—

(a) the appeal must be taken to have been allowed by a decision of the High Court;

(b) the person whose extradition has been ordered must be taken to have been discharged by the High Court;

(c) the order for the person’s extradition must be taken to have been quashed by the High Court.

(6) If subsection (2) is not complied with and the appeal is under section 105 or 110 the appeal must be taken to have been dismissed by a decision of the High Court.

Commencement Information

I137 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

114 Appeal to [F112 Supreme CourtF112 ] U.K.

(1) An appeal lies to the [F113 Supreme Court]F113 from a decision of the High Court on an appeal under section 103, 105, 108 or 110.

(2) An appeal under this section lies at the instance of—

(a) the person whose extradition is requested;

(b) a person acting on behalf of the category 2 territory.

(3) An appeal under this section lies only with the leave of the High Court or the [F114 Supreme Court]F114 .

(4) Leave to appeal under this section must not be granted unless—

(a) the High Court has certified that there is a point of law of general public importance involved in the decision, and

(b) it appears to the court granting leave that the point is one which ought to be considered by the [F115 Supreme Court]F115 .

(5) An application to the High Court for leave to appeal under this section must be made before the end of the permitted period, which is 14 days starting with the day on which the court makes its decision on the appeal to it.

(6) An application to the [F116 Supreme Court]F116 for leave to appeal under this section must be made before the end of the permitted period, which is 14 days starting with the day on which the High Court refuses leave to appeal.

(7) If leave to appeal under this section is granted, the appeal must be brought before the end of the permitted period, which is 28 days starting with the day on which leave is granted.

(8) If subsection (7) is not complied with—

(a) the appeal must be taken to have been brought;

(b) the appeal must be taken to have been dismissed by the [F117 Supreme Court]F117 immediately after the end of the period permitted under that subsection.

(9) These must be ignored for the purposes of subsection (8)(b)—

(a) any power of a court to extend the period permitted for bringing the appeal;

(b) any power of a court to grant leave to take a step out of time.

[F118 (10) The High Court may grant bail to a person appealing under this section, or applying for leave to appeal under this section, against the dismissal of his appeal under section 103 or 108.]

F118 (11) Section 5 of the Appellate Jurisdiction Act 1876 (c. 59) (composition of House of Lords for hearing and determination of appeals) applies in relation to an appeal under this section or an application for leave to appeal under this section as it applies in relation to an appeal under that Act.

(12) An order of the House of Lords which provides for an application for leave to appeal under this section to be determined by a committee constituted in accordance with section 5 of the Appellate Jurisdiction Act 1876 may direct that the decision of the committee is taken on behalf of the House.

(13) The preceding provisions of this section do not apply to Scotland.

Textual Amendments

F112 Words in s. 114 sidenote substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(3); S.I. 2009/1604, art. 2(d)

F113 Words in s. 114(1) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(3); S.I. 2009/1604, art. 2(d)

F114 Words in s. 114(3) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(3); S.I. 2009/1604, art. 2(d)

F115 Words in s. 114(4)(b) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(3); S.I. 2009/1604, art. 2(d)

F116 Words in s. 114(6) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(3); S.I. 2009/1604, art. 2(d)

F117 Words in s. 114(8)(b) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(3); S.I. 2009/1604, art. 2(d)

F118 S. 114(10) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 8(11); S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I138 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

115 Powers of [F119 Supreme Court]F119 on appeal under section 114 U.K.

(1) On an appeal under section 114 the [F120 Supreme Court]F120 may—

(a) allow the appeal;

(b) dismiss the appeal.

(2) Subsection (3) applies if—

(a) the person whose extradition is requested brings an appeal under section 114, and

(b) the [F120 Supreme Court]F120 allows the appeal.

(3) The [F120 Supreme Court]F120 must—

(a) order the person’s discharge;

(b) quash the order for his extradition, if the appeal was against a decision of the High Court to dismiss an appeal under section 103 or 108 or to allow an appeal under section 110.

(4) Subsection (5) applies if—

(a) the High Court allows an appeal under section 103 or 108 by the person whose extradition is requested or dismisses an appeal under section 110 by a person acting on behalf of the category 2 territory,

(b) a person acting on behalf of the category 2 territory brings an appeal under section 114 against the decision of the High Court, and

(c) the [F120 Supreme Court]F120 allows the appeal.

(5) The [F120 Supreme Court]F120 must—

(a) quash the order discharging the person made by the High Court under section 104(5) or 109(5) or by the Secretary of State under this Part;

(b) order the person to be extradited to the category 2 territory.

(6) Subsection (7) applies if—

(a) the High Court dismisses an appeal under section 105 against a decision made by the judge at the extradition hearing,

(b) a person acting on behalf of the category 2 territory brings an appeal under section 114 against the decision of the High Court, and

(c) the [F120 Supreme Court]F120 allows the appeal.

(7) The [F120 Supreme Court]F120 must—

(a) quash the order of the judge discharging the person whose extradition is requested;

(b) remit the case to the judge;

(c) direct him to proceed as he would have been required to do if he had decided the relevant question differently at the extradition hearing.

(8) A question is the relevant question if the judge’s decision on it resulted in the order for the person’s discharge.

[F121 (9) In a case where subsection (5) or (7) applies, the [F120 Supreme Court]F120 must remand, in custody or on bail, the person whose extradition is requested.

(10) If the [F120 Supreme Court]F120 remands the person in custody the High Court may later grant bail.F121 ]

Textual Amendments

F119 Words in s. 115 sidenote substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(4)(i); S.I. 2009/1604, art. 2(d)

F120 Words in s. 115 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(4)(i); S.I. 2009/1604, art. 2(d)

F121 S. 115(9)(10) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 8(12); S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I139 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[F122 115A Detention pending conclusion of certain appeals under section 114 U.K.

(1) This section applies if—

(a) on an appeal under section 103 or 108 the High Court orders the person's discharge;

(b) immediately after it does so, the court is informed on behalf of the category 2 territory of an intention to appeal under section 114.

(2) The court must remand the person in custody or on bail while the appeal is pending.

(3) If the court remands the person in custody it may later grant bail.

(4) An appeal under section 114 ceases to be pending at the earliest of these times—

(a) when the proceedings on the appeal are discontinued;

(b) at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the House of Lords against the decision of the High Court on the appeal under section 103 or 108 is granted, if no appeal to the House of Lords is brought before the end of that period;

(c) when there is no further step that can be taken on behalf of the category 2 territory in relation to the appeal (ignoring any power of a court to grant leave to take a step out of time).

(5) The preceding provisions of this section do not apply to Scotland.]

Textual Amendments

F122 S. 115A inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 8(13); S.I. 2006/3364, art. 2(d)(e)

116 Appeals: general U.K.

A decision under this Part of the judge or the Secretary of State may be questioned in legal proceedings only by means of an appeal under this Part.

Commencement Information

I140 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Time for extradition U.K.

Commencement Information

I141 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

117 Extradition where no appeal U.K.

(1) This section applies if—

(a) the Secretary of State orders a person’s extradition to a category 2 territory under this Part, and

(b) no notice of an appeal under section 103 or 108 is given before the end of the permitted period, which is 14 days starting with the day on which the Secretary of State informs the person under section 100(1) that he has ordered his extradition.

(2) The person must be extradited to the category 2 territory before the end of the required period, which is 28 days starting with the day on which the Secretary of State makes the order.

(3) If subsection (2) is not complied with and the person applies to the appropriate judge to be discharged the judge must order his discharge, unless reasonable cause is shown for the delay.

(4) These must be ignored for the purposes of subsection (1)(b)—

(a) any power of a court to extend the period permitted for giving notice of appeal;

(b) any power of a court to grant leave to take a step out of time.

Commencement Information

I142 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103 , art. 2 (subject to arts. 3-5 ) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

118 Extradition following appeal U.K.

(1) This section applies if—

(a) there is an appeal to the High Court under section 103, 108 or 110 against a decision or order relating to a person’s extradition to a category 2 territory, and

(b) the effect of the decision of the relevant court on the appeal is that the person is to be extradited there.

(2) The person must be extradited to the category 2 territory before the end of the required period, which is 28 days starting with—

(a) the day on which the decision of the relevant court on the appeal becomes final, or

(b) the day on which proceedings on the appeal are discontinued.

(3) The relevant court is—

(a) the High Court, if there is no appeal to the [F123 Supreme Court]F123 against the decision of the High Court on the appeal;

(b) the [F123 Supreme Court]F123 , if there is such an appeal.

(4) The decision of the High Court on the appeal becomes final—

(a) when the period permitted for applying to the High Court for leave to appeal to the [F123 Supreme Court]F123 ends, if there is no such application;

(b) when the period permitted for applying to the [F123 Supreme Court]F123 for leave to appeal to it ends, if the High Court refuses leave to appeal and there is no application to the [F123 Supreme Court]F123 for leave to appeal;

(c) when the [F123 Supreme Court]F123 refuses leave to appeal to it;

(d) at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the [F123 Supreme Court]F123 is granted, if no such appeal is brought before the end of that period.

(5) These must be ignored for the purposes of subsection (4)—

(a) any power of a court to extend the period permitted for applying for leave to appeal;

(b) any power of a court to grant leave to take a step out of time.

(6) The decision of the [F123 Supreme Court]F123 on the appeal becomes final when it is made.

(7) If subsection (2) is not complied with and the person applies to the appropriate judge to be discharged the judge must order his discharge, unless reasonable cause is shown for the delay.

(8) The preceding provisions of this section apply to Scotland with these modifications—

(a) in subsections (1) and (2) for “relevant court” substitute “ High Court ”;

(b) omit subsections (3) to (6).

Textual Amendments

F123 Words in s. 118 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4) , ss. 40 , 148 , {Sch. 9 para. 81(4)(j}; S.I. 2009/1604 , art. 2(d)

Commencement Information

I143 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103 , art. 2 (subject to arts. 3-5 ) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

119 Undertaking in relation to person serving sentence in United Kingdom U.K.

(1) This section applies if—

(a) the Secretary of State orders a person’s extradition to a category 2 territory under this Part;

(b) the person is serving a sentence of imprisonment or another form of detention in the United Kingdom [F124 , either—

(i) in custody, or

(ii) on licence]

F124 .

(2) The Secretary of State may make the order for extradition subject to the condition that extradition is not to take place before he receives an undertaking given on behalf of the category 2 territory in terms specified by him.

(3) The terms which may be specified by the Secretary of State in relation to a person [F125 within subsection (1)(b)(i) who is]F125 accused in a category 2 territory of the commission of an offence include terms—

(a) that the person be kept in custody until the conclusion of the proceedings against him for the offence and any other offence in respect of which he is permitted to be dealt with in the category 2 territory;

(b) that the person be returned to the United Kingdom to serve the remainder of his sentence on the conclusion of those proceedings.

[F126 (3A) The terms which may be specified by the Secretary of State in relation to a person within subsection (1)(b)(ii) who is accused in a category 2 territory of the commission of an offence include terms that the person be returned to the United Kingdom to serve the remainder of his sentence after serving any sentence imposed on him in the category 2 territory for—

(a) the offence, and

(b) any other offence in respect of which he is permitted to be dealt with in the category 2 territory.]

F126 (4) The terms which may be specified by the Secretary of State in relation to a person alleged to be unlawfully at large after conviction of an offence by a court in a category 2 territory include terms that the person be returned to the United Kingdom to serve the remainder of his sentence after serving any sentence imposed on him in the category 2 territory for—

(a) the offence, and

(b) any other offence in respect of which he is permitted to be dealt with in the category 2 territory.

(5) Subsections (6) and (7) apply if the Secretary of State makes an order for extradition subject to a condition under subsection (2).

(6) If the Secretary of State does not receive the undertaking before the end of the period of 21 days starting with the day on which he makes the order and the person applies to the High Court to be discharged, the court must order his discharge.

(7) If the Secretary of State receives the undertaking before the end of that period—

(a) in a case where section 117 applies, the required period for the purposes of section 117(2) is 28 days starting with the day on which the Secretary of State receives the undertaking;

(b) in a case where section 118 applies, the required period for the purposes of section 118(2) is 28 days starting with the day on which the decision of the relevant court on the appeal becomes final (within the meaning of that section) or (if later) the day on which the Secretary of State receives the undertaking.

Textual Amendments

F124 S. 119(1)(b)(i)(ii) and word inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 13(2); S.I. 2006/3364, art. 2(d)(e)

F125 Words in s. 119(3) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 13(3); S.I. 2006/3364, art. 2(d)(e)

F126 S. 119(3A) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 13(4); S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I144 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

120 Extradition following deferral for competing claim U.K.

(1) This section applies if—

(a) an order is made under this Part for a person to be extradited to a category 2 territory in pursuance of a request for his extradition;

(b) before the person is extradited to the territory an order is made under section 126(2) or 179(2) for the person’s extradition in pursuance of the request to be deferred;

(c) the appropriate judge makes an order under section 181(2) for the person’s extradition in pursuance of the request to cease to be deferred.

(2) In a case where section 117 applies, the required period for the purposes of section 117(2) is 28 days starting with the day on which the order under section 181(2) is made.

(3) In a case where section 118 applies, the required period for the purposes of section 118(2) is 28 days starting with the day on which the decision of the relevant court on the appeal becomes final (within the meaning of that section) or (if later) the day on which the order under section 181(2) is made.

Commencement Information

I145 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

121 Asylum claim U.K.

(1) This section applies if—

(a) a person whose extradition is requested makes an asylum claim at any time in the relevant period;

(b) an order is made under this Part for the person to be extradited in pursuance of the request.

(2) The relevant period is the period—

(a) starting when a certificate is issued under section 70 in respect of the request;

(b) ending when the person is extradited in pursuance of the request.

(3) The person must not be extradited in pursuance of the request before the asylum claim is finally determined; and sections 117 and 118 have effect subject to this.

(4) If the Secretary of State allows the asylum claim, the claim is finally determined when he makes his decision on the claim.

(5) If the Secretary of State rejects the asylum claim, the claim is finally determined—

(a) when the Secretary of State makes his decision on the claim, if there is no right to appeal against the Secretary of State’s decision on the claim;

(b) when the period permitted for appealing against the Secretary of State’s decision on the claim ends, if there is such a right but there is no such appeal;

(c) when the appeal against that decision is finally determined or is withdrawn or abandoned, if there is such an appeal.

(6) An appeal against the Secretary of State’s decision on an asylum claim is not finally determined for the purposes of subsection (5) at any time when a further appeal or an application for leave to bring a further appeal—

(a) has been instituted and has not been finally determined or withdrawn or abandoned, or

(b) may be brought.

(7) The remittal of an appeal is not a final determination for the purposes of subsection (6).

(8) The possibility of an appeal out of time with leave must be ignored for the purposes of subsections (5) and (6).

Commencement Information

I146 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Withdrawal of extradition request U.K.

Commencement Information

I147 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

122 Withdrawal of request before end of extradition hearing U.K.

(1) This section applies if at any time in the relevant period the appropriate judge is informed by the Secretary of State that a request for a person’s extradition has been withdrawn.

(2) The relevant period is the period—

(a) starting when the person first appears or is brought before the appropriate judge following his arrest under this Part;

(b) ending when the judge orders the person’s discharge or sends the case to the Secretary of State for his decision whether the person is to be extradited.

(3) The judge must order the person’s discharge.

(4) If the person is not before the judge at the time the judge orders his discharge, the judge must inform him of the order as soon as practicable.

Commencement Information

I148 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

123 Withdrawal of request after case sent to Secretary of State U.K.

(1) This section applies if at any time in the relevant period the Secretary of State is informed that a request for a person’s extradition has been withdrawn.

(2) The relevant period is the period—

(a) starting when the judge sends the case to the Secretary of State for his decision whether the person is to be extradited;

(b) ending when the person is extradited in pursuance of the request or discharged.

(3) The Secretary of State must order the person’s discharge.

Commencement Information

I149 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

124 Withdrawal of request while appeal to High Court pending U.K.

(1) This section applies if at any time in the relevant period the High Court is informed by the Secretary of State that a request for a person’s extradition has been withdrawn.

(2) The relevant period is the period—

(a) starting when notice of an appeal to the court is given by the person whose extradition is requested or by a person acting on behalf of the category 2 territory to which his extradition is requested;

(b) ending when proceedings on the appeal are discontinued or the court makes its decision on the appeal.

(3) If the appeal is under section 103 or 108, the court must—

(a) order the person’s discharge;

(b) quash the order for his extradition, if the Secretary of State has ordered his extradition.

(4) If the appeal is under section 105 or 110, the court must dismiss the appeal.

(5) If the person is not before the court at the time the court orders his discharge, the court must inform him of the order as soon as practicable.

Commencement Information

I150 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

125 Withdrawal of request while appeal to [F127 Supreme Court]F127 pending U.K.

(1) This section applies if at any time in the relevant period the [F128 Supreme Court]F128 is informed by the Secretary of State that a request for a person’s extradition has been withdrawn.

(2) The relevant period is the period—

(a) starting when leave to appeal to the [F128 Supreme Court]F128 is granted to the person whose extradition is requested or a person acting on behalf of the category 2 territory to which his extradition is requested;

(b) ending when proceedings on the appeal are discontinued or the [F128 Supreme Court]F128 makes its decision on the appeal.

(3) If the appeal is brought by the person whose extradition is requested the [F128 Supreme Court]F128 must—

(a) order the person’s discharge;

(b) quash the order for his extradition, in a case where the appeal was against a decision of the High Court to dismiss an appeal under section 103 or 108.

(4) If the appeal is brought by a person acting on behalf of the category 2 territory the [F128 Supreme Court]F128 must dismiss the appeal.

(5) If the person whose extradition is requested is not before the [F128 Supreme Court]F128 at the time it orders his discharge, the [F128 Supreme Court]F128 must inform him of the order as soon as practicable.

Textual Amendments

F127 Words in s. 125 sidenote substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(4)(k); S.I. 2009/1604, art. 2(d)

F128 Words in s. 125 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(4)(k); S.I. 2009/1604, art. 2(d)

Commencement Information

I151 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Competing extradition requests U.K.

Commencement Information

I152 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

126 Competing extradition requests U.K.

(1) This section applies if—

(a) the Secretary of State receives a valid request for a person’s extradition to a category 2 territory;

(b) the person is in the United Kingdom;

(c) before the person is extradited in pursuance of the request or discharged, the Secretary of State receives another valid request for the person’s extradition.

(2) The Secretary of State may—

(a) order proceedings (or further proceedings) on one of the requests to be deferred until the other one has been disposed of, if neither of the requests has been disposed of;

(b) order the person’s extradition in pursuance of the request under consideration to be deferred until the other request has been disposed of, if an order for his extradition in pursuance of the request under consideration has been made.

(3) In applying subsection (2) the Secretary of State must take account in particular of these matters—

(a) the relative seriousness of the offences concerned;

(b) the place where each offence was committed (or was alleged to have been committed);

(c) the date when each request was received;

(d) whether, in the case of each offence, the person is accused of its commission (but not alleged to have been convicted) or is alleged to be unlawfully at large after conviction.

Commencement Information

I153 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Consent to extradition U.K.

Commencement Information

I154 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

127 Consent to extradition: general U.K.

(1) A person arrested under a warrant issued under section 71 may consent to his extradition to the category 2 territory to which his extradition is requested.

(2) A person arrested under a provisional warrant may consent to his extradition to the category 2 territory in which he is accused of the commission of an offence or is alleged to have been convicted of an offence.

(3) Consent under this section—

(a) must be given in writing;

(b) is irrevocable.

(4) Consent under this section which is given by a person before his case is sent to the Secretary of State for the Secretary of State’s decision whether he is to be extradited must be given before the appropriate judge.

(5) Consent under this section which is given in any other case must be given to the Secretary of State.

(6) A person may not give his consent under this section before the appropriate judge unless—

(a) he is legally represented before the appropriate judge at the time he gives consent, or

(b) he is a person to whom subsection (7) applies.

(7) This subsection applies to a person if—

(a) he has been informed of his right to apply for legal aid and has had the opportunity to apply for legal aid, but he has refused or failed to apply;

(b) he has applied for legal aid but his application has been refused;

(c) he was granted legal aid but the legal aid was withdrawn.

(8) In subsection (7) “legal aid” means—

(a) in England and Wales, a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service;

(b) in Scotland, such legal aid as is available by virtue of section 183(a) of this Act;

(c) in Northern Ireland, such free legal aid as is available by virtue of sections 184 and 185 of this Act.

(9) For the purposes of subsection (6) a person is to be treated as legally represented before the appropriate judge if (and only if) he has the assistance of counsel or a solicitor to represent him in the proceedings before the appropriate judge.

Commencement Information

I155 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

128 Consent to extradition before case sent to Secretary of State U.K.

(1) This section applies if a person gives his consent under section 127 to the appropriate judge.

(2) If the judge has not fixed a date under section 75 or 76 on which the extradition hearing is to begin he is not required to do so.

(3) If the extradition hearing has begun the judge is no longer required to proceed or continue proceeding under sections 78 to 91.

(4) The judge must send the case to the Secretary of State for his decision whether the person is to be extradited.

(5) The person must be taken to have waived any right he would have (apart from the consent) not to be dealt with in the category 2 territory for an offence committed before his extradition.

Commencement Information

I156 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Post-extradition matters U.K.

Commencement Information

I157 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

129 Consent to other offence being dealt with U.K.

(1) This section applies if—

(a) a person is extradited to a category 2 territory in accordance with this Part;

(b) the Secretary of State receives a valid request for his consent to the person being dealt with in the territory for an offence other than the offence in respect of which he was extradited.

(2) A request for consent is valid if it is made by an authority which is an authority of the territory and which the Secretary of State believes has the function of making requests for the consent referred to in subsection (1)(b) in that territory.

(3) The Secretary of State must serve notice on the person that he has received the request for consent, unless he is satisfied that it would not be practicable to do so.

(4) The Secretary of State must decide whether the offence is an extradition offence.

(5) If the Secretary of State decides the question in subsection (4) in the negative he must refuse his consent.

(6) If the Secretary of State decides that question in the affirmative he must decide whether the appropriate judge would send the case to him (for his decision whether the person was to be extradited) under sections 79 to 91 if—

(a) the person were in the United Kingdom, and

(b) the judge were required to proceed under section 79 in respect of the offence for which the Secretary of State’s consent is requested.

(7) If the Secretary of State decides the question in subsection (6) in the negative he must refuse his consent.

(8) If the Secretary of State decides that question in the affirmative he must decide whether, if the person were in the United Kingdom, his extradition in respect of the offence would be prohibited under section 94, 95 or 96.

(9) If the Secretary of State decides the question in subsection (8) in the affirmative he must refuse his consent.

(10) If the Secretary of State decides that question in the negative he may give his consent.

Commencement Information

I158 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

130 Consent to further extradition to category 2 territory U.K.

(1) This section applies if—

(a) a person is extradited to a category 2 territory (the requesting territory) in accordance with this Part;

(b) the Secretary of State receives a valid request for his consent to the person’s extradition to another category 2 territory for an offence other than the offence in respect of which he was extradited.

(2) A request for consent is valid if it is made by an authority which is an authority of the requesting territory and which the Secretary of State believes has the function of making requests for the consent referred to in subsection (1)(b) in that territory.

(3) The Secretary of State must serve notice on the person that he has received the request for consent, unless he is satisfied that it would not be practicable to do so.

(4) The Secretary of State must decide whether the offence is an extradition offence in relation to the category 2 territory referred to in subsection (1)(b).

(5) If the Secretary of State decides the question in subsection (4) in the negative he must refuse his consent.

(6) If the Secretary of State decides that question in the affirmative he must decide whether the appropriate judge would send the case to him (for his decision whether the person was to be extradited) under sections 79 to 91 if—

(a) the person were in the United Kingdom, and

(b) the judge were required to proceed under section 79 in respect of the offence for which the Secretary of State’s consent is requested.

(7) If the Secretary of State decides the question in subsection (6) in the negative he must refuse his consent.

(8) If the Secretary of State decides that question in the affirmative he must decide whether, if the person were in the United Kingdom, his extradition in respect of the offence would be prohibited under section 94, 95 or 96.

(9) If the Secretary of State decides the question in subsection (8) in the affirmative he must refuse his consent.

(10) If the Secretary of State decides that question in the negative he may give his consent.

Commencement Information

I159 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

131 Consent to further extradition to category 1 territory U.K.

(1) This section applies if—

(a) a person is extradited to a category 2 territory (the requesting territory) in accordance with this Part;

(b) the Secretary of State receives a valid request for his consent to the person’s extradition to a category 1 territory for an offence other than the offence in respect of which he was extradited.

(2) A request for consent is valid if it is made by an authority which is an authority of the requesting territory and which the Secretary of State believes has the function of making requests for the consent referred to in subsection (1)(b) in that territory.

(3) The Secretary of State must serve notice on the person that he has received the request for consent, unless he is satisfied that it would not be practicable to do so.

(4) The Secretary of State must decide whether the offence is an extradition offence within the meaning given by section 64 in relation to the category 1 territory.

(5) If the Secretary of State decides the question in subsection (4) in the negative he must refuse his consent.

(6) If the Secretary of State decides that question in the affirmative he must decide whether the appropriate judge would order the person’s extradition under sections 11 to 25 if—

(a) the person were in the United Kingdom, and

(b) the judge were required to proceed under section 11 in respect of the offence for which the Secretary of State’s consent is requested.

(7) If the Secretary of State decides the question in subsection (6) in the affirmative he must give his consent.

(8) If the Secretary of State decides that question in the negative he must refuse his consent.

Commencement Information

I160 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[F129 132 Return of person to serve remainder of sentence U.K.

(1) This section applies if—

(a) a person who is serving a sentence of imprisonment or another form of detention in the United Kingdom is extradited to a category 2 territory in accordance with this Part;

(b) the person is returned to the United Kingdom to serve the remainder of the sentence or the person otherwise returns to the United Kingdom.

(2) Time during which the person was outside the United Kingdom as a result of the extradition does not count as time served by the person as part of the sentence.

(3) But subsection (2) does not apply if—

(a) the person was extradited for the purpose of being prosecuted for an offence, and

(b) the person has not been convicted of the offence or of any other offence in respect of which the person was permitted to be dealt with in the category 2 territory.

(4) In a case falling within subsection (3), time during which the person was outside the United Kingdom as a result of the extradition counts as time served by the person as part of the sentence if (and only if) it was spent in custody in connection with the offence or any other offence in respect of which the person was permitted to be dealt with in the territory.

(5) In a case where the person is not entitled to be released from detention pursuant to the sentence—

(a) the person is liable to be detained in pursuance of the sentence, and

(b) if at large, the person must be treated as being unlawfully at large.

(6) In a case where the person is entitled to be released from detention on licence pursuant to the sentence—

(a) if the person was released on licence at the time of extradition, the licence is suspended until the person's return,

(b) if the person was not released on licence at that time, subsections (7) to (10) apply in relation to the person (“the offender”).

(7) The offender is liable to be detained, on return, in any place in which the offender could have been detained pursuant to the sentence before the time of extradition.

(8) A constable or immigration officer may—

(a) take the offender into custody, and

(b) convey the offender to the place mentioned in subsection (7).

(9) The offender must be released on licence within the period of 5 days beginning when the offender is taken (or retaken) into custody under this section.

(10) In calculating a period of 5 days for the purposes of subsection (9) no account is to be taken of any day mentioned in any of paragraphs (a) to (d) of section 59(10).

(11) A person is entitled to be released from detention if there is—

(a) a duty to release the person under section 33(1), (1A) or (2) of the Criminal Justice Act 1991,

(b) a duty to release the person under section 244 of the Criminal Justice Act 2003 (other than temporarily on licence pursuant to an intermittent custody order under section 183(1)(b) of the Criminal Justice Act 2003),

(c) a duty to release the person under section 1, 1AA or 7(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 or section 5, 11(2), 13, 19 or 23 of the Custodial Sentences and Weapons (Scotland) Act 2007, or

(d) a duty to release the person under section 1 of the Northern Ireland (Remission of Sentences) Act 1995, Article 26 of the Criminal Justice (Northern Ireland) Order 1996 or Article 17 or 18(8) of the Criminal Justice (Northern Ireland) Order 2008.

(12) The powers conferred on a constable by subsection (8) are exercisable in any part of the United Kingdom.

(13) An immigration officer is a person who is an immigration officer within the meaning of the Immigration Act 1971.F129 ]

Textual Amendments

F129 S. 132 substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 73, 116; S.I. 2009/3096, art. 3(p)

Commencement Information

I161 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Costs U.K.

Commencement Information

I162 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

133 Costs where extradition ordered U.K.

(1) This section applies if any of the following occurs in relation to a person whose extradition is requested under this Part—

(a) an order for the person’s extradition is made under this Part;

(b) the High Court dismisses an appeal under section 103 or 108;

(c) the High Court or the [F130 Supreme Court]F130 dismisses an application for leave to appeal to the [F130 Supreme Court]F130 under section 114, if the application is made by the person;

(d) the [F130 Supreme Court]F130 dismisses an appeal under section 114, if the appeal is brought by the person.

(2) In a case falling within subsection (1)(a), the appropriate judge may make such order as he considers just and reasonable with regard to the costs to be paid by the person.

(3) In a case falling within subsection (1)(b) by virtue of section 104(7), the judge who decides the question that is (or all the questions that are) the subject of a direction under section 104(1)(b) may make such order as he considers just and reasonable with regard to the costs to be paid by the person.

(4) In any other case falling within subsection (1)(b), the High Court may make such order as it considers just and reasonable with regard to the costs to be paid by the person.

(5) In a case falling within subsection (1)(c) or (d), the court by which the application or appeal is dismissed may make such order as it considers just and reasonable with regard to the costs to be paid by the person.

(6) An order for costs under this section—

(a) must specify their amount;

(b) may name the person to whom they are to be paid.

Textual Amendments

F130 Words in s. 133 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(4)(l); S.I. 2009/1604, art. 2(d)

Commencement Information

I163 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

134 Costs where discharge ordered U.K.

(1) This section applies if any of the following occurs in relation to a person whose extradition to a category 2 territory is requested under this Part—

(a) an order for the person’s discharge is made under this Part;

(b) the person is taken to be discharged under this Part;

(c) the High Court dismisses an appeal under section 105 or 110;

(d) the High Court or the [F131 Supreme Court]F131 dismisses an application for leave to appeal to the [F131 Supreme Court]F131 under section 114, if the application is made on behalf of the category 2 territory;

(e) the [F131 Supreme Court]F131 dismisses an appeal under section 114, if the appeal is brought on behalf of the category 2 territory.

(2) In a case falling within subsection (1)(a), an order under subsection (5) in favour of the person may be made by—

(a) the appropriate judge, if the order for the person’s discharge is made by him or by the Secretary of State;

(b) the High Court, if the order for the person’s discharge is made by it;

(c) the [F131 Supreme Court]F131 , if the order for the person’s discharge is made by it.

(3) In a case falling within subsection (1)(b), the appropriate judge may make an order under subsection (5) in favour of the person.

(4) In a case falling within subsection (1)(c), (d) or (e), the court by which the application or appeal is dismissed may make an order under subsection (5) in favour of the person.

(5) An order under this subsection in favour of a person is an order for a payment of the appropriate amount to be made to the person out of money provided by Parliament.

(6) The appropriate amount is such amount as the judge or court making the order under subsection (5) considers reasonably sufficient to compensate the person in whose favour the order is made for any expenses properly incurred by him in the proceedings under this Part.

(7) But if the judge or court making an order under subsection (5) is of the opinion that there are circumstances which make it inappropriate that the person in whose favour the order is made should recover the full amount mentioned in subsection (6), the judge or court must—

(a) assess what amount would in his or its opinion be just and reasonable;

(b) specify that amount in the order as the appropriate amount.

(8) Unless subsection (7) applies, the appropriate amount—

(a) must be specified in the order, if the court considers it appropriate for it to be so specified and the person in whose favour the order is made agrees the amount;

(b) must be determined in accordance with regulations made by the Lord Chancellor for the purposes of this section, in any other case.

Textual Amendments

F131 Words in s. 134 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(4)(m); S.I. 2009/1604, art. 2(d)

Commencement Information

I164 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

135 Costs where discharge ordered: supplementary U.K.

(1) In England and Wales, subsections (1) and (3) of section 20 of the Prosecution of Offences Act 1985 (c. 23) (regulations for carrying Part 2 of that Act into effect) apply in relation to section 134 as those subsections apply in relation to Part 2 of that Act.

(2) As so applied those subsections have effect as if an order under section 134(5) were an order under Part 2 of that Act for a payment to be made out of central funds.

(3) In Northern Ireland, section 7 of the Costs in Criminal Cases Act (Northern Ireland) 1968 (c. 10) (rules relating to costs) applies in relation to section 134 as that section applies in relation to sections 2 to 5 of that Act.

Commencement Information

I165 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Repatriation cases U.K.

Commencement Information

I166 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

136 Persons serving sentences outside territory where convicted U.K.

(1) This section applies if—

(a) a request is made for a person’s extradition to a category 2 territory and the request contains the statement referred to in subsection (2), or

(b) a provisional warrant for a person’s arrest is sought on behalf of a category 2 territory and the information laid before the justice contains the statement referred to in subsection (2).

(2) The statement is one that the person—

(a) is alleged to be unlawfully at large from a prison in one territory (the imprisoning territory) in which he was serving a sentence after conviction of an offence specified in the request by a court in another territory (the convicting territory), and

(b) was serving the sentence in pursuance of international arrangements for prisoners sentenced in one territory to be repatriated to another territory in order to serve their sentence.

(3) If the category 2 territory is either the imprisoning territory or the convicting territory—

(a) section 70(3) has effect as if the reference to the statement referred to in subsection (4) of that section were a reference to the statement referred to in subsection (2) of this section;

(b) section 73(1) has effect as if the reference to a person within subsection (2) of that section were a reference to the person referred to in subsection (1)(b) of this section.

(4) If the category 2 territory is the imprisoning territory—

(a) sections 71(2)(a), 73(3)(a) and 78(4)(b) have effect as if “an extradition offence” read “ an extradition offence in relation to the convicting territory ”;

(b) sections 74(8)(a) and 127(2) have effect as if “the category 2 territory in which he is accused of the commission of an offence or is alleged to have been convicted of an offence” read “ the imprisoning territory ”;

(c) section 74(11)(b) has effect as if “the category 2 territory” read “ the imprisoning territory ”;

(d) section 78(2)(e) has effect as if “the category 2 territory” read “ the convicting territory ”;

(e) section 85(5) has effect as if after “entitled” there were inserted “ in the convicting territory ”;

(f) section 119(4) has effect as if “a category 2 territory” read “ the convicting territory ” and as if “the category 2 territory” in both places read “ the convicting territory ”;

(g) section 138(1) has effect as if “a category 2 territory” read “ the convicting territory ”;

(h) in section 138, subsections (2), (3), (4), (5) and (7) have effect as if “the category 2 territory” read “ the convicting territory ”.

(5) Subsection (1)(b) applies to Scotland with the substitution of “ application by the procurator fiscal sets out the matters referred to in paragraphs (a) and (b) of subsection (2) ” for “information laid by the justice contains the statement referred to in subsection (2)”.

(6) Subsection (1)(b) applies to Northern Ireland with the substitution of “ the complaint made to ” for “the information laid before”.

Commencement Information

I167 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Interpretation U.K.

Commencement Information

I168 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

137 Extradition offences: person not sentenced for offence U.K.

(1) This section applies in relation to conduct of a person if—

(a) he is accused in a category 2 territory of the commission of an offence constituted by the conduct, or

(b) he is alleged to be unlawfully at large after conviction by a court in a category 2 territory of an offence constituted by the conduct and he has not been sentenced for the offence.

(2) The conduct constitutes an extradition offence in relation to the category 2 territory if these conditions are satisfied—

(a) the conduct occurs in the category 2 territory;

(b) the conduct would constitute an offence under the law of the relevant part of the United Kingdom punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment if it occurred in that part of the United Kingdom;

(c) the conduct is so punishable under the law of the category 2 territory (however it is described in that law).

(3) The conduct also constitutes an extradition offence in relation to the category 2 territory if these conditions are satisfied—

(a) the conduct occurs outside the category 2 territory;

(b) the conduct is punishable under the law of the category 2 territory with imprisonment or another form of detention for a term of 12 months or a greater punishment (however it is described in that law);

(c) in corresponding circumstances equivalent conduct would constitute an extra-territorial offence under the law of the relevant part of the United Kingdom punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment.

(4) The conduct also constitutes an extradition offence in relation to the category 2 territory if these conditions are satisfied—

(a) the conduct occurs outside the category 2 territory and no part of it occurs in the United Kingdom;

(b) the conduct would constitute an offence under the law of the relevant part of the United Kingdom punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment if it occurred in that part of the United Kingdom;

(c) the conduct is so punishable under the law of the category 2 territory (however it is described in that law).

(5) The conduct also constitutes an extradition offence in relation to the category 2 territory if these conditions are satisfied—

(a) the conduct occurs outside the category 2 territory and no part of it occurs in the United Kingdom;

(b) the conduct is punishable under the law of the category 2 territory with imprisonment for a term of 12 months or another form of detention or a greater punishment (however it is described in that law);

(c) the conduct constitutes or if committed in the United Kingdom would constitute an offence mentioned in subsection (6).

(6) The offences are—

(a) an offence under section 51 or 58 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity and war crimes);

(b) an offence under section 52 or 59 of that Act (conduct ancillary to genocide etc. committed outside the jurisdiction);

(c) an ancillary offence, as defined in section 55 or 62 of that Act, in relation to an offence falling within paragraph (a) or (b);

(d) an offence under section 1 of the International Criminal Court (Scotland) Act 2001 (asp 13) (genocide, crimes against humanity and war crimes);

(e) an offence under section 2 of that Act (conduct ancillary to genocide etc. committed outside the jurisdiction);

(f) an ancillary offence, as defined in section 7 of that Act, in relation to an offence falling within paragraph (d) or (e).

(7) If the conduct constitutes an offence under the military law of the category 2 territory but does not constitute an offence under the general criminal law of the relevant part of the United Kingdom it does not constitute an extradition offence; and subsections (1) to (6) have effect subject to this.

(8) The relevant part of the United Kingdom is the part of the United Kingdom in which—

(a) the extradition hearing took place, if the question of whether conduct constitutes an extradition offence is to be decided by the Secretary of State;

(b) proceedings in which it is necessary to decide that question are taking place, in any other case.

(9) Subsections (1) to (7) apply for the purposes of this Part.

Commencement Information

I169 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

138 Extradition offences: person sentenced for offence U.K.

(1) This section applies in relation to conduct of a person if—

(a) he is alleged to be unlawfully at large after conviction by a court in a category 2 territory of an offence constituted by the conduct, and

(b) he has been sentenced for the offence.

(2) The conduct constitutes an extradition offence in relation to the category 2 territory if these conditions are satisfied—

(a) the conduct occurs in the category 2 territory;

(b) the conduct would constitute an offence under the law of the relevant part of the United Kingdom punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment if it occurred in that part of the United Kingdom;

(c) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 2 territory in respect of the conduct.

(3) The conduct also constitutes an extradition offence in relation to the category 2 territory if these conditions are satisfied—

(a) the conduct occurs outside the category 2 territory;

(b) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 2 territory in respect of the conduct;

(c) in corresponding circumstances equivalent conduct would constitute an extra-territorial offence under the law of the relevant part of the United Kingdom punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment.

(4) The conduct also constitutes an extradition offence in relation to the category 2 territory if these conditions are satisfied—

(a) the conduct occurs outside the category 2 territory and no part of it occurs in the United Kingdom;

(b) the conduct would constitute an offence under the law of the relevant part of the United Kingdom punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment if it occurred in that part of the United Kingdom;

(c) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 2 territory in respect of the conduct.

(5) The conduct also constitutes an extradition offence in relation to the category 2 territory if these conditions are satisfied—

(a) the conduct occurs outside the category 2 territory and no part of it occurs in the United Kingdom;

(b) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 2 territory in respect of the conduct;

(c) the conduct constitutes or if committed in the United Kingdom would constitute an offence mentioned in subsection (6).

(6) The offences are—

(a) an offence under section 51 or 58 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity and war crimes);

(b) an offence under section 52 or 59 of that Act (conduct ancillary to genocide etc. committed outside the jurisdiction);

(c) an ancillary offence, as defined in section 55 or 62 of that Act, in relation to an offence falling within paragraph (a) or (b);

(d) an offence under section 1 of the International Criminal Court (Scotland) Act 2001 (asp 13) (genocide, crimes against humanity and war crimes);

(e) an offence under section 2 of that Act (conduct ancillary to genocide etc. committed outside the jurisdiction);

(f) an ancillary offence, as defined in section 7 of that Act, in relation to an offence falling within paragraph (d) or (e).

(7) If the conduct constitutes an offence under the military law of the category 2 territory but does not constitute an offence under the general criminal law of the relevant part of the United Kingdom it does not constitute an extradition offence; and subsections (1) to (6) have effect subject to this.

(8) The relevant part of the United Kingdom is the part of the United Kingdom in which—

(a) the extradition hearing took place, if the question of whether conduct constitutes an extradition offence is to be decided by the Secretary of State;

(b) proceedings in which it is necessary to decide that question are taking place, in any other case.

(9) Subsections (1) to (7) apply for the purposes of this Part.

Commencement Information

I170 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

139 The appropriate judge U.K.

(1) The appropriate judge is—

(a) in England and Wales, a District Judge (Magistrates' Courts) designated for the purposes of this Part [F132 by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor]F132 ;

(b) in Scotland, the sheriff of Lothian and Borders;

(c) in Northern Ireland, such county court judge or resident magistrate as is designated for the purposes of this Part by the [F133 Lord Chief Justice of Northern Ireland after consulting the Lord Chancellor]F133 .

(2) A designation under subsection (1) may be made for all cases or for such cases (or cases of such description) as the designation stipulates.

(3) More than one designation may be made under subsection (1).

[F134 (3A) The use of the expression “the judge” in a section containing a previous reference to “the appropriate judge” or “the judge” does not in itself require both references to be read as referring to the same individual.]

F134 (4) This section applies for the purposes of this Part.

[F135 (5) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1)(a).

(6) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (1)(c)—

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b) a Lord Justice of Appeal (as defined in section 88 of that Act).F135 ]

Textual Amendments

F132 Words in s. 139(1)(a) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 354(2); S.I. 2006/1014, art. 2(a) Sch. 1 paras. 10, 11(cc)

F133 Words in s. 139(1)(c) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 354(3); S.I. 2006/1014, art. 2(a) Sch. 1 paras. 10, 11(cc)

F134 S. 139(3A) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 15(1); S.I. 2006/3364, art. 2(d)(e)

F135 S. 139(5)(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 354(4); S.I. 2006/1014, art. 2(a) Sch. 1 paras. 10, 11(cc)

Commencement Information

I171 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

140 The extradition hearing U.K.

(1) The extradition hearing is the hearing at which the appropriate judge is to deal with a request for extradition to a category 2 territory.

(2) This section applies for the purposes of this Part.

Commencement Information

I172 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[F136 140A Unlawfully at large U.K.

(1) A person is alleged to be unlawfully at large after conviction of an offence if—

(a) he is alleged to have been convicted of it, and

(b) his extradition is sought for the purpose of his being sentenced for the offence or of his serving a sentence of imprisonment or another form of detention imposed in respect of the offence.

(2) This section applies for the purposes of this Part, other than sections 82 and 136.]

Textual Amendments

F136 S. 140A inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 2(4); S.I. 2006/3364, art. 2(d)(e)

141 Scotland: references to Secretary of State U.K.

(1) This Part applies in relation to any function which falls under this Part to be exercised in relation to Scotland only as if references in this Part to the Secretary of State were to the Scottish Ministers.

(2) Subsection (1) does not apply to the references to the Secretary of State [F137 in paragraph (b) of section 70(2), in paragraph (c) of section 93(4) and]F137 in sections 83(3), 101(5) and 121.

Textual Amendments

F137 Words in s. 141(2) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 20; S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I173 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Part 3 U.K. Extradition to the United Kingdom

Commencement Information

I174 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Extradition from category 1 territories U.K.

Commencement Information

I175 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

142 Issue of Part 3 warrant U.K.

(1) The appropriate judge may issue a Part 3 warrant in respect of a person if—

(a) a constable or an appropriate person applies to the judge for a Part 3 warrant, and

(b) the condition in subsection (2) [F138 , or the condition in subsection (2A),]F138 is satisfied.

[F139 (2) The condition is that—

(a) there are reasonable grounds for believing that the person has committed an extradition offence, and

(b) a domestic warrant has been issued in respect of the person.

(2A) The condition is that—

(a) there are reasonable grounds for believing that the person is unlawfully at large after conviction of an extradition offence by a court in the United Kingdom, and

(b) either a domestic warrant has been issued in respect of the person or the person may (if unlawfully at large as mentioned in paragraph (a)) be arrested without a warrant.]

F139 (3) A Part 3 warrant is an arrest warrant which contains—

(a) the statement referred to in subsection (4) or the statement referred to in subsection (5), and

(b) the certificate referred to in subsection (6).

(4) The statement is one that—

(a) the person in respect of whom the warrant is issued is accused in the United Kingdom of the commission of an extradition offence specified in the warrant, and

(b) the warrant is issued with a view to his arrest and extradition to the United Kingdom for the purpose of being prosecuted for the offence.

(5) The statement is one that—

(a) the person in respect of whom the warrant is issued [F140 has been convicted]F140 of an extradition offence specified in the warrant by a court in the United Kingdom, and

(b) the warrant is issued with a view to his arrest and extradition to the United Kingdom for the purpose of being sentenced for the offence or of serving a sentence of imprisonment or another form of detention imposed in respect of the offence.

(6) The certificate is one certifying—

(a) whether the conduct constituting the extradition offence specified in the warrant falls within the European framework list;

(b) whether the offence is an extra-territorial offence;

(c) what is the maximum punishment that may be imposed on conviction of the offence or (if the person has been sentenced for the offence) what sentence has been imposed.

(7) The conduct which falls within the European framework list must be taken for the purposes of subsection (6)(a) to include conduct which constitutes—

(a) an attempt, conspiracy or incitement to carry out conduct falling within the list, or

(b) aiding, abetting, counselling or procuring the carrying out of conduct falling within the list.

[F141 (8) A domestic warrant is a warrant for the arrest or apprehension of a person which is issued under any of the provisions referred to in subsection (8A), or at common law by a Crown Court judge in Northern Ireland.

(8A) The provisions are—

(a) section 72 of the Criminal Justice Act 1967;

(b) section 7 of the Bail Act 1976;

(c) section 51 of the Judicature (Northern Ireland) Act 1978;

(d) section 1 of the Magistrates' Courts Act 1980;

(e) Article 20 or 25 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26));

(f) the Criminal Procedure (Scotland) Act 1995.]

F141 (9) An appropriate person is a person of a description specified in an order made by the Secretary of State for the purposes of this section.

(10) Subsection (1)(a) applies to Scotland with the substitution of “ a procurator fiscal ” for “a constable or an appropriate person”.

Textual Amendments

F138 Words in s. 142(1)(b) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 21(1); S.I. 2006/3364, art. 2(d)(e)

F139 S. 142(2)(2A) substituted (15.1.2007) for s. 142(2) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 21(2); S.I. 2006/3364, art. 2(d)(e)

F140 Words in s. 142(5)(a) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 1(3); S.I. 2006/3364, art. 2(d)(e)

F141 S. 142(8)(8A) substituted (15.1.2007) for s. 142(8) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 22; S.I. 2006/3364, art. 2(d)(e)

Modifications etc. (not altering text)

C1 S. 142(7)(a) modified (E.W.N.I.) (1.10.2008) by Serious Crime Act 2007 (c. 27) , ss. 62(2), 94, Sch. 6 para. 46 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)

Commencement Information

I176 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103 , art. 2 (subject to arts. 3-5 ) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

143 Undertaking in relation to person serving sentence U.K.

F142 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F142 S. 143 repealed (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 74(2), 112, 116, Sch. 8 Pt. 6; S.I. 2009/3096, art. 3(q)(y) (with art. 4)

144 Return to extraditing territory to serve sentence U.K.

F143 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F143 S. 144 repealed (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 74(2), 112, 116, Sch. 8 Pt. 6; S.I. 2009/3096, art. 3(q)(y) (with art. 4)

145 Service of sentence in territory executing Part 3 warrant U.K.

(1) This section applies if—

(a) a Part 3 warrant is issued in respect of a person;

(b) the certificate contained in the warrant certifies that a sentence has been imposed;

(c) an undertaking is given on behalf of a category 1 territory that the person will be required to serve the sentence in the territory;

(d) on the basis of the undertaking the person is not extradited to the United Kingdom from the category 1 territory.

(2) The [F144 sentence for the offence must be treated as served]F144 but the person’s conviction for the offence must be treated as a conviction for all other purposes.

Textual Amendments

F144 Words in s. 145(2) substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 75(2), 116, ; S.I. 2009/3096, art. 3(r)

Commencement Information

I177 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

146 Dealing with person for other offences U.K.

(1) This section applies if a person is extradited to the United Kingdom from a category 1 territory in pursuance of a Part 3 warrant.

(2) The person may be dealt with in the United Kingdom for an offence committed before his extradition only if—

(a) the offence is one falling within subsection (3), or

(b) the condition in subsection (4) is satisfied.

(3) The offences are—

(a) the offence in respect of which the person is extradited;

(b) an offence disclosed by the information provided to the category 1 territory in respect of that offence;

(c) an extradition offence in respect of which consent to the person being dealt with is given on behalf of the territory [F145 in response to a request made by the appropriate judge]F145 ;

(d) an offence which is not punishable with imprisonment or another form of detention;

(e) an offence in respect of which the person will not be detained in connection with his trial, sentence or appeal;

(f) an offence in respect of which the person waives the right that he would have (but for this paragraph) not to be dealt with for the offence.

(4) The condition is that the person has been given an opportunity to leave the United Kingdom and—

(a) he has not done so before the end of the permitted period, or

(b) he has done so before the end of the permitted period and has returned to the United Kingdom.

(5) The permitted period is 45 days starting with the day on which the person arrives in the United Kingdom.

Textual Amendments

F145 Words in s. 146(3)(c) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 23; S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I178 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

147 Effect of consent to extradition to the United Kingdom U.K.

(1) This section applies if—

(a) a person is extradited to the United Kingdom from a category 1 territory in pursuance of a Part 3 warrant;

(b) the person consented to his extradition to the United Kingdom in accordance with the law of the category 1 territory.

(2) Section 146(2) does not apply if the conditions in subsection (3) or the conditions in subsection (4) are satisfied.

(3) The conditions are that—

(a) under the law of the category 1 territory, the effect of the person’s consent is to waive his right under section 146(2);

(b) the person has not revoked his consent in accordance with that law, if he is permitted to do so under that law.

(4) The conditions are that—

(a) under the law of the category 1 territory, the effect of the person’s consent is not to waive his right under section 146(2);

(b) the person has expressly waived his right under section 146(2) in accordance with that law;

(c) the person has not revoked his consent in accordance with that law, if he is permitted to do so under that law;

(d) the person has not revoked the waiver of his right under section 146(2) in accordance with that law, if he is permitted to do so under that law.

Commencement Information

I179 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

148 Extradition offences U.K.

(1) Conduct constitutes an extradition offence in relation to the United Kingdom if these conditions are satisfied—

(a) the conduct occurs in the United Kingdom;

(b) the conduct is punishable under the law of the relevant part of the United Kingdom with imprisonment or another form of detention for a term of 12 months or a greater punishment.

(2) Conduct also constitutes an extradition offence in relation to the United Kingdom if these conditions are satisfied—

(a) the conduct occurs outside the United Kingdom;

(b) the conduct constitutes an extra-territorial offence punishable under the law of the relevant part of the United Kingdom with imprisonment or another form of detention for a term of 12 months or a greater punishment.

(3) But subsections (1) and (2) do not apply in relation to conduct of a person if—

(a) he [F146 has been convicted]F146 by a court in the United Kingdom of the offence constituted by the conduct, and

(b) he has been sentenced for the offence.

(4) Conduct also constitutes an extradition offence in relation to the United Kingdom if these conditions are satisfied—

(a) the conduct occurs in the United Kingdom;

(b) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the United Kingdom in respect of the conduct.

(5) Conduct also constitutes an extradition offence in relation to the United Kingdom if these conditions are satisfied—

(a) the conduct occurs outside the United Kingdom;

(b) the conduct constitutes an extra-territorial offence;

(c) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the United Kingdom in respect of the conduct.

(6) The relevant part of the United Kingdom is the part of the United Kingdom in which the relevant proceedings are taking place.

(7) The relevant proceedings are the proceedings in which it is necessary to decide whether conduct constitutes an extradition offence.

(8) Subsections (1) to (5) apply for the purposes of sections 142 to 147.

Textual Amendments

F146 Words in s. 148(3)(a) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 2(6); S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I180 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

149 The appropriate judge U.K.

(1) The appropriate judge is—

(a) in England and Wales, a District Judge (Magistrates' Courts), a justice of the peace or a judge entitled to exercise the jurisdiction of the Crown Court;

(b) in Scotland, a sheriff;

(c) in Northern Ireland, a justice of the peace, a resident magistrate or a Crown Court judge.

(2) This section applies for the purposes of sections 142 to 147.

Commencement Information

I181 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Extradition from category 2 territories U.K.

Commencement Information

I182 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

150 Dealing with person for other offences: Commonwealth countries etc. U.K.

(1) This section applies if—

(a) a person is extradited to the United Kingdom from a category 2 territory under law of the territory corresponding to Part 2 of this Act, and

(b) the territory is a Commonwealth country, a British overseas territory or the Hong Kong Special Administrative Region of the People’s Republic of China.

(2) The person may be dealt with in the United Kingdom for an offence committed before his extradition only if—

(a) the offence is one falling within subsection (3), or

(b) the condition in subsection (6) is satisfied.

(3) The offences are—

(a) the offence in respect of which the person is extradited;

(b) a lesser offence disclosed by the information provided to the category 2 territory in respect of that offence;

(c) an offence in respect of which consent to the person being dealt with is given by or on behalf of the relevant authority.

(4) An offence is a lesser offence in relation to another offence if the maximum punishment for it is less severe than the maximum punishment for the other offence.

(5) The relevant authority is—

(a) if the person has been extradited from a Commonwealth country, the government of the country;

(b) if the person has been extradited from a British overseas territory, the person administering the territory;

(c) if the person has been extradited from the Hong Kong Special Administrative Region of the People’s Republic of China, the government of the Region.

(6) The condition is that the protected period has ended.

(7) The protected period is 45 days starting with the first day after his extradition to the United Kingdom on which the person is given an opportunity to leave the United Kingdom.

(8) A person is dealt with in the United Kingdom for an offence if—

(a) he is tried there for it;

(b) he is detained with a view to trial there for it.

Commencement Information

I183 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

151 Dealing with person for other offences: other category 2 territories U.K.

F147 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F147 S. 151 repealed (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 76(2), 112, 116, Sch. 8 Pt. 6; S.I. 2009/3096, art. 3(s)(y) (with art. 4)

General U.K.

Commencement Information

I184 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[F148 151A Dealing with person for other offences U.K.

(1) This section applies if a person is extradited to the United Kingdom from a territory which is not—

(a) a category 1 territory, or

(b) a territory falling within section 150(1)(b).

(2) The person may be dealt with in the United Kingdom for an offence committed before the person's extradition only if—

(a) the offence is one falling within subsection (3), or

(b) the condition in subsection (4) is satisfied.

(3) The offences are—

(a) the offence in respect of which the person is extradited;

(b) an offence disclosed by the information provided to the territory in respect of that offence;

(c) an offence in respect of which consent to the person being dealt with is given on behalf of the territory.

(4) The condition is that—

(a) the person has returned to the territory from which the person was extradited, or

(b) the person has been given an opportunity to leave the United Kingdom.

(5) A person is dealt with in the United Kingdom for an offence if—

(a) the person is tried there for it;

(b) the person is detained with a view to trial there for it.]

Textual Amendments

F148 S. 151A inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 76(3), 116; S.I. 2009/3096, art. 3(s) (with art. 4)

152 Remission of punishment for other offences U.K.

(1) This section applies if—

(a) a person is extradited to the United Kingdom [F149 from a territory;F149 ]

(b) before his extradition he has been convicted of an offence in the United Kingdom;

(c) he has not been extradited in respect of that offence.

(2) The [F150 sentence for the offence must be treated as served]F150 but the person’s conviction for the offence must be treated as a conviction for all other purposes.

Textual Amendments

F149 Words in s. 152(1)(a) substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 75(3)(a), 116; S.I. 2009/3096, art. 3(r)

F150 Words in s. 152(2) substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 75(3)(b), 116; S.I. 2009/3096, art. 3(r)

Commencement Information

I185 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

153 Return of person acquitted or not tried U.K.

(1) This section applies if—

(a) a person is accused in the United Kingdom of the commission of an offence;

(b) the person is extradited to the United Kingdom in respect of the offence [F151 from a territory;F151 ]

(c) the condition in subsection (2) or the condition in subsection (3) is satisfied.

(2) The condition is that—

(a) proceedings against the person for the offence are not begun before the end of the required period, which is 6 months starting with the day on which the person arrives in the United Kingdom on his extradition, and

(b) before the end of the period of 3 months starting immediately after the end of the required period the person asks the Secretary of State to return him to the territory from which he was extradited.

(3) The condition is that—

(a) at his trial for the offence the person is acquitted or is discharged under any of the provisions specified in subsection (4), and

(b) before the end of the period of 3 months starting immediately after the date of his acquittal or discharge the person asks the Secretary of State to return him to the territory from which he was extradited.

(4) The provisions are—

(a) section 12(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6);

(b) section 246(1), (2) or (3) of the Criminal Procedure (Scotland) Act 1995 (c. 46);

(c) Article 4(1) of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)).

(5) The Secretary of State must arrange for him to be sent back, free of charge and with as little delay as possible, to the territory from which he was extradited to the United Kingdom in respect of the offence.

(6) If the accusation in subsection (1)(a) relates to the commission of an offence in Scotland, subsections (2)(b), (3)(b) and (5) apply as if the references to the Secretary of State were references to the Scottish Ministers.

Textual Amendments

F151 Words in s. 153(1)(b) substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 74(4), 116; S.I. 2009/3096, art. 3(q)

Commencement Information

I186 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[F152 153A Undertaking in relation to person serving sentence U.K.

(1) This section applies if—

(a) a person is accused in the United Kingdom of the commission of an offence or has been convicted of an offence by or before a court in the United Kingdom;

(b) a Part 3 warrant is issued in respect of the person or the Secretary of State makes a request for the extradition of the person;

(c) the person is serving a sentence of imprisonment or another form of detention in a territory;

(d) the person's extradition to the United Kingdom from the territory in pursuance of the warrant or request is made subject to a condition that an undertaking is given by or on behalf of the United Kingdom with regard to the person's treatment in the United Kingdom or return to the territory (or both).

(2) The Secretary of State may give an undertaking to a person acting on behalf of the territory with regard to either or both of these things—

(a) the treatment in the United Kingdom of the person in respect of whom the warrant is issued or the request for extradition is made;

(b) the return of that person to the territory.

(3) The terms which may be included by the Secretary of State in an undertaking given under subsection (2) in relation to a person accused in the United Kingdom of the commission of an offence include terms—

(a) that the person be kept in custody until the conclusion of the proceedings against the person for the offence and any other offence in respect of which the person is permitted to be dealt with in the United Kingdom;

(b) that the person be returned to the territory to serve the remainder of the sentence on the conclusion of those proceedings.

(4) The terms which may be included by the Secretary of State in an undertaking given under subsection (2) in relation to a person who has been convicted of an offence by or before a court in the United Kingdom include terms that the person be returned to the territory to serve the remainder of the sentence after the person would otherwise be released from detention pursuant to the sentence imposed in the United Kingdom (whether or not on licence).

(5) If a person is to be returned to a territory by virtue of an undertaking given under subsection (2), the undertaking is sufficient authority for a constable—

(a) to remove the person from any prison or other institution where the person is detained;

(b) to keep the person in custody until returned;

(c) to convey the person to the territory.

Textual Amendments

F152 Ss. 153A-153D inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 74(3), 116; S.I. 2009/3096, art. 3(q)

153B Return of person in pursuance of undertaking U.K.

(1) This section applies if—

(a) an undertaking is given under section 153A(2) as to the return of a person to a territory;

(b) the person is returned to the territory in pursuance of the undertaking;

(c) the person is returned to the United Kingdom to serve the remainder of any sentence imposed in the United Kingdom or the person otherwise returns to the United Kingdom.

(2) Time during which the person was outside the United Kingdom as a result of the undertaking given under section 153A(2) does not count as time served by the person as part of the sentence.

(3) If the person is not entitled to be released from detention pursuant to the sentence—

(a) the person is liable to be detained in pursuance of the sentence, and

(b) if at large, the person must be treated as being unlawfully at large.

(4) If the person is entitled to be released from detention on licence pursuant to the sentence—

(a) if the person was released on licence at the time of return to the territory, the licence is suspended until the person's return to the United Kingdom;

(b) if the person was not released on licence at that time, subsections (5) to (8) apply in relation to the person (“the offender”).

(5) The offender is liable to be detained, on return to the United Kingdom, in any place in which the offender could have been detained pursuant to the sentence before the time of return to the territory.

(6) A constable or immigration officer may—

(a) take the offender into custody, and

(b) convey the offender to the place mentioned in subsection (5).

(7) The offender must be released on licence within the period of 5 days beginning when the offender is taken (or retaken) into custody under this section.

(8) In calculating a period of 5 days for the purposes of subsection (7) no account is to be taken of any day mentioned in any of paragraphs (a) to (d) of section 59(10).

(9) The powers conferred on a constable by subsection (6) are exercisable in any part of the United Kingdom.

(10) For the purposes of this section—

(a) a person is entitled to be released from detention if there is—

(i) a duty to release the person under section 33(1), (1A) or (2) of the Criminal Justice Act 1991,

(ii) a duty to release the person under section 244 of the Criminal Justice Act 2003 (other than temporarily on licence pursuant to an intermittent custody order under section 183(1)(b) of the Criminal Justice Act 2003),

(iii) a duty to release the person under section 1, 1AA or 7(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 or section 5, 11(2), 13, 19 or 23 of the Custodial Sentences and Weapons (Scotland) Act 2007, or

(iv) a duty to release the person under section 1 of the Northern Ireland (Remission of Sentences) Act 1995, Article 26 of the Criminal Justice (Northern Ireland) Order 1996 or Article 17 or 18(8) of the Criminal Justice (Northern Ireland) Order 2008;

(b) an immigration officer is a person who is an immigration officer within the meaning of the Immigration Act 1971.

Textual Amendments

F152 Ss. 153A-153D inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 74(3), 116; S.I. 2009/3096, art. 3(q)

153C Return to extraditing territory to serve sentence U.K.

(1) This section applies if—

(a) a person is extradited to the United Kingdom from a territory for the purposes of being prosecuted for an offence;

(b) the person's extradition is made subject to a condition that an undertaking is given by or on behalf of the United Kingdom as to the person's return to the territory.

(2) The Secretary of State may give an undertaking to a person acting on behalf of the territory as to the person's return to the territory.

(3) The terms which may be included by the Secretary of State in an undertaking given under subsection (2) in relation to a person include terms that if the person is convicted of the offence and a sentence of imprisonment or another form of detention is imposed in respect of it, the person is to be returned to the territory to serve the sentence.

(4) A person who is to be returned to a territory by virtue of an undertaking given under subsection (2) must be returned as soon as is reasonably practicable after the sentence is imposed and any other proceedings in respect of the offence are concluded.

(5) If subsection (4) is complied with the sentence for the offence is treated as served but the person's conviction for the offence must be treated as a conviction for all other purposes.

(6) The sentence for the offence is treated as served under subsection (5) only in so far as it consists of the sentence of imprisonment or another form of detention mentioned in subsection (3).

(7) Subsection (8) applies if—

(a) subsection (4) is not complied with, and

(b) the person applies to the court which imposed the sentence to expedite return to the territory.

(8) The court must order return by such date as is specified in the order unless reasonable cause is shown for the delay.

(9) If a person is to be returned by virtue of an undertaking given under subsection (2), a constable may—

(a) remove the person from any prison or other institution where the person is detained;

(b) keep the person in custody until returned;

(c) convey the person to the territory to which the person is to be returned.

Textual Amendments

F152 Ss. 153A-153D inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 74(3), 116; S.I. 2009/3096, art. 3(q)

153D Sections 153A and 153C etc: supplementary U.K.

(1) Nothing in section 153A or 153C requires the return of a person to a territory in a case in which the Secretary of State is not satisfied that the return is compatible with the Convention rights within the meaning of the Human Rights Act 1998 or with the United Kingdom's obligations under the Refugee Convention.

(2) References in sections 153A and 153C and subsection (1) above to the Secretary of State are to be read as references to the Scottish Ministers in a case in which—

(a) a Part 3 warrant was issued in respect of the person to be returned, and

(b) the warrant was issued by a sheriff.

(3) The reference in subsection (1) to the Refugee Convention is to the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol to the Convention.]

Textual Amendments

F152 Ss. 153A-153D inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 74(3), 116; S.I. 2009/3096, art. 3(q)

154 Restriction on bail where undertaking given by Secretary of State E+W

(1) This section applies in relation to a person if—

(a) the Secretary of State has given an undertaking in connection with the person’s extradition to the United Kingdom, and

(b) the undertaking includes terms that the person be kept in custody until the conclusion of any proceedings against him in the United Kingdom for an offence.

(2) A court, judge or justice of the peace may grant bail to the person in the proceedings only if the court, judge or justice of the peace considers that there are exceptional circumstances which justify it.

Commencement Information

I187 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

155 Service personnel U.K.

The Secretary of State may by order provide for the preceding provisions of this Part to have effect with specified modifications in relation to a case where the person whose extradition is sought or ordered is subject to [F153 service law.]F153 .

Textual Amendments

F153 Words in s. 155 substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 204; S.I. 2009/812, art. 3 (with transitional provisions (24.4.2009 for certain purposes otherwise 31.10.2009) in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I188 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[F154 155A Category 1 territories not applying framework decision to old cases U.K.

(1) This section applies to a category 1 territory that deals with European extradition requests otherwise than in accordance with the system provided for in the European framework decision if they relate to acts committed before a particular date (“the relevant date”).

(2) In the case of a territory to which this section applies, the Secretary of State has the same powers to request a person's extradition in relation to acts committed before the relevant date as he would have in the case of a category 2 territory.

(3) The Secretary of State may by order provide that, in the case of an extradition request which—

(a) is made to a specified category 1 territory to which this section applies, and

(b) relates to acts committed before the relevant date,

this Part is to have effect as if that territory were a category 2 territory, and with such modifications as may be specified.

(4) In this section—

• “European extradition request” means a request for extradition made by the United Kingdom or a category 1 territory;

• “European framework decision” means the framework decision of the Council of the European Union made on 13 June 2002 on the European arrest warrant and the surrender procedures between member states (2002/584/JHA);

• “specified”, in relation to an order under this section, means specified in the order.]

Textual Amendments

F154 S. 155A inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 24; S.I. 2006/3364, art. 2(d)(e)

Part 4 U.K. Police powers

Commencement Information

I189 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Warrants and orders U.K.

Commencement Information

I190 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

156 Search and seizure warrants U.K.

(1) A justice of the peace may, on an application made to him by a constable, issue a search and seizure warrant if he is satisfied that the requirements for the issue of a search and seizure warrant are fulfilled.

(2) The application for a search and seizure warrant must state that—

(a) the extradition of a person specified in the application is sought under Part 1 or Part 2;

(b) the warrant is sought in relation to premises specified in the application;

(c) the warrant is sought in relation to material, or material of a description, specified in the application;

(d) that material, or material of that description, is believed to be on the premises.

(3) If the application states that the extradition of the person is sought under Part 1, the application must also state that the person is accused in a category 1 territory specified in the application of the commission of an offence—

(a) which is specified in the application, and

(b) which is an extradition offence within the meaning given by section 64.

(4) If the application states that the extradition of the person is sought under Part 2, the application must also state that the person is accused in a category 2 territory specified in the application of the commission of an offence—

(a) which is specified in the application, and

(b) which is an extradition offence within the meaning given by section 137.

(5) A search and seizure warrant is a warrant authorising a constable—

(a) to enter and search the premises specified in the application for the warrant, and

(b) to seize and retain any material found there which falls within subsection (6).

(6) Material falls within this subsection if—

(a) it would be likely to be admissible evidence at a trial in the relevant part of the United Kingdom for the offence specified in the application for the warrant (on the assumption that conduct constituting that offence would constitute an offence in that part of the United Kingdom), and

(b) it does not consist of or include items subject to legal privilege, excluded material or special procedure material.

(7) The relevant part of the United Kingdom is the part of the United Kingdom where the justice of the peace exercises jurisdiction.

(8) The requirements for the issue of a search and seizure warrant are that there are reasonable grounds for believing that—

(a) the offence specified in the application has been committed by the person so specified;

(b) the person is in the United Kingdom or is on his way to the United Kingdom;

(c) the offence is an extradition offence within the meaning given by section 64 (if subsection (3) applies) or section 137 (if subsection (4) applies);

(d) there is material on premises specified in the application which falls within subsection (6);

(e) any of the conditions referred to in subsection (9) is satisfied.

(9) The conditions are—

(a) that it is not practicable to communicate with a person entitled to grant entry to the premises;

(b) that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with a person entitled to grant access to the material referred to in subsection (8)(d);

(c) that entry to the premises will not be granted unless a warrant is produced;

(d) that the purpose of a search may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.

(10) The preceding provisions of this section apply to Scotland with these modifications—

(a) in subsections (1) and (7) for “justice of the peace” substitute “ sheriff ”;

(b) in subsection (1) for “constable” substitute “ procurator fiscal ”;

(c) for “search and seizure warrant” substitute “ warrant to search ”;

(d) in subsection (6)(b) omit the words “, excluded material or special procedure material”;

(e) subsections (8)(e) and (9) are omitted.

Commencement Information

I191 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

157 Production orders E+W+N.I.

(1) A judge may, on an application made to him by a constable, make a production order if he is satisfied that the requirements for the making of a production order are fulfilled.

(2) The application for a production order must state that—

(a) the extradition of a person specified in the application is sought under Part 1 or Part 2;

(b) the order is sought in relation to premises specified in the application;

(c) the order is sought in relation to material, or material of a description, specified in the application;

(d) the material is special procedure material or excluded material;

(e) a person specified in the application appears to be in possession or control of the material.

(3) If the application states that the extradition of the person is sought under Part 1, the application must also state that the person is accused in a category 1 territory specified in the application of the commission of an offence—

(a) which is specified in the application, and

(b) which is an extradition offence within the meaning given by section 64.

(4) If the application states that the extradition of the person is sought under Part 2, the application must also state that the person is accused in a category 2 territory specified in the application of the commission of an offence—

(a) which is specified in the application, and

(b) which is an extradition offence within the meaning given by section 137.

(5) A production order is an order either—

(a) requiring the person the application for the order specifies as appearing to be in possession or control of special procedure material or excluded material to produce it to a constable (within the period stated in the order) for him to take away, or

(b) requiring that person to give a constable access to the special procedure material or excluded material within the period stated in the order.

(6) The period stated in a production order must be a period of 7 days starting with the day on which the order is made, unless it appears to the judge by whom the order is made that a longer period would be appropriate.

(7) Production orders have effect as if they were orders of the court.

(8) In this section “judge”—

(a) in England and Wales, means a circuit judge;

(b) in Northern Ireland, means a Crown Court judge.

Commencement Information

I192 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

158 Requirements for making of production order E+W+N.I.

(1) These are the requirements for the making of a production order.

(2) There must be reasonable grounds for believing that—

(a) the offence specified in the application has been committed by the person so specified;

(b) the person is in the United Kingdom or is on his way to the United Kingdom;

(c) the offence is an extradition offence within the meaning given by section 64 (if section 157(3) applies) or section 137 (if section 157(4) applies);

(d) there is material which consists of or includes special procedure material or excluded material on premises specified in the application;

(e) the material would be likely to be admissible evidence at a trial in the relevant part of the United Kingdom for the offence specified in the application (on the assumption that conduct constituting that offence would constitute an offence in that part of the United Kingdom).

(3) The relevant part of the United Kingdom is the part of the United Kingdom where the judge exercises jurisdiction.

(4) It must appear that other methods of obtaining the material—

(a) have been tried without success, or

(b) have not been tried because they were bound to fail.

(5) It must be in the public interest that the material should be produced or that access to it should be given.

Commencement Information

I193 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

159 Computer information E+W+N.I.

(1) This section applies if any of the special procedure material or excluded material specified in an application for a production order consists of information stored in any electronic form.

(2) If the order is an order requiring a person to produce the material to a constable for him to take away, it has effect as an order to produce the material in a form—

(a) in which it can be taken away by him;

(b) in which it is visible and legible or from which it can readily be produced in a visible and legible form.

(3) If the order is an order requiring a person to give a constable access to the material, it has effect as an order to give him access to the material in a form—

(a) in which it is visible and legible, or

(b) from which it can readily be produced in a visible and legible form.

Commencement Information

I194 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

160 Warrants: special procedure material and excluded material E+W+N.I.

(1) A judge may, on an application made to him by a constable, issue a warrant under this section if he is satisfied that—

(a) the requirements for the making of a production order are fulfilled, and

(b) the further requirement for the issue of a warrant under this section is fulfilled.

(2) The application for a warrant under this section must state that—

(a) the extradition of a person specified in the application is sought under Part 1 or Part 2;

(b) the warrant is sought in relation to premises specified in the application;

(c) the warrant is sought in relation to material, or material of a description, specified in the application;

(d) the material is special procedure material or excluded material.

(3) If the application states that the extradition of the person is sought under Part 1, the application must also state that the person is accused in a category 1 territory specified in the application of the commission of an offence—

(a) which is specified in the application, and

(b) which is an extradition offence within the meaning given by section 64.

(4) If the application states that the extradition of the person is sought under Part 2, the application must also state that the person is accused in a category 2 territory specified in the application of the commission of an offence—

(a) which is specified in the application, and

(b) which is an extradition offence within the meaning given by section 137.

(5) A warrant under this section authorises a constable to enter and search the premises specified in the application for the warrant and—

(a) to seize and retain any material found there which falls within subsection (6) and which is special procedure material, if the application for the warrant states that the warrant is sought in relation to special procedure material;

(b) to seize and retain any material found there which falls within subsection (6) and which is excluded material, if the application for the warrant states that the warrant is sought in relation to excluded material.

(6) Material falls within this subsection if it would be likely to be admissible evidence at a trial in the relevant part of the United Kingdom for the offence specified in the application for the warrant (on the assumption that conduct constituting that offence would constitute an offence in that part of the United Kingdom).

(7) The relevant part of the United Kingdom is the part of the United Kingdom where the judge exercises jurisdiction.

(8) The further requirement for the issue of a warrant under this section is that any of these conditions is satisfied—

(a) it is not practicable to communicate with a person entitled to grant entry to the premises;

(b) it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with a person entitled to grant access to the material referred to in section 158(2)(d);

(c) the material contains information which is subject to a restriction on disclosure or an obligation of secrecy contained in an enactment (including one passed after this Act) and is likely to be disclosed in breach of the restriction or obligation if a warrant is not issued.

(9) In this section “judge”—

(a) in England and Wales, means a circuit judge;

(b) in Northern Ireland, means a Crown Court judge.

Commencement Information

I195 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Search and seizure without warrant U.K.

Commencement Information

I196 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

161 Entry and search of premises for purposes of arrest U.K.

(1) This section applies if a constable has power to arrest a person under an extradition arrest power.

(2) A constable may enter and search any premises for the purpose of exercising the power of arrest if he has reasonable grounds for believing that the person is on the premises.

(3) The power to search conferred by subsection (2) is exercisable only to the extent that is reasonably required for the purpose of exercising the power of arrest.

(4) A constable who has entered premises in exercise of the power conferred by subsection (2) may seize and retain anything which is on the premises if he has reasonable grounds for believing—

(a) that it has been obtained in consequence of the commission of an offence or it is evidence in relation to an offence, and

(b) that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.

(5) An offence includes an offence committed outside the United Kingdom.

(6) If the premises contain 2 or more separate dwellings, the power conferred by subsection (2) is a power to enter and search only—

(a) any parts of the premises which the occupiers of any dwelling comprised in the premises use in common with the occupiers of any other dwelling comprised in the premises, and

(b) any dwelling comprised in the premises in which the constable has reasonable grounds for believing that the person may be.

Commencement Information

I197 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

162 Entry and search of premises on arrest U.K.

(1) This section applies if a person has been arrested under an extradition arrest power at a place other than a police station.

(2) A constable may enter and search any premises in which the person was at the time of his arrest or immediately before his arrest if he has reasonable grounds for believing—

(a) if the person has not been convicted of the relevant offence, that there is on the premises evidence (other than items subject to legal privilege) relating to the relevant offence;

(b) in any case, that there is on the premises evidence (other than items subject to legal privilege) relating to the identity of the person.

(3) The relevant offence is the offence—

(a) referred to in the Part 1 warrant, if the arrest was under a Part 1 warrant;

(b) in respect of which the constable has reasonable grounds for believing that a Part 1 warrant has been or will be issued, if the arrest was under section 5;

(c) in respect of which extradition is requested, if the arrest was under a warrant issued under section 71;

(d) of which the person is accused, if the arrest was under a provisional warrant.

(4) The power to search conferred by subsection (2)—

(a) if the person has not been convicted of the relevant offence, is a power to search for evidence (other than items subject to legal privilege) relating to the relevant offence;

(b) in any case, is a power to search for evidence (other than items subject to legal privilege) relating to the identity of the person.

(5) The power to search conferred by subsection (2) is exercisable only to the extent that it is reasonably required for the purpose of discovering evidence in respect of which the power is available by virtue of subsection (4).

(6) A constable may seize and retain anything for which he may search by virtue of subsections (4) and (5).

(7) A constable who has entered premises in exercise of the power conferred by subsection (2) may seize and retain anything which is on the premises if he has reasonable grounds for believing—

(a) that it has been obtained in consequence of the commission of an offence or it is evidence in relation to an offence, and

(b) that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.

(8) An offence includes an offence committed outside the United Kingdom.

(9) If the premises contain 2 or more separate dwellings, the power conferred by subsection (2) is a power to enter and search only—

(a) any dwelling in which the arrest took place or in which the person was immediately before his arrest, and

(b) any parts of the premises which the occupier of any such dwelling uses in common with the occupiers of any other dwelling comprised in the premises.

Commencement Information

I198 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

163 Search of person on arrest U.K.

(1) This section applies if a person has been arrested under an extradition arrest power at a place other than a police station.

(2) A constable may search the person if he has reasonable grounds for believing that the person may present a danger to himself or others.

(3) A constable may search the person if he has reasonable grounds for believing that the person may have concealed on him anything—

(a) which he might use to assist him to escape from lawful custody;

(b) which might be evidence relating to an offence or to the identity of the person.

(4) The power to search conferred by subsection (3)—

(a) is a power to search for anything falling within paragraph (a) or (b) of that subsection;

(b) is exercisable only to the extent that is reasonably required for the purpose of discovering such a thing.

(5) The powers conferred by subsections (2) and (3)—

(a) do not authorise a constable to require a person to remove any of his clothing in public, other than an outer coat, jacket or gloves;

(b) authorise a search of a person’s mouth.

(6) A constable searching a person in exercise of the power conferred by subsection (2) may seize and retain anything he finds, if he has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or to any other person.

(7) A constable searching a person in exercise of the power conferred by subsection (3) may seize and retain anything he finds if he has reasonable grounds for believing—

(a) that the person might use it to assist him to escape from lawful custody;

(b) that it is evidence of an offence or of the identity of the person or has been obtained in consequence of the commission of an offence.

(8) An offence includes an offence committed outside the United Kingdom.

(9) Nothing in this section affects the power conferred by section 43 of the Terrorism Act 2000 (c. 11).

Commencement Information

I199 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

164 Entry and search of premises after arrest U.K.

(1) This section applies if a person has been arrested under an extradition arrest power.

(2) A constable may enter and search any premises occupied or controlled by the person if the constable has reasonable grounds for suspecting—

(a) if the person has not been convicted of the relevant offence, that there is on the premises evidence (other than items subject to legal privilege) relating to the relevant offence;

(b) in any case, that there is on the premises evidence (other than items subject to legal privilege) relating to the identity of the person.

(3) The relevant offence is the offence—

(a) referred to in the Part 1 warrant, if the arrest was under a Part 1 warrant;

(b) in respect of which the constable has reasonable grounds for believing that a Part 1 warrant has been or will be issued, if the arrest was under section 5;

(c) in respect of which extradition is requested, if the arrest was under a warrant issued under section 71;

(d) of which the person is accused, if the arrest was under a provisional warrant.

(4) The power to search conferred by subsection (2)—

(a) if the person has not been convicted of the relevant offence, is a power to search for evidence (other than items subject to legal privilege) relating to the relevant offence;

(b) in any case, is a power to search for evidence (other than items subject to legal privilege) relating to the identity of the person.

(5) The power to search conferred by subsection (2) is exercisable only to the extent that it is reasonably required for the purpose of discovering evidence in respect of which the power is available by virtue of subsection (4).

(6) A constable may seize and retain anything for which he may search by virtue of subsections (4) and (5).

(7) A constable who has entered premises in exercise of the power conferred by subsection (2) may seize and retain anything which is on the premises if he has reasonable grounds for believing—

(a) that it has been obtained in consequence of the commission of an offence or it is evidence in relation to an offence, and

(b) that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.

(8) An offence includes an offence committed outside the United Kingdom.

(9) The powers conferred by subsections (2) and (6) may be exercised only if a police officer of the rank of inspector or above has given written authorisation for their exercise.

(10) But the power conferred by subsection (2) may be exercised without authorisation under subsection (9) if—

(a) it is exercised before the person arrested is taken to a police station, and

(b) the presence of the person at a place other than a police station is necessary for the effective exercise of the power to search.

(11) Subsections (9) and (10) do not apply to Scotland.

Commencement Information

I200 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

165 Additional seizure powers U.K.

(1) The Criminal Justice and Police Act 2001 (c. 16) is amended as follows.

(2) In Part 1 of Schedule 1 (powers of seizure to which section 50 of that Act applies) at the end add—

“Extradition Act 2003 (c. 41)

73D The powers of seizure conferred by sections 156(5), 160(5), 161(4), 162(6) and (7) and 164(6) and (7) of the Extradition Act 2003 (seizure in connection with extradition).”

(3) In Part 2 of Schedule 1 (powers of seizure to which section 51 of that Act applies) at the end add—

“Extradition Act 2003 (c. 41)

83A The powers of seizure conferred by section 163(6) and (7) of the Extradition Act 2003 (seizure in connection with extradition).”

Commencement Information

I201 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Treatment following arrest U.K.

Commencement Information

I202 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

166 Fingerprints and samples E+W+N.I.

(1) This section applies if a person has been arrested under an extradition arrest power and is detained at a police station.

(2) Fingerprints may be taken from the person only if they are taken by a constable—

(a) with the appropriate consent given in writing, or

(b) without that consent, under subsection (4).

(3) A non-intimate sample may be taken from the person only if it is taken by a constable—

(a) with the appropriate consent given in writing, or

(b) without that consent, under subsection (4).

(4) Fingerprints or a non-intimate sample may be taken from the person without the appropriate consent only if a police officer of at least the rank of inspector authorises the fingerprints or sample to be taken.

Commencement Information

I203 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

167 Searches and examination E+W+N.I.

(1) This section applies if a person has been arrested under an extradition arrest power and is detained at a police station.

(2) If a police officer of at least the rank of inspector authorises it, the person may be searched or examined, or both, for the purpose of facilitating the ascertainment of his identity.

(3) An identifying mark found on a search or examination under this section may be photographed—

(a) with the appropriate consent, or

(b) without the appropriate consent, if that consent is withheld or it is not practicable to obtain it.

(4) The only persons entitled to carry out a search or examination, or take a photograph, under this section are—

(a) constables;

(b) persons designated for the purposes of this section by the appropriate police officer.

(5) A person may not under this section—

(a) carry out a search or examination of a person of the opposite sex;

(b) take a photograph of any part of the body (other than the face) of a person of the opposite sex.

(6) An intimate search may not be carried out under this section.

(7) Ascertaining a person’s identity includes showing that he is not a particular person.

(8) Taking a photograph includes using a process by means of which a visual image may be produced; and photographing a person must be construed accordingly.

(9) Mark includes features and injuries and a mark is an identifying mark if its existence in a person’s case facilitates the ascertainment of his identity.

(10) The appropriate police officer is—

(a) in England and Wales, the chief officer of police for the police area in which the police station in question is situated;

(b) in Northern Ireland, the Chief Constable of the Police Service of Northern Ireland.

Commencement Information

I204 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

168 Photographs E+W+N.I.

(1) This section applies if a person has been arrested under an extradition arrest power and is detained at a police station.

(2) The person may be photographed—

(a) with the appropriate consent, or

(b) without the appropriate consent, if that consent is withheld or it is not practicable to obtain it.

(3) A person proposing to take a photograph of a person under this section—

(a) may for the purpose of doing so require the removal of any item or substance worn on or over the whole or any part of the head or face of the person to be photographed, and

(b) if the requirement is not complied with may remove the item or substance himself.

(4) The only persons entitled to take a photograph under this section are—

(a) constables;

(b) persons designated for the purposes of this section by the appropriate police officer.

(5) Taking a photograph includes using a process by means of which a visual image may be produced; and photographing a person must be construed accordingly.

(6) The appropriate police officer is—

(a) in England and Wales, the chief officer of police for the police area in which the police station in question is situated;

(b) in Northern Ireland, the Chief Constable of the Police Service of Northern Ireland.

Commencement Information

I205 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

169 Evidence of identity: England and Wales U.K.

(1) The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.

(2) In section 54A (searches and examination to ascertain identity) at the end insert—

“(13) Nothing in this section applies to a person arrested under an extradition arrest power.”

(3) In section 61 (fingerprinting) at the end insert—

“(10) Nothing in this section applies to a person arrested under an extradition arrest power.”

(4) In section 63 (non-intimate samples) at the end insert—

“(11) Nothing in this section applies to a person arrested under an extradition arrest power.”

(5) In section 64A (photographing of suspects etc.) at the end insert—

“(7) Nothing in this section applies to a person arrested under an extradition arrest power.”

(6) In section 65 (interpretation of Part 5) after the definition of “appropriate consent ” insert—

““extradition arrest power” means any of the following—

(a) a Part 1 warrant (within the meaning given by the Extradition Act 2003) in respect of which a certificate under section 2 of that Act has been issued;

(b) section 5 of that Act;

(c) a warrant issued under section 71 of that Act;

(d) a provisional warrant (within the meaning given by that Act).”

Commencement Information

I206 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

170 Evidence of identity: Northern Ireland U.K.

(1) The Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/ 1341 (N.I. 12)) is amended as follows.

(2) In Article 55A (searches and examination to ascertain identity) at the end insert—

“(13) Nothing in this Article applies to a person arrested under an extradition arrest power.”

(3) In Article 61 (fingerprinting) at the end insert—

“(10) Nothing in this Article applies to a person arrested under an extradition arrest power.”

(4) In Article 63 (non-intimate samples) at the end insert—

“(12) Nothing in this Article applies to a person arrested under an extradition arrest power.”

(5) In Article 64A (photographing of suspects etc.) at the end insert—

“(7) Nothing in this Article applies to a person arrested under an extradition arrest power.”

(6) In Article 53 (interpretation) after the definition of “drug trafficking” and “drug trafficking offence” insert—

““extradition arrest power” means any of the following—

(a) a Part 1 warrant (within the meaning given by the Extradition Act 2003) in respect of which a certificate under section 2 of that Act has been issued;

(b) section 5 of that Act;

(c) a warrant issued under section 71 of that Act;

(d) a provisional warrant (within the meaning given by that Act).”

Commencement Information

I207 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

171 Other treatment and rights E+W+N.I.

(1) This section applies in relation to cases where a person—

(a) is arrested under an extradition arrest power at a police station;

(b) is taken to a police station after being arrested elsewhere under an extradition arrest power;

(c) is detained at a police station after being arrested under an extradition arrest power.

(2) In relation to those cases the Secretary of State may by order apply the provisions mentioned in subsections (3) and (4) with specified modifications.

(3) The provisions are these provisions of the Police and Criminal Evidence Act 1984 (c. 60)—

(a) section 54 (searches of detained persons);

(b) section 55 (intimate searches);

(c) section 56 (right to have someone informed when arrested);

(d) section 58 (access to legal advice).

(4) The provisions are these provisions of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))—

(a) Article 55 (searches of detained persons);

(b) Article 56 (intimate searches);

(c) Article 57 (right to have someone informed when arrested);

(d) Article 59 (access to legal advice).

Commencement Information

I208 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Delivery of seized property U.K.

Commencement Information

I209 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

172 Delivery of seized property U.K.

(1) This section applies to—

(a) anything which has been seized or produced under this Part, or

(b) anything which has been seized under section 50 or 51 of the Criminal Justice and Police Act 2001 (c. 16) in reliance on a power of seizure conferred by this Part.

(2) A constable may deliver any such thing to a person who is or is acting on behalf of an authority if the constable has reasonable grounds for believing that the authority—

(a) is an authority of the relevant territory, and

(b) has functions such that it is appropriate for the thing to be delivered to it.

(3) If the relevant seizure power was a warrant issued under this Part, or the thing was produced under an order made under this Part, the relevant territory is the category 1 or category 2 territory specified in the application for the warrant or order.

(4) If the relevant seizure power was section 161(4), 162(6) or (7), 163(6) or (7) or 164(6) or (7), the relevant territory is—

(a) the territory in which the Part 1 warrant was issued, in a case where the applicable extradition arrest power is a Part 1 warrant in respect of which a certificate under section 2 has been issued;

(b) the territory in which a constable has reasonable grounds for believing that a Part 1 warrant has been or will be issued, in a case where the applicable extradition arrest power is section 5;

(c) the territory to which a person’s extradition is requested, in a case where the applicable extradition arrest power is a warrant issued under section 71;

(d) the territory in which a person is accused of the commission of an offence or has been convicted of an offence, in a case where the applicable extradition arrest power is a provisional warrant.

(5) The applicable extradition arrest power is—

(a) the extradition arrest power under which a constable had a power of arrest, if the relevant seizure power was section 161(4);

(b) the extradition arrest power under which a person was arrested, if the relevant seizure power was section 162(6) or (7), 163(6) or (7) or 164(6) or (7).

(6) The relevant seizure power is—

(a) the power under which the thing was seized, or

(b) the power in reliance on which the thing was seized under section 50 or 51 of the Criminal Justice and Police Act 2001 (c. 16).

(7) Subsection (1)(a) applies to Scotland with the insertion after “Part” of “ (so far as it applies to Scotland) or for the purposes of this Act (as it so applies) by virtue of any enactment or rule of law ”.

(8) Subsection (2) applies to Scotland with the substitution of “ procurator fiscal ” for “constable”.

(9) In subsection (7) “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

Commencement Information

I210 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Codes of practice E+W+N.I.

Commencement Information

I211 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

173 Codes of practice E+W+N.I.

(1) The Secretary of State must issue codes of practice in connection with—

(a) the exercise of the powers conferred by this Part;

(b) the retention, use and return of anything seized or produced under this Part;

(c) access to and the taking of photographs and copies of anything so seized or produced;

(d) the retention, use, disclosure and destruction of fingerprints, a sample or a photograph taken under this Part.

(2) If the Secretary of State proposes to issue a code of practice under this section he must—

(a) publish a draft of the code;

(b) consider any representations made to him about the draft;

(c) if he thinks it appropriate, modify the draft in the light of any such representations.

(3) The Secretary of State must lay the code before Parliament.

(4) When he has done so he may bring the code into operation by order.

(5) The Secretary of State may revise the whole or any part of a code issued under this section and issue the code as revised; and subsections (2) to (4) apply to such a revised code as they apply to the original code.

(6) A failure by a constable to comply with a provision of a code issued under this section does not of itself make him liable to criminal or civil proceedings.

(7) A code issued under this section is admissible in evidence in proceedings under this Act and must be taken into account by a judge or court in determining any question to which it appears to the judge or the court to be relevant.

(8) If the Secretary of State publishes a draft code of practice in connection with a matter specified in subsection (1) before the date on which this section comes into force—

(a) the draft is as effective as one published under subsection (2) on or after that date;

(b) representations made to the Secretary of State about the draft before that date are as effective as representations made to him about it after that date;

(c) modifications made by the Secretary of State to the draft in the light of any such representations before that date are as effective as any such modifications made by him on or after that date.

Commencement Information

I212 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

General U.K.

Commencement Information

I213 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

174 Interpretation U.K.

(1) Subsections (2) to (8) apply for the purposes of this Part.

(2) Each of these is an extradition arrest power—

(a) a Part 1 warrant in respect of which a certificate under section 2 has been issued;

(b) section 5;

(c) a warrant issued under section 71;

(d) a provisional warrant.

(3) “Excluded material”—

(a) in England and Wales, has the meaning given by section 11 of the 1984 Act;

(b) in Northern Ireland, has the meaning given by Article 13 of the 1989 Order.

(4) “Items subject to legal privilege”—

(a) in England and Wales, has the meaning given by section 10 of the 1984 Act;

(b) in Scotland, has the meaning given by section 412 of the 2002 Act;

(c) in Northern Ireland, has the meaning given by Article 12 of the 1989 Order.

(5) “Premises”—

(a) in England and Wales, has the meaning given by section 23 of the 1984 Act;

(b) in Scotland, has the meaning given by section 412 of the 2002 Act;

(c) in Northern Ireland, has the meaning given by Article 25 of the 1989 Order.

(6) “Special procedure material”—

(a) in England and Wales, has the meaning given by section 14 of the 1984 Act;

(b) in Northern Ireland, has the meaning given by Article 16 of the 1989 Order.

(7) The expressions in subsection (8) have the meanings given—

(a) in England and Wales, by section 65 of the 1984 Act;

(b) in Northern Ireland, by Article 53 of the 1989 Order.

(8) The expressions are—

(a) appropriate consent;

(b) fingerprints;

(c) intimate search;

(d) non-intimate sample.

(9) The 1984 Act is the Police and Criminal Evidence Act 1984 (c. 60).

(10) The 1989 Order is the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).

(11) The 2002 Act is the Proceeds of Crime Act 2002 (c. 29).

Commencement Information

I214 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

175 Customs officers U.K.

The Treasury may by order provide for any provision of this Part which applies in relation to police officers or persons arrested by police officers to apply with specified modifications in relation to customs officers or persons arrested by customs officers.

Commencement Information

I215 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

176 Service policemen U.K.

The Secretary of State may by order provide for any provision of this Part which applies in relation to police officers or persons arrested by police officers to apply with specified modifications in relation to service policemen or persons arrested by service policemen.

Commencement Information

I216 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Part 5 U.K. Miscellaneous and general

British overseas territories U.K.

Commencement Information

I217 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

177 Extradition from British overseas territories U.K.

(1) This section applies in relation to extradition—

(a) from a British overseas territory to a category 1 territory;

(b) from a British overseas territory to the United Kingdom;

(c) from a British overseas territory to a category 2 territory;

(d) from a British overseas territory to any of the Channel Islands or the Isle of Man.

(2) An Order in Council may provide for any provision of this Act applicable to extradition from the United Kingdom to apply to extradition in a case falling within subsection (1)(a) or (b).

(3) An Order in Council may provide for any provision of this Act applicable to extradition from the United Kingdom to a category 2 territory to apply to extradition in a case falling within subsection (1)(c) or (d).

(4) An Order in Council under this section may provide that the provision applied has effect with specified modifications.

178 Extradition to British overseas territories U.K.

(1) This section applies in relation to extradition—

(a) to a British overseas territory from a category 1 territory;

(b) to a British overseas territory from the United Kingdom;

(c) to a British overseas territory from a category 2 territory;

(d) to a British overseas territory from any of the Channel Islands or the Isle of Man.

(2) An Order in Council may provide for any provision of this Act applicable to extradition to the United Kingdom to apply to extradition in a case falling within subsection (1)(a) or (b).

(3) An Order in Council may provide for any provision of this Act applicable to extradition to the United Kingdom from a category 2 territory to apply to extradition in a case falling within subsection (1)(c) or (d).

(4) An Order in Council under this section may provide that the provision applied has effect with specified modifications.

Competing extradition claims U.K.

Commencement Information

I218 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

179 Competing claims to extradition U.K.

(1) This section applies if at the same time—

(a) there is a Part 1 warrant in respect of a person, a certificate has been issued under section 2 in respect of the warrant, and the person has not been extradited in pursuance of the warrant or discharged, and

(b) there is a request for the same person’s extradition, a certificate has been issued under section 70 in respect of the request, and the person has not been extradited in pursuance of the request or discharged.

(2) The Secretary of State may—

(a) order proceedings (or further proceedings) on one of them (the warrant or the request) to be deferred until the other one has been disposed of, if neither the warrant nor the request has been disposed of;

(b) order the person’s extradition in pursuance of the warrant to be deferred until the request has been disposed of, if an order for his extradition in pursuance of the warrant has been made;

(c) order the person’s extradition in pursuance of the request to be deferred until the warrant has been disposed of, if an order for his extradition in pursuance of the request has been made.

(3) In applying subsection (2) the Secretary of State must take account in particular of these matters—

(a) the relative seriousness of the offences concerned;

(b) the place where each offence was committed (or was alleged to have been committed);

(c) the date when the warrant was issued and the date when the request was received;

(d) whether, in the case of each offence, the person is accused of its commission (but not alleged to have been convicted) or is alleged to be unlawfully at large after conviction.

(4) If both the certificates referred to in subsection (1) are issued in Scotland, the preceding provisions of this section apply as if the references to the Secretary of State were to the Scottish Ministers.

[F155 (5) For the purposes of this section a person is alleged to be unlawfully at large after conviction of an offence if—

(a) he is alleged to have been convicted of it, and

(b) his extradition is sought for the purpose of his being sentenced for the offence or of his serving a sentence of imprisonment or another form of detention imposed in respect of the offence.F155 ]

Textual Amendments

F155 S. 179(5) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 2(7); S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I219 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

180 Proceedings on deferred warrant or request U.K.

(1) This section applies if—

(a) an order is made under this Act deferring proceedings on an extradition claim in respect of a person (the deferred claim) until another extradition claim in respect of the person has been disposed of, and

(b) the other extradition claim is disposed of.

(2) The judge may make an order for proceedings on the deferred claim to be resumed.

(3) No order under subsection (2) may be made after the end of the required period.

(4) If the person applies to the appropriate judge to be discharged, the judge may order his discharge.

(5) If the person applies to the appropriate judge to be discharged, the judge must order his discharge if—

(a) the required period has ended, and

(b) the judge has not made an order under subsection (2) or ordered the person’s discharge.

(6) The required period is 21 days starting with the day on which the other extradition claim is disposed of.

(7) If the proceedings on the deferred claim were under Part 1, section 67 applies for determining the appropriate judge.

(8) If the proceedings on the deferred claim were under Part 2, section 139 applies for determining the appropriate judge.

(9) An extradition claim is made in respect of a person if—

(a) a Part 1 warrant is issued in respect of him;

(b) a request for his extradition is made.

Commencement Information

I220 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

181 Proceedings where extradition deferred U.K.

(1) This section applies if—

(a) an order is made under this Act deferring a person’s extradition in pursuance of an extradition claim (the deferred claim) until another extradition claim in respect of him has been disposed of;

(b) the other extradition claim is disposed of.

(2) The judge may make an order for the person’s extradition in pursuance of the deferred claim to cease to be deferred.

(3) No order under subsection (2) may be made after the end of the required period.

(4) If the person applies to the appropriate judge to be discharged, the judge may order his discharge.

(5) If the person applies to the appropriate judge to be discharged, the judge must order his discharge if—

(a) the required period has ended, and

(b) the judge has not made an order under subsection (2) or ordered the person’s discharge.

(6) The required period is 21 days starting with the day on which the other extradition claim is disposed of.

(7) If the person’s extradition in pursuance of the deferred claim was ordered under Part 1, section 67 applies for determining the appropriate judge.

(8) If the person’s extradition in pursuance of the deferred claim was ordered under Part 2, section 139 applies for determining the appropriate judge.

(9) An extradition claim is made in respect of a person if—

(a) a Part 1 warrant is issued in respect of him;

(b) a request for his extradition is made.

Commencement Information

I221 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Legal aid U.K.

Commencement Information

I222 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

182 Legal advice, assistance and representation: England and Wales U.K.

In section 12(2) of the Access to Justice Act 1999 (c. 22) (meaning of “criminal proceedings”) for paragraph (c) substitute—

“(c) proceedings for dealing with an individual under the Extradition Act 2003,”.

Commencement Information

I223 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

183 Legal aid: Scotland S

The provisions of the Legal Aid (Scotland) Act 1986 (c. 47) apply—

(a) in relation to proceedings in Scotland before the appropriate judge under Part 1, 2 or 5 of this Act as those provisions apply in relation to summary proceedings;

(b) in relation to any proceedings on appeal arising out of such proceedings before the appropriate judge as those provisions apply in relation to appeals in summary proceedings.

Commencement Information

I224 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

184 Grant of free legal aid: Northern Ireland N.I.

(1) The appropriate judge may grant free legal aid to a person in connection with proceedings under Part 1 or Part 2 before the judge or the High Court.

(2) A judge of the High Court may grant free legal aid to a person in connection with proceedings under Part 1 or Part 2 before the High Court or the [F156 Supreme Court]F156 .

(3) If the appropriate judge refuses to grant free legal aid under subsection (1) in connection with proceedings before the High Court the person may appeal to the High Court against the judge’s decision.

(4) A judge of the High Court may grant free legal aid to a person in connection with proceedings on an appeal under subsection (3).

(5) Free legal aid may be granted to a person under subsection (1), (2) or (4) only if it appears to the judge that—

(a) the person’s means are insufficient to enable him to obtain legal aid, and

(b) it is desirable in the interests of justice that the person should be granted free legal aid.

(6) On an appeal under subsection (3) the High Court may—

(a) allow the appeal;

(b) dismiss the appeal.

(7) The High Court may allow an appeal under subsection (3) only if it appears to the High Court that—

(a) the person’s means are insufficient to enable him to obtain legal aid, and

(b) it is desirable in the interests of justice that the person should be granted free legal aid.

(8) If the High Court allows an appeal under subsection (3) it must grant free legal aid to the person in connection with the proceedings under Part 1 or Part 2 before it.

(9) If on a question of granting free legal aid under this section or of allowing an appeal under subsection (3) there is a doubt as to whether—

(a) the person’s means are insufficient to enable him to obtain legal aid, or

(b) it is desirable in the interests of justice that the person should be granted free legal aid,

the doubt must be resolved in favour of granting him free legal aid.

(10) References in this section to granting free legal aid to a person are to assigning to him—

(a) a solicitor and counsel, or

(b) a solicitor only, or

(c) counsel only.

Textual Amendments

F156 Words in s. 184 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(4)(n); S.I. 2009/1604, art. 2(d)

Commencement Information

I225 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

185 Free legal aid: supplementary N.I.

(1) The provisions of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8)) listed in subsection (2) apply in relation to free legal aid under section 184 in connection with proceedings before the appropriate judge or the High Court as they apply in relation to free legal aid under Part III of the Order.

(2) The provisions are—

(a) Article 32 (statements of means);

(b) Article 36(1) (payment of legal aid);

(c) Article 36(3) and (4) (rules);

(d) Article 36A (solicitors excluded from legal aid work);

(e) Article 37 (remuneration of solicitors and counsel);

(f) Article 40 (stamp duty exemption).

(3) As so applied those Articles have effect as if—

(a) a person granted free legal aid under section 184 had been granted a criminal aid certificate under Part III of the Order;

(b) section 184 were contained in Part III of the Order.

(4) The fees of any counsel, and the expenses and fees of any solicitor, assigned to a person under section 184 in connection with proceedings before the [F157 Supreme Court]F157 must be paid by the Lord Chancellor.

(5) The fees and expenses paid under subsection (4) must not exceed the amount [F158 allowedF158 ][F159 by the Supreme Court or under Supreme Court Rules.F159 ]

(6) For the purposes of section 184 and this section the appropriate judge is—

(a) such county court judge or resident magistrate as is designated for the purposes of Part 1 [F160 under section 67]F160 , if the proceedings are under Part 1;

(b) such county court judge or resident magistrate as is designated for the purposes of Part 2 [F161 under section 139]F161 , if the proceedings are under Part 2.

Textual Amendments

F157 Words in s. 185(4) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(5)(a); S.I. 2009/1604, art. 2(d)

F158 Word in s. 185(5) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(1), 116, Sch. 7 para. 117; S.I. 2009/3096, art. 3(v)(x)

F159 Words in s. 185(5) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(5)(b); S.I. 2009/1604, art. 2(d)

F160 Words in s. 185(6)(a) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 355(a); S.I. 2006/1014, art. 2(a) Sch. 1 paras. 10, 11(cc)

F161 Words in s. 185(6)(b) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 355(b); S.I. 2006/1014, art. 2(a) Sch. 1 paras. 10, 11(cc)

Commencement Information

I226 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Re-extradition U.K.

Commencement Information

I227 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

186 Re-extradition: preliminary U.K.

(1) Section 187 applies in relation to a person if the conditions in subsections (2) to (6) are satisfied.

(2) The first condition is that the person was extradited to a territory in accordance with Part 1 or Part 2.

(3) The second condition is that the person was serving a sentence of imprisonment or another form of detention in the United Kingdom (the UK sentence) before he was extradited.

(4) The third condition is that—

(a) if the person was extradited in accordance with Part 1, the Part 1 warrant in pursuance of which he was extradited contained a statement that it was issued with a view to his extradition for the purpose of being prosecuted for an offence;

(b) if the person was extradited in accordance with Part 2, the request in pursuance of which the person was extradited contained a statement that the person was accused of the commission of an offence.

(5) The fourth condition is that a certificate issued by a judicial authority of the territory shows that—

(a) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment (the overseas sentence) was imposed on the person in the territory;

(b) the overseas sentence was imposed on him in respect of—

(i) the offence specified in the warrant or request, or

(ii) any other offence committed before his extradition in respect of which he was permitted to be dealt with in the territory.

(6) The fifth condition is that before serving the overseas sentence the person was returned to the United Kingdom to serve the remainder of the UK sentence.

Commencement Information

I228 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

187 Re-extradition hearing U.K.

(1) If this section applies in relation to a person, as soon as practicable after the relevant time the person must be brought before the appropriate judge for the judge to decide whether the person is to be extradited again to the territory in which the overseas sentence was imposed.

(2) The relevant time is the time at which the person would otherwise be released from detention pursuant to the UK sentence (whether or not on licence).

(3) If subsection (1) is not complied with and the person applies to the judge to be discharged, the judge must order his discharge.

(4) The person must be treated as continuing in legal custody until he is brought before the appropriate judge under subsection (1) or he is discharged under subsection (3).

(5) If the person is brought before the appropriate judge under subsection (1) the judge must decide whether the territory in which the overseas sentence was imposed is—

(a) a category 1 territory;

(b) a category 2 territory;

(c) neither a category 1 territory nor a category 2 territory.

(6) If the judge decides that the territory is a category 1 territory, section 188 applies.

(7) If the judge decides that the territory is a category 2 territory, section 189 applies.

(8) If the judge decides that the territory is neither a category 1 territory nor a category 2 territory, he must order the person’s discharge.

(9) A person’s discharge as a result of this section or section 188 or 189 does not affect any conditions on which he is released from detention pursuant to the UK sentence.

[F162 (10) Section 139 applies for the purposes of this section as it applies for the purposes of Part 2.F162 ]

Textual Amendments

F162 S. 187(10) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 15(2); S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I229 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

188 Re-extradition to category 1 territories U.K.

(1) If this section applies, this Act applies as it would if—

(a) a Part 1 warrant had been issued in respect of the person;

(b) the warrant contained a statement that—

(i) the person [F163 had been convicted]F163 of the relevant offence, and

(ii) the warrant was issued with a view to the person’s arrest and extradition to the territory for the purpose of serving a sentence imposed in respect of the relevant offence;

(c) the warrant were issued by the authority of the territory which issued the certificate referred to in section 186(5);

(d) the relevant offence were specified in the warrant;

(e) the judge were the appropriate judge for the purposes of Part 1;

(f) the hearing at which the judge is to make the decision referred to in section 187(1) were the extradition hearing;

(g) the proceedings before the judge were under Part 1.

(2) As applied by subsection (1) this Act has effect with the modifications set out in Part 1 of Schedule 1.

(3) The relevant offence is the offence in respect of which the overseas sentence is imposed.

Textual Amendments

F163 Words in s. 188(1)(b)(i) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 2(8); S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I230 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

189 Re-extradition to category 2 territories U.K.

(1) If this section applies, this Act applies as it would if—

(a) a valid request for the person’s extradition to the territory had been made;

(b) the request contained a statement that the person [F164 had been convicted]F164 of the relevant offence;

(c) the relevant offence were specified in the request;

(d) the hearing at which the appropriate judge is to make the decision referred to in section 187(1) were the extradition hearing;

(e) the proceedings before the judge were under Part 2.

(2) As applied by subsection (1) this Act has effect with the modifications set out in Part 2 of Schedule 1.

(3) The relevant offence is the offence in respect of which the overseas sentence is imposed.

Textual Amendments

F164 Words in s. 189(1)(b) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 2(9); S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I231 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Conduct of extradition proceedings U.K.

Commencement Information

I232 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

190 Crown Prosecution Service: role in extradition proceedings U.K.

(1) The Prosecution of Offences Act 1985 (c. 23) is amended as follows.

(2) In section 3 (functions of the Director) in subsection (2) after paragraph (e) insert—

“(ea) to have the conduct of any extradition proceedings;

(eb) to give, to such extent as he considers appropriate, and to such persons as he considers appropriate, advice on any matters relating to extradition proceedings or proposed extradition proceedings;”.

(3) In section 3 after subsection (2) insert—

“(2A) Subsection (2)(ea) above does not require the Director to have the conduct of any extradition proceedings in respect of a person if he has received a request not to do so and—

(a) in a case where the proceedings are under Part 1 of the Extradition Act 2003, the request is made by the authority which issued the Part 1 warrant in respect of the person;

(b) in a case where the proceedings are under Part 2 of that Act, the request is made on behalf of the territory to which the person’s extradition has been requested.”

(4) In section 5(1) (conduct of prosecutions on behalf of Crown Prosecution Service) after “criminal proceedings” insert “ or extradition proceedings ”.

(5) In section 14 (control of fees and expenses etc paid by the Service) in subsection (1)(a) after “criminal proceedings” insert “ or extradition proceedings ”.

(6) In section 15(1) (interpretation of Part 1) in the appropriate place insert—

““extradition proceedings” means proceedings under the Extradition Act 2003;”.

Commencement Information

I233 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

191 Lord Advocate: role in extradition proceedings U.K.

(1) The Lord Advocate must—

(a) conduct any extradition proceedings in Scotland;

(b) give, to such extent as he considers appropriate, and to such persons as he considers appropriate, advice on any matters relating to extradition proceedings or proposed extradition proceedings, in Scotland.

(2) Subsection (1)(a) does not require the Lord Advocate to conduct any extradition proceedings in respect of a person if he has received a request not to do so and—

(a) in a case where the proceedings are under Part 1, the request is made by the authority which issued the Part 1 warrant in respect of the person;

(b) in a case where the proceedings are under Part 2, the request is made on behalf of the territory to which the person’s extradition has been requested.

Commencement Information

I234 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

192 Northern Ireland DPP and Crown Solicitor: role in extradition proceedings U.K.

(1) The Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I. 1)) is amended as set out in subsections (2) to (4).

(2) In article 2(2) (interpretation) in the appropriate place insert—

““extradition proceedings” means proceedings under the Extradition Act 2003;”.

(3) In article 4(7) (conduct of prosecutions on behalf of DPP) after “prosecution” insert “ or extradition proceedings ”.

(4) In article 5 (functions of DPP) after paragraph (1) insert—

“(1A) The Director may—

(a) have the conduct of any extradition proceedings in Northern Ireland;

(b) give to such persons as appear to him appropriate such advice as appears to him appropriate on matters relating to extradition proceedings, or proposed extradition proceedings, in Northern Ireland.”

(5) The Justice (Northern Ireland) Act 2002 (c. 26) is amended as set out in subsections (6) to (8).

(6) After section 31 insert—

“31A Conduct of extradition proceedings

(1) The Director may have the conduct of any extradition proceedings in Northern Ireland.

(2) The Director may give to such persons as appear to him appropriate such advice as appears to him appropriate on matters relating to extradition proceedings, or proposed extradition proceedings, in Northern Ireland.”

(7) In section 36(2) (conduct of criminal proceedings on behalf of DPP) after “criminal proceedings” insert “ or extradition proceedings ”.

(8) In section 44 (interpretation) after subsection (6) insert—

“(7) For the purposes of this Part “extradition proceedings” means proceedings under the Extradition Act 2003.”

(9) The Crown Solicitor for Northern Ireland may—

(a) have the conduct of any proceedings under this Act in Northern Ireland;

(b) give to such persons as appear to him appropriate such advice as appears to him appropriate on matters relating to proceedings under this Act, or proposed proceedings under this Act, in Northern Ireland.

Commencement Information

I235 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Parties to international Conventions U.K.

Commencement Information

I236 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

193 Parties to international Conventions U.K.

(1) A territory may be designated by order made by the Secretary of State if—

(a) it is not a category 1 territory or a category 2 territory, and

(b) it is a party to an international Convention to which the United Kingdom is a party.

(2) This Act applies in relation to a territory designated by order under subsection (1) as if the territory were a category 2 territory.

(3) As applied to a territory by subsection (2), this Act has effect as if—

(a) sections 71(4), 73(5), 74(11)(b), 84(7), 86(7), 137 and 138 were omitted;

(b) the conduct that constituted an extradition offence for the purposes of Part 2 were the conduct specified in relation to the territory in the order under subsection (1) designating the territory.

(4) Conduct may be specified in relation to a territory in an order under subsection (1) designating the territory only if it is conduct to which the relevant Convention applies.

(5) The relevant Convention is the Convention referred to in subsection (1)(b) which is specified in relation to the territory in the order under subsection (1) designating it.

Commencement Information

I237 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Special extradition arrangements U.K.

Commencement Information

I238 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

194 Special extradition arrangements U.K.

(1) This section applies if the Secretary of State believes that—

(a) arrangements have been made between the United Kingdom and another territory for the extradition of a person to the territory, and

(b) the territory is not a category 1 territory or a category 2 territory.

(2) The Secretary of State may certify that the conditions in paragraphs (a) and (b) of subsection (1) are satisfied in relation to the extradition of the person.

(3) If the Secretary of State issues a certificate under subsection (2) this Act applies in respect of the person’s extradition to the territory as if the territory were a category 2 territory.

(4) As applied by subsection (3), this Act has effect—

(a) as if sections 71(4), 73(5), 74(11)(b), 84(7) and 86(7) were omitted;

(b) with any other modifications specified in the certificate.

(5) A certificate under subsection (2) in relation to a person is conclusive evidence that the conditions in paragraphs (a) and (b) of subsection (1) are satisfied in relation to the person’s extradition.

Commencement Information

I239 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Human rights U.K.

Commencement Information

I240 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

195 Human rights: appropriate tribunal U.K.

(1) The appropriate judge is the only appropriate tribunal in relation to proceedings under section 7(1)(a) of the Human Rights Act 1998 (c. 42) (proceedings for acts incompatible with Convention rights) if the proceedings relate to extradition under Part 1 or Part 2 of this Act.

(2) If the proceedings relate to extradition under Part 1, section 67 applies for determining the appropriate judge.

(3) If the proceedings relate to extradition under Part 2, section 139 applies for determining the appropriate judge.

Commencement Information

I241 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Genocide etc U.K.

Commencement Information

I242 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

196 Genocide, crimes against humanity and war crimes U.K.

(1) This section applies if—

(a) a Part 1 warrant in respect of a person is issued in respect of an offence mentioned in subsection (2), or

(b) a valid request for a person’s extradition is made in respect of an offence mentioned in subsection (2).

(2) The offences are—

(a) an offence that if committed in the United Kingdom would be punishable as an offence under section 51 or 58 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity and war crimes);

(b) an offence that if committed in the United Kingdom would be punishable as an offence under section 52 or 59 of that Act (conduct ancillary to genocide, etc. committed outside the jurisdiction);

(c) an offence that if committed in the United Kingdom would be punishable as an ancillary offence, as defined in section 55 or 62 of that Act, in relation to an offence falling within paragraph (a) or (b);

(d) an offence that if committed in the United Kingdom would be punishable as an offence under section 1 of the International Criminal Court (Scotland) Act 2001 (asp 13) (genocide, crimes against humanity and war crimes);

(e) an offence that if committed in the United Kingdom would be punishable as an offence under section 2 of that Act (conduct ancillary to genocide etc. committed outside the jurisdiction);

(f) an offence that if committed in the United Kingdom would be punishable as an ancillary offence, as defined in section 7 of that Act, in relation to an offence falling within paragraph (d) or (e);

(g) any offence punishable in the United Kingdom under section 1 of the Geneva Conventions Act 1957 (c. 52) (grave breach of scheduled conventions).

(3) It is not an objection to extradition under this Act that the person could not have been punished for the offence under the law in force at the time when and in the place where he is alleged to have committed the act of which he is accused or of which he has been convicted.

Commencement Information

I243 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Custody and bail U.K.

Commencement Information

I244 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

197 Custody U.K.

(1) If a judge remands a person in custody under this Act, the person must be committed to the institution to which he would have been committed if charged with an offence before the judge.

(2) If a person in custody following his arrest under Part 1 or Part 2 [F165 , or kept in custody by virtue of a power under Part 3,]F165 escapes from custody, he may be retaken in any part of the United Kingdom in the same way as he could have been if he had been in custody following his arrest or apprehension under a relevant domestic warrant.

(3) A relevant domestic warrant is a warrant for his arrest or apprehension issued in the part of the United Kingdom in question in respect of an offence committed there.

(4) Subsection (5) applies if—

(a) a person is in custody in one part of the United Kingdom (whether under this Act or otherwise);

(b) he is required to be removed to another part of the United Kingdom after being remanded in custody under this Act;

(c) he is so removed by sea or air.

(5) The person must be treated as continuing in legal custody until he reaches the place to which he is required to be removed.

(6) An order for a person’s extradition under this Act is sufficient authority for an appropriate person—

(a) to receive him;

(b) to keep him in custody until he is extradited under this Act;

(c) to convey him to the territory to which he is to be extradited under this Act.

(7) An appropriate person is—

(a) a person to whom the order is directed;

(b) a constable.

Textual Amendments

F165 Words in s. 197(2) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 74(5), 116; S.I. 2009/3096, art. 3(q)

Commencement Information

I245 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[F166 197A Extradition of serving prisoner U.K.

If an order is made under Part 1 or 2 for the extradition of a person who is [F167 in custody]F167 serving a sentence of imprisonment or another form of detention in the United Kingdom, the order is sufficient authority for the person to be removed from the prison or other institution where he is detained.]

Textual Amendments

F166 S. 197A inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 25; S.I. 2006/3364, art. 2(d)(e)

F167 Words in s. 197A inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 71(9), 116; S.I. 2009/3096, art. 3(n) (with art. 4)

198 Bail: England and Wales E+W

(1) The Bail Act 1976 (c. 63) is amended as follows.

(2) In section 1(1) (meaning of “bail in criminal proceedings”) after paragraph (b) insert— “, or

(c) bail grantable in connection with extradition proceedings in respect of an offence.”

(3) In section 2(2) (other definitions) omit the definition of “proceedings against a fugitive offender” and in the appropriate places insert—

““extradition proceedings” means proceedings under the Extradition Act 2003;”;

““prosecutor”, in relation to extradition proceedings, means the person acting on behalf of the territory to which extradition is sought;”.

(4) In section 4 (general right to bail) in subsection (2) omit the words “or proceedings against a fugitive offender for the offence”.

(5) In section 4 after subsection (2) insert—

“(2A) This section also applies to a person whose extradition is sought in respect of an offence, when—

(a) he appears or is brought before a court in the course of or in connection with extradition proceedings in respect of the offence, or

(b) he applies to a court for bail or for a variation of the conditions of bail in connection with the proceedings.

(2B) But subsection (2A) above does not apply if the person is alleged to be unlawfully at large after conviction of the offence.”

(6) In section 5B (reconsideration of decisions granting bail) for subsection (1) substitute—

“(A1) This section applies in any of these cases—

(a) a magistrates' court has granted bail in criminal proceedings in connection with an offence to which this section applies or proceedings for such an offence;

(b) a constable has granted bail in criminal proceedings in connection with proceedings for such an offence;

(c) a magistrates' court or a constable has granted bail in connection with extradition proceedings.

(1) The court or the appropriate court in relation to the constable may, on application by the prosecutor for the decision to be reconsidered—

(a) vary the conditions of bail,

(b) impose conditions in respect of bail which has been granted unconditionally, or

(c) withhold bail.”

(7) In section 7 (liability to arrest for absconding or breaking conditions of bail) after subsection (1) insert—

“(1A) Subsection (1B) applies if—

(a) a person has been released on bail in connection with extradition proceedings,

(b) the person is under a duty to surrender into the custody of a constable, and

(c) the person fails to surrender to custody at the time appointed for him to do so.

(1B) A magistrates' court may issue a warrant for the person’s arrest.”

(8) In section 7(4) omit the words from “In reckoning” to “Sunday”.

(9) In section 7 after subsection (4) insert—

“(4A) A person who has been released on bail in connection with extradition proceedings and is under a duty to surrender into the custody of a constable may be arrested without warrant by a constable on any of the grounds set out in paragraphs (a) to (c) of subsection (3).

(4B) A person arrested in pursuance of subsection (4A) above shall be brought as soon as practicable and in any event within 24 hours after his arrest before a justice of the peace for the petty sessions area in which he was arrested.”

(10) In section 7(5) after “subsection (4)” insert “ or (4B) ”.

(11) In section 7 after subsection (6) insert—

“(7) In reckoning for the purposes of this section any period of 24 hours, no account shall be taken of Christmas Day, Good Friday or any Sunday.”

(12) In Part 1 of Schedule 1 (defendants accused or convicted of imprisonable offences) for paragraph 1 substitute—

“1 The following provisions of this Part of this Schedule apply to the defendant if—

(a) the offence or one of the offences of which he is accused or convicted in the proceedings is punishable with imprisonment, or

(b) his extradition is sought in respect of an offence.”

(13) In Part 1 of Schedule 1 after paragraph 2A insert—

“2B The defendant need not be granted bail in connection with extradition proceedings if—

(a) the conduct constituting the offence would, if carried out by the defendant in England and Wales, constitute an indictable offence or an offence triable either way; and

(b) it appears to the court that the defendant was on bail on the date of the offence.”

(14) In Part 1 of Schedule 1 in paragraph 6 after “the offence” insert “ or the extradition proceedings ”.

Commencement Information

I246 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

199 Bail: Scotland S

After section 24 of the Criminal Procedure (Scotland) Act 1995 (c. 46) (bail and bail conditions) insert—

“24A Bail: extradition proceedings

(1) In the application of the provisions of this Part by virtue of section 9(2) or 77(2) of the Extradition Act 2003 (judge’s powers at extradition hearing), those provisions apply with the modifications that—

(a) references to the prosecutor are to be read as references to a person acting on behalf of the territory to which extradition is sought;

(b) the right of the Lord Advocate mentioned in section 24(2) of this Act applies to a person subject to extradition proceedings as it applies to a person charged with any crime or offence;

(c) the following do not apply—

(i) paragraph (b) of section 24(3); and

(ii) subsection (3) of section 30; and

(d) sections 28(1) and 33 apply to a person subject to extradition proceedings as they apply to an accused.

(2) Section 32 of this Act applies in relation to a refusal of bail, the amount of bail or a decision to allow bail or ordain appearance in proceedings under this Part as the Part applies by virtue of the sections of that Act of 2003 mentioned in subsection (1) above.

(3) The Scottish Ministers may, by order, for the purposes of section 9(2) or 77(2) of the Extradition Act 2003 make such amendments to this Part as they consider necessary or expedient.

(4) The order making power in subsection (3) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.”

Commencement Information

I247 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

200 Appeal against grant of bail E+W

(1) Section 1 of the Bail (Amendment) Act 1993 (c. 26) (prosecution right of appeal against grant of bail) is amended as follows.

(2) After subsection (1) insert—

“(1A) Where a magistrates' court grants bail to a person in connection with extradition proceedings, the prosecution may appeal to a judge of the Crown Court against the granting of bail.”

(3) In subsection (3) for “Such an appeal” substitute “ An appeal under subsection (1) or (1A) ”.

(4) In subsection (4)—

(a) after subsection (1) insert “ or (1A) ”;

(b) for “magistrates' court” substitute “ court which has granted bail ”;

(c) omit “such”.

(5) In subsection (5) for “magistrates' court” substitute “ court which has granted bail ”.

(6) In subsection (6) for “magistrates' court” substitute “ court which has granted bail ”.

(7) In subsection (8)—

(a) after “subsection (1)” insert “ or (1A) ”;

(b) omit “magistrates'”.

(8) In subsection (10)(b) for “reference in subsection (5) above to remand in custody is” substitute “ references in subsections (6) and (9) above to remand in custody are ”.

(9) After subsection (11) insert—

“(12) In this section—

“extradition proceedings” means proceedings under the Extradition Act 2003;

“magistrates' court” and “court” in relation to extradition proceedings means a District Judge (Magistrates' Courts) designated for the purposes of Part 1 or Part 2 of the Extradition Act 2003 by the Lord Chancellor;

“prosecution” in relation to extradition proceedings means the person acting on behalf of the territory to which extradition is sought.”

Commencement Information

I248 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

201 Remand to local authority accommodation E+W

(1) Section 23 of the Children and Young Persons Act 1969 (c. 54) (remand to local authority accommodation) is amended as set out in subsections (2) to (11).

(2) In subsection (1) after “following provisions of this section” insert “ (except subsection (1A)) ”.

(3) After subsection (1) insert—

“(1A) Where a court remands a child or young person in connection with extradition proceedings and he is not released on bail the remand shall be to local authority accommodation.”

(4) In subsection (4) after “subsections (5)” insert “ , (5ZA) ”.

(5) In subsection (5) after “security requirement” insert “ in relation to a person remanded in accordance with subsection (1) above ”.

(6) After subsection (5) insert—

“((5ZA)) A court shall not impose a security requirement in relation to a person remanded in accordance with subsection (1A) above unless—

(a) he has attained the age of twelve and is of a prescribed description;

(b) one or both of the conditions set out in subsection (5ZB) below is satisfied; and

(c) the condition set out in subsection (5AA) below is satisfied.

((5ZB)) The conditions mentioned in subsection (5ZA)(b) above are—

(a) that the conduct constituting the offence to which the extradition proceedings relate would if committed in the United Kingdom constitute an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more;

(b) that the person has previously absconded from the extradition proceedings or from proceedings in the United Kingdom or the requesting territory which relate to the conduct constituting the offence to which the extradition proceedings relate.

((5ZC)) For the purposes of subsection (5ZB) above a person has absconded from proceedings if in relation to those proceedings—

(a) he has been released subject to a requirement to surrender to custody at a particular time and he has failed to surrender to custody at that time, or

(b) he has surrendered into the custody of a court and he has at any timeabsented himself from the court without its leave.”

(7) In subsection (5AA) for “subsection (5)” substitute “ subsections (5) and (5ZA) ”.

(8) In subsection (12) for the definition of “relevant court”substitute—

““relevant court”—

(a) in relation to a person remanded to local authority accommodation under subsection (1) above, means the court by which he was so remanded, or any magistrates'court having jurisdiction in the place where he is for the time being;

(b) in relation to a person remanded to local authority accommodation under subsection (1A) above, means the court by which he was so remanded.”

(9) In subsection (12) in the appropriate places insert—

““extradition proceedings” means proceedings under the Extradition Act 2003;”;

““requesting territory” means the territory to which a person’s extradition is sought in extradition proceedings;”.

(10) In section 98(1)of the Crime and Disorder Act 1998 (c. 37) (modifications of section 23 of the Children and Young Persons Act 1969 (c. 54) in relation to 15 and 16 year old boys) after paragraph (b) insert “; and

(c) is not remanded in connection with proceedings under the Extradition Act 2003.”

Commencement Information

I249 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Evidence U.K.

Commencement Information

I250 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

202 Receivable documents U.K.

(1) A Part 1 warrant may be received in evidence in proceedings under this Act.

(2) Any other document issued in a category 1 territory may be received in evidence in proceedings under this Act if it is duly authenticated.

(3) A document issued in a category 2 territory may be received in evidence in proceedings under this Act if it is duly authenticated.

(4) A document issued in a category 1 or category 2 territory is duly authenticated if (and only if) one of these applies—

(a) it purports to be signed by a judge, magistrate or [F168 officer]F168 of the territory;

[F169 (aa) it purports to be certified, whether by seal or otherwise, by the Ministry or Department of the territory responsible for justice or for foreign affairs;]

F169 (b) it purports to be authenticated by the oath or affirmation of a witness.

(5) Subsections (2) and (3) do not prevent a document that is not duly authenticated from being received in evidence in proceedings under this Act.

Textual Amendments

F168 Words in s. 202(4)(a) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 26(a); S.I. 2006/3364, art. 2(d)(e)

F169 S. 202(4)(aa) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 26(b); S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I251 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

203 Documents sent by facsimile U.K.

(1) This section applies if a document to be sent in connection with proceedings under this Act is sent by facsimile transmission.

(2) This Act has effect as if the document received by facsimile transmission were the document used to make the transmission.

Commencement Information

I252 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[F170 204 Warrant issued by category 1 territory: transmission by other electronic means U.K.

(1) This section applies if—

(a) an arrest warrant is issued by an authority of a category 1 territory in a case in which an article 26 alert is issued,

(b) the information contained in the warrant and the alert are transmitted to the designated authority by electronic means, and

(c) that information is received by the designated authority in a qualifying form.

(2) This section also applies if—

(a) an arrest warrant is issued by an authority of a category 1 territory in a case in which no article 26 alert is issued,

(b) the information contained in the warrant is transmitted to the designated authority by electronic means, and

(c) that information is received by the designated authority in a qualifying form.

(3) The reference in section 2(2) to an arrest warrant issued by a judicial authority of a category 1 territory is to be read as if it were a reference to the information received by the designated authority.

(4) The references in section 63(1) to an arrest warrant are to be read as if they were references to the information received by the designated authority.

(5) For the purposes of subsection (1), a reference to the information contained in the article 26 alert includes a reference to any information sent with that information relating to the case in question.

(6) For the purposes of this section—

(a) an article 26 alert is an alert issued pursuant to article 26 of the Council Decision on the establishment, operation and use of the second generation Schengen Information System of 12 June 2007,

(b) references to information being transmitted by electronic means do not include facsimile transmission, and

(c) information is received in a qualifying form if it is received in a form in which it is intelligible and which is capable of being used for subsequent reference.F170 ]

Textual Amendments

F170 S. 204 substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 67, 116; S.I. 2009/3096, art. 3(j) (with art. 4)

Commencement Information

I253 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

205 Written statements and admissions E+W+N.I.

(1) The provisions mentioned in subsection (2) apply in relation to proceedings under this Act as they apply in relation to proceedings for an offence.

(2) The provisions are—

(a) section 9 of the Criminal Justice Act 1967 (c. 80) (proof by written statement in criminal proceedings);

(b) section 10 of the Criminal Justice Act 1967 (proof by formal admission in criminal proceedings);

(c) section 1 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (c. 28) (proof by written statement in criminal proceedings);

(d) section 2 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (proof by formal admission in criminal proceedings).

(3) As applied by subsection (1) in relation to proceedings under this Act, section 10 of the Criminal Justice Act 1967 and section 2 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 have effect as if—

(a) references to the defendant were to the person whose extradition is sought (or who has been extradited);

(b) references to the prosecutor were to the category 1 or category 2 territory concerned;

(c) references to the trial were to the proceedings under this Act for the purposes of which the admission is made;

(d) references to subsequent criminal proceedings were to subsequent proceedings under this Act.

Commencement Information

I254 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

206 Burden and standard of proof U.K.

(1) This section applies if, in proceedings under this Act, a question arises as to burden or standard of proof.

(2) The question must be decided by applying any enactment or rule of law that would apply if the proceedings were proceedings for an offence.

(3) Any enactment or rule of law applied under subsection (2) to proceedings under this Act must be applied as if—

(a) the person whose extradition is sought (or who has been extradited) were accused of an offence;

(b) the category 1 or category 2 territory concerned were the prosecution.

(4) Subsections (2) and (3) are subject to any express provision of this Act.

(5) In this section “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

Commencement Information

I255 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[F171 Live links U.K.

Textual Amendments

F171 Ss. 206A-206C inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 78, 116; S.I. 2009/3096, art. 3(u)

206A Use of live links at certain hearings U.K.

(1) This section applies in relation to—

(a) a hearing before the appropriate judge in proceedings under Part 1, other than—

(i) an extradition hearing within the meaning of that Part;

(ii) a hearing under section 54 or 56, and

(b) a hearing before the appropriate judge in proceedings under Part 2, other than an extradition hearing within the meaning of that Part.

(2) If satisfied that the person affected by an extradition claim is likely to be in custody during the hearing, the appropriate judge may give a live link direction at any time before the hearing.

(3) A live link direction is a direction that, if the person is being held in custody at the time of the hearing, any attendance at the hearing is to be through a live link from the place at which the person is held.

(4) Such a direction—

(a) may be given on the appropriate judge's own motion or on the application of a party to the proceedings, and

(b) may be given in relation to all subsequent hearings to which this section applies, or to such hearing or hearings to which this section applies as may be specified or described in the direction.

(5) The appropriate judge may give such a direction only if satisfied that it is not contrary to the interests of justice to give the direction.

(6) A person affected by an extradition claim is to be treated as present in court when, by virtue of a live link direction, the person attends a hearing through a live link.

206B Live links: supplementary U.K.

(1) The appropriate judge may rescind a live link direction at any time before or during a hearing to which it relates.

(2) The appropriate judge must not give a live link direction or rescind such a direction unless the parties to the proceedings have been given the opportunity to make representations.

(3) If a hearing takes place in relation to the giving or rescinding of a live link direction, the appropriate judge may require or permit any party to the proceedings who wishes to make representations to do so through a live link.

(4) If in a case where an appropriate judge has power to give a live link direction but decides not to do so, the appropriate judge must—

(a) state in open court the reasons for not doing so, and

(b) cause those reasons to be entered in the register of proceedings.

(5) Subsection (7) applies if—

(a) an application for a live link direction is made under section 206A(4) in relation to a qualifying hearing but the application is refused, or

(b) a live link direction is given in relation to a qualifying hearing but the direction is rescinded before the hearing takes place.

(6) A hearing is a qualifying hearing—

(a) in relation to proceedings under Part 1, if it is a hearing by virtue of which section 4(3) would be complied with;

(b) in relation to proceedings under Part 2, if it is a hearing by virtue of which section 72(3) or 74(3) would be complied with.

(7) The requirement in section 4(3), 72(3) or 74(3) (as the case requires) to bring the person as soon as practicable before the appropriate judge is to be read as a requirement to bring the person before that judge as soon as practicable after the application is refused or the direction is rescinded.

206C Live links: interpretation U.K.

(1) This section applies for the purposes of section 206A and subsections (2) and (3) also apply for the purposes of section 206B.

(2) In relation to proceedings under Part 1, section 67 applies for determining the appropriate judge.

(3) In relation to proceedings under Part 2, section 139 applies for determining the appropriate judge.

(4) A person is affected by an extradition claim if—

(a) a Part 1 warrant is issued in respect of the person;

(b) the person is arrested under section 5;

(c) a request for the person's extradition is made; or

(d) a warrant under section 73 is issued in respect of the person.

(5) References to being in custody include—

(a) in England and Wales, references to being in police detention within the meaning of the Police and Criminal Evidence Act 1984;

(b) in Northern Ireland, references to being in police detention within the meaning of the Police and Criminal Evidence (Northern Ireland) Order 1989;

(c) in Scotland, references to detention under section 14 of the Criminal Procedure (Scotland) Act 1995.

(6) “Live link” means an arrangement by which a person, while absent from the place where the hearing is being held, is able—

(a) to see and hear the appropriate judge, and other persons,

(b) to be seen and heard by the judge, other persons,

and for this purpose any impairment of eyesight or hearing is to be disregarded.]

Other miscellaneous provisions U.K.

Commencement Information

I256 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

207 Extradition for more than one offence U.K.

The Secretary of State may by order provide for this Act to have effect with specified modifications in relation to a case where—

(a) a Part 1 warrant is issued in respect of more than one offence;

(b) a request for extradition is made in respect of more than one offence.

Commencement Information

I257 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

208 National security U.K.

(1) This section applies if the Secretary of State believes that the conditions in subsections (2) to (4) are satisfied in relation to a person.

(2) The first condition is that the person’s extradition is sought or will be sought under Part 1 or Part 2 in respect of an offence.

(3) The second condition is that—

(a) in engaging in the conduct constituting (or alleged to constitute) the offence the person was acting for the purpose of assisting in the exercise of a function conferred or imposed by or under an enactment, or

(b) as a result of an authorisation given by the Secretary of State the person is not liable under the criminal law of any part of the United Kingdom for the conduct constituting (or alleged to constitute) the offence.

(4) The third condition is that the person’s extradition in respect of the offence would be against the interests of national security.

(5) The Secretary of State may certify that the conditions in subsections (2) to (4) are satisfied in relation to the person.

(6) If the Secretary of State issues a certificate under subsection (5) he may—

(a) direct that a Part 1 warrant issued in respect of the person and in respect of the offence is not to be proceeded with, or

(b) direct that a request for the person’s extradition in respect of the offence is not to be proceeded with.

(7) If the Secretary of State issues a certificate under subsection (5) he may order the person’s discharge (instead of or in addition to giving a direction under subsection (6)).

(8) These rules apply if the Secretary of State gives a direction under subsection (6)(a) in respect of a warrant—

(a) if the designated authority has not issued a certificate under section 2 in respect of the warrant it must not do so;

(b) if the person is arrested under the warrant or under section 5 there is no requirement for him to be brought before the appropriate judge and he must be discharged;

(c) if the person is brought before the appropriate judge under section 4 or 6 the judge is no longer required to proceed or continue proceeding under sections 7 and 8;

(d) if the extradition hearing has begun the judge is no longer required to proceed or continue proceeding under sections 10 to 25;

(e) if the person has consented to his extradition, the judge is no longer required to order his extradition;

(f) if an appeal to the High Court or [F172 Supreme Court]F172 has been brought, the court is no longer required to hear or continue hearing the appeal;

(g) if the person’s extradition has been ordered there is no requirement for him to be extradited.

(9) These rules apply if the Secretary of State gives a direction under subsection (6)(b) in respect of a request—

(a) if he has not issued a certificate under section 70 in respect of the request he is no longer required to do so;

(b) if the person is arrested under a warrant issued under section 71 or under a provisional warrant there is no requirement for him to appear or be brought before the appropriate judge and he must be discharged;

(c) if the person appears or is brought before the appropriate judge the judge is no longer required to proceed or continue proceeding under sections 72, 74, 75 and 76;

(d) if the extradition hearing has begun the judge is no longer required to proceed or continue proceeding under sections 78 to 91;

(e) if the person has given his consent to his extradition to the appropriate judge, the judge is no longer required to send the case to the Secretary of State for his decision whether the person is to be extradited;

(f) if an appeal to the High Court or [F172 Supreme Court]F172 has been brought, the court is no longer required to hear or continue hearing the appeal;

(g) if the person’s extradition has been ordered there is no requirement for him to be extradited.

(10) These must be made under the hand of the Secretary of State—

(a) a certificate under subsection (5);

(b) a direction under subsection (6);

(c) an order under subsection (7).

(11) The preceding provisions of this section apply to Scotland with these modifications—

(a) in subsection (9)(a) for “he has” substitute “ the Scottish Ministers have ” and for “he is” substitute “ they are ”;

(b) in subsection (9)(e) for “Secretary of State for his” substitute “ Scottish Ministers for their ”.

(12) In subsection (3) the reference to an enactment includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

Textual Amendments

F172 Words in s. 208 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(4)(o); S.I. 2009/1604, art. 2(d)

Commencement Information

I258 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

209 Reasonable force U.K.

A person may use reasonable force, if necessary, in the exercise of a power conferred by this Act.

Commencement Information

I259 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

210 Rules of court U.K.

(1) Rules of court may make provision as to the practice and procedure to be followed in connection with proceedings under this Act.

(2) In Scotland any rules of court under this Act are to be made by Act of Adjournal.

Commencement Information

I260 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

211 Service of notices U.K.

Service of a notice on a person under section 54, 56, 58, 129, 130 or 131 may be effected in any of these ways—

(a) by delivering the notice to the person;

(b) by leaving it for him with another person at his last known or usual place of abode;

(c) by sending it by post in a letter addressed to him at his last known or usual place of abode.

Commencement Information

I261 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

212 Article 95 alerts: transitional provision U.K.

[F173 (1) This section applies in a case where an article 95 alert is issued at the request of an authority of a category 1 territory.

(2) The reference in section 2(2) to an arrest warrant issued by a judicial authority of a category 1 territory is to be read—

(a) as if it were a reference to the alert issued at the request of the authority, and

(b) as if the alert included any information sent with it which relates to the case.

(2A) The references in section 63(1) to an arrest warrant are to be read in accordance with paragraphs (a) and (b) of subsection (2) above.]

F173 (3) [F174 In consequence of]F174 subsection (2), this Act has effect with these modifications—

(a) in sections 2(7) and (8), 28(1), 30(1) and (4)(d), 32(2)(b), 33(6)(b), 35(4)(b), 36(3)(b), 47(3)(b), 49(3)(b), 190(3) and 191(2)(a) for “authority which issued the Part 1 warrant” substitute “ authority at the request of which the alert was issued ”;

(b) omit section 5;

(c) in sections 33(4)(b), 42(2)(a), 43(2)(a) and (4) and 61(1)(d) and (e), for “authority which issued the warrant” substitute “ authority at the request of which the alert was issued ”;

(d) in section 66(2), for the words from “believes” to the end substitute “ believes is the authority at the request of which the alert was issued ”.

(4) An article 95 alert is an alert issued pursuant to article 95 of the Convention implementing the Schengen agreement of 14th June 1985.

Textual Amendments

F173 S. 212(1)-(2A) substituted (25.1.2010) for s. 212(1)(2) by Policing and Crime Act 2009 (c. 26), ss. 68(2), 116; S.I. 2009/3096, art. 3(k) (with art. 4)

F174 Words in s. 212(3) substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 68(3), 116; S.I. 2009/3096, art. 3(k) (with art. 4)

Commencement Information

I262 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Interpretation U.K.

Commencement Information

I263 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

213 Disposal of Part 1 warrant and extradition request U.K.

(1) A Part 1 warrant issued in respect of a person is disposed of—

(a) when an order is made for the person’s discharge in respect of the warrant and there is no further possibility of an appeal;

(b) when the person is taken to be discharged in respect of the warrant;

(c) when an order is made for the person’s extradition in pursuance of the warrant and there is no further possibility of an appeal.

(2) A request for a person’s extradition is disposed of—

(a) when an order is made for the person’s discharge in respect of the request and there is no further possibility of an appeal;

(b) when the person is taken to be discharged in respect of the request;

(c) when an order is made for the person’s extradition in pursuance of the request and there is no further possibility of an appeal.

(3) There is no further possibility of an appeal against an order for a person’s discharge or extradition—

(a) when the period permitted for giving notice of an appeal to the High Court ends, if notice is not given before the end of that period;

(b) when the decision of the High Court on an appeal becomes final, if there is no appeal to the [F175 Supreme Court]F175 against that decision;

(c) when the decision of the [F175 Supreme Court]F175 on an appeal is made, if there is such an appeal.

(4) The decision of the High Court on an appeal becomes final—

(a) when the period permitted for applying to the High Court for leave to appeal to the [F175 Supreme Court]F175 ends, if there is no such application;

(b) when the period permitted for applying to the [F175 Supreme Court]F175 for leave to appeal to it ends, if the High Court refuses leave to appeal and there is no application to the [F175 Supreme Court]F175 for leave to appeal;

(c) when the [F175 Supreme Court]F175 refuses leave to appeal to it;

(d) at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the [F175 Supreme Court]F175 is granted, if no such appeal is brought before the end of that period.

(5) These must be ignored for the purposes of subsections (3) and (4)—

(a) any power of a court to extend the period permitted for giving notice of appeal or for applying for leave to appeal;

(b) any power of a court to grant leave to take a step out of time.

(6) Subsections (3) to (5) do not apply to Scotland.

Textual Amendments

F175 Words in s. 213 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(4)(p); S.I. 2009/1604, art. 2(d)

Commencement Information

I264 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

214 Disposal of charge U.K.

(1) A charge against a person is disposed of—

(a) if the person is acquitted in respect of it, when he is acquitted;

(b) if the person is convicted in respect of it, when there is no further possibility of an appeal against the conviction.

(2) There is no further possibility of an appeal against a conviction—

(a) when the period permitted for giving notice of application for leave to appeal to the Court of Appeal against the conviction ends, if the leave of the Court of Appeal is required and no such notice is given before the end of that period;

(b) when the Court of Appeal refuses leave to appeal against the conviction, if the leave of the Court of Appeal is required and notice of application for leave is given before the end of that period;

(c) when the period permitted for giving notice of appeal to the Court of Appeal against the conviction ends, if notice is not given before the end of that period;

(d) when the decision of the Court of Appeal on an appeal becomes final, if there is no appeal to the [F176 Supreme Court]F176 against that decision;

(e) when the decision of the [F176 Supreme Court]F176 on an appeal is made, if there is such an appeal.

(3) The decision of the Court of Appeal on an appeal becomes final—

(a) when the period permitted for applying to the Court of Appeal for leave to appeal to the [F176 Supreme Court]F176 ends, if there is no such application;

(b) when the period permitted for applying to the [F176 Supreme Court]F176 for leave to appeal to it ends, if the Court of Appeal refuses leave to appeal and there is no application to the [F176 Supreme Court]F176 for leave to appeal;

(c) when the [F176 Supreme Court]F176 refuses leave to appeal to it;

(d) at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the [F176 Supreme Court]F176 is granted, if no such appeal is brought before the end of that period.

(4) These must be ignored for the purposes of subsections (2) and (3)—

(a) any power of a court to extend the period permitted for giving notice of appeal or of application for leave to appeal or for applying for leave to appeal;

(b) any power of a court to grant leave to take a step out of time.

(5) Subsections (2) to (4) do not apply to Scotland.

Textual Amendments

F176 Words in s. 214 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(4)(q); S.I. 2009/1604, art. 2(d)

Commencement Information

I265 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

215 European framework list U.K.

(1) The European framework list is the list of conduct set out in Schedule 2.

(2) The Secretary of State may by order amend Schedule 2 for the purpose of ensuring that the list of conduct set out in the Schedule corresponds to the list of conduct set out in article 2.2 of the European framework decision.

(3) The European framework decision is the framework decision of the Council of the European Union made on 13 June 2002 on the European arrest warrant and the surrender procedures between member states (2002/584/JHA).

Commencement Information

I266 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

216 Other interpretative provisions U.K.

(1) References to a category 1 territory must be read in accordance with section 1.

(2) References to a category 2 territory must be read in accordance with section 69.

(3) References to the designated authority must be read in accordance with section 2(9).

(4) References to a Part 1 warrant must be read in accordance with section 2.

(5) References to a Part 3 warrant must be read in accordance with section 142.

(6) References to a valid request for a person’s extradition must be read in accordance with section 70.

[F177 (6A) References to releasing a person from detention pursuant to a sentence do not include releasing a person temporarily on licence pursuant to an intermittent custody order under section 183(1)(b) of the Criminal Justice Act 2003.]

F177 (7) “Asylum claim” has the meaning given by section 113(1) of the Nationality, Immigration and Asylum Act 2002 (c. 41).

[F178 (7A) “Civilian subject to service discipline” has the same meaning as in the Armed Forces Act 2006.]

F178 (8) A customs officer is a person commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979 (c. 2).

(9) “High Court” in relation to Scotland means the High Court of Justiciary.

(10) In relation to Scotland, references to an appeal being discontinued are to be construed as references to its being abandoned.

(11) “Police officer” in relation to Northern Ireland has the same meaning as in the Police (Northern Ireland) Act 2000 (c. 32).

(12) A provisional warrant is a warrant issued under section 73(3).

[F179 (13) “Service policeman” means anyone who is, or by reason of section 375(5) of the Armed Forces Act 2006 is to be treated as, a service policeman for the purposes of that Act.

(13A) “Subject to service law” has the same meaning as in that Act.]

F179 (15) This section and sections 213 to 215 apply for the purposes of this Act.

Textual Amendments

F177 S. 216(6A) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 71(10), 116; S.I. 2009/3096, art. 3(n) (with art. 4)

F178 S. 216(7A) inserted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 205(a); S.I. 2009/812, art. 3 (with transitional provisions (24.4.2009 for certain purposes otherwise 31.10.2009) in S.I. 2009/1059); S.I. 2009/1167, art. 4

F179 S. 216(13)(13A) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) for s. 216(13)(14) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 205(b); S.I. 2009/812, art. 3 (with transitional provisions (24.4.2009 for certain purposes otherwise 31.10.2009) in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I267 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

General U.K.

217 Form of documents U.K.

The Secretary of State may by regulations prescribe the form of any document required for the purposes of this Act.

Commencement Information

I268 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

218 Existing legislation on extradition U.K.

These Acts shall cease to have effect—

(a) the Backing of Warrants (Republic of Ireland) Act 1965 (c. 45);

(b) the Extradition Act 1989 (c. 33).

Commencement Information

I269 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

219 Amendments U.K.

(1) Schedule 3 contains miscellaneous and consequential amendments.

(2) The Secretary of State may by order make—

(a) any supplementary, incidental or consequential provision, and

(b) any transitory, transitional or saving provision,

which he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to any provision of this Act.

(3) An order under subsection (2) may, in particular—

(a) provide for any provision of this Act which comes into force before another such provision has come into force to have effect, until that other provision has come into force, with such modifications as are specified in the order, and

(b) amend, repeal or revoke any enactment other than one contained in an Act passed in a Session after that in which this Act is passed.

(4) The amendments that may be made under subsection (3)(b) are in addition to those made by or under any other provision of this Act.

Commencement Information

I270 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

220 Repeals U.K.

Schedule 4 contains repeals.

Commencement Information

I271 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

221 Commencement U.K.

The preceding provisions of this Act come into force in accordance with provision made by the Secretary of State by order.

Subordinate Legislation Made

P1 S. 221 power fully exercised: 1.1.2004 appointed by {S.I. 2003/3103}, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3312 and S.I. 2003/3258)

222 Channel Islands and Isle of Man U.K.

An Order in Council may provide for this Act to extend to any of the Channel Islands or the Isle of Man with the modifications (if any) specified in the Order.

223 Orders and regulations U.K.

(1) References in this section to subordinate legislation are to—

(a) an order of the Secretary of State under this Act (other than an order within subsection (2));

(b) an order of the Treasury under this Act;

(c) regulations under this Act.

(2) The orders referred to in subsection (1)(a) are—

(a) an order for a person’s extradition or discharge;

(b) an order deferring proceedings on a warrant or request;

(c) an order deferring a person’s extradition in pursuance of a warrant or request.

(3) Subordinate legislation—

(a) may make different provision for different purposes;

(b) may include supplementary, incidental, saving or transitional provisions.

(4) A power to make subordinate legislation is exercisable by statutory instrument.

(5) No order mentioned in subsection (6) may be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

(6) The orders are—

(a) an order under any of these provisions—

• section 1(1);

• section 69(1);

• section 71(4);

• section 73(5);

• section 74(11)(b);

• section 84(7);

• section 86(7);

• section 142(9);

• section 173(4);

• section 215(2);

(b) an order under section 219(2) which contains any provision (whether alone or with other provisions) amending or repealing any Act or provision of an Act.

(7) A statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament if it contains subordinate legislation other than an order mentioned in subsection (6) or an order under section 221.

(8) A territory may be designated by being named in an order made by the Secretary of State under this Act or by falling within a description set out in such an order.

(9) An order made by the Secretary of State under section 1(1) or 69(1) may provide that this Act has effect in relation to a territory designated by the order with specified modifications.

224 Orders in Council U.K.

(1) An Order in Council under section 177 or 178 is subject to annulment in pursuance of a resolution of either House of Parliament.

(2) An Order in Council under this Act—

(a) may make different provision for different purposes;

(b) may include supplementary, incidental, saving or transitional provisions.

225 Finance U.K.

The following are to be paid out of money provided by Parliament—

(a) any expenditure incurred by the Lord Chancellor under this Act;

(b) any increase attributable to this Act in the sums payable out of money provided by Parliament under any other enactment.

226 Extent U.K.

(1) Sections 157 to 160, 166 to 168, 171, 173 and 205 do not extend to Scotland.

(2) Sections 154, 198, 200 and 201 extend to England and Wales only.

(3) Sections 183 and 199 extend to Scotland only.

(4) Sections 184 and 185 extend to Northern Ireland only.

227 Short title U.K.

This Act may be cited as the Extradition Act 2003.