Extradition Act 2003

Commencement Information

I1Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

SCHEDULES

[F1SCHEDULE A1U.K.Specified category 2 territories

  • Australia

  • [F2Austria]

  • [F2Belgium]

  • [F2Bulgaria]

  • Canada

  • [F2Croatia]

  • [F2Cyprus]

  • [F2Czech Republic]

  • [F2Denmark]

  • [F2Estonia]

  • [F2Finland]

  • [F2France]

  • [F2Germany]

  • [F2Greece]

  • [F2Hungary]

  • [F2Iceland]

  • [F2Ireland]

  • [F2Italy]

  • [F2Latvia]

  • Liechtenstein

  • [F2Lithuania]

  • [F2Luxembourg]

  • [F2Malta]

  • [F2The Netherlands]

  • New Zealand

  • [F2Norway]

  • [F2Poland]

  • [F2Portugal]

  • [F2Romania]

  • [F2Slovakia]

  • [F2Slovenia]

  • [F2Spain]

  • [F2Sweden]

  • Switzerland

  • The United States of America.]

Textual Amendments

F2Words in Sch. A1 inserted (31.12.2020 immediately after IP completion day in relation to Iceland and Norway) by Extradition (Provisional Arrest) Act 2020 (c. 18), s. 2(4), Sch. para. 4 (with Sch. para. 5); S.I. 2020/1652, reg. 2(2)

Sections 188 and 189

SCHEDULE 1U.K.Re-extradition: modifications

Commencement Information

I2Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 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 1U.K.Category 1 territories

Commencement Information

I3Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

1U.K.In section 11(1), omit paragraphs (c), (g) and (h).

Commencement Information

I4Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

2U.K.Omit sections 14, 18 and 19.

Commencement Information

I5Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

3U.K.In section 21(3) [F3and section 21A(5)], for “must” substitute “ may ”.

Textual Amendments

Commencement Information

I6Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

4U.K.In section 31(2), for paragraphs (a) and (b) substitute “ would (apart from section 187(1)) be released from detention pursuant to the UK sentence (whether or not on licence) ”.

Commencement Information

I7Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

5U.K.In section 39(2)(a), for “a certificate is issued under section 2 in respect of the warrant” substitute “ the person would (apart from section 187(1)) be released from detention pursuant to the UK sentence (whether or not on licence) ”.

Commencement Information

I8Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

6U.K.In section 44(2)(a), for “following his arrest under this Part” substitute “ under section 187(1) ”.

Commencement Information

I9Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

7U.K.In section 45(1), for the words from “arrested” to “issued” substitute “ brought before the appropriate judge under section 187(1) may consent to his extradition to the territory in which the overseas sentence was imposed ”.

Commencement Information

I10Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 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 2U.K.Category 2 territories

Commencement Information

I11Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

8U.K.In section 78, omit subsections (2), (3), (5) and (8).

Commencement Information

I12Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

9U.K.In section 78, for subsection (4) substitute—

(4)The judge must decide whether the offence specified in the request is an extradition offence.

Commencement Information

I13Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

10U.K.In section 78(6), for “any of the questions” substitute “ the question ”.

Commencement Information

I14Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

11U.K.In section 78(7), for “those questions” substitute “ that question ”.

Commencement Information

I15Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

12U.K.In section 79(1), omit paragraph (c).

Commencement Information

I16Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

13U.K.Omit section 82.

Commencement Information

I17Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

14U.K.In section 87(3), for the words from “must send the case” to “extradited” substitute “ may order the person to be extradited to the category 2 territory ”.

Commencement Information

I18Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

15U.K.In section 87, after subsection (3) insert—

(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 territory.

(5)[F4If the person is remanded in custody, the appropriate judge may]F4 later grant bail.

Textual Amendments

F4Words in Sch. 1 para. 15 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

I19Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

16U.K.In section 103(1)—

(a)for the words from “sends a case” to “extradited” substitute “ orders a person’s extradition under this Part ”; and

(b)for “the relevant decision” substitute “ the order ”.

Commencement Information

I20Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

17U.K.In section 103(2), for the words from “the person” to “the Secretary of State” substitute “ the order is made under section 128 ”.

Commencement Information

I21Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

18U.K.In section 103, omit subsections (3), (5), (6), (7) and (8).

Commencement Information

I22Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

19U.K.In section 103(9), for the words from “the Secretary of State” to “person” substitute “ the order is made ”.

Commencement Information

I23Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

20U.K.In section 104, omit subsections (1)(b), (6) and (7).

Commencement Information

I24Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

21U.K.In section 106, omit subsections (1)(b), (7) and (8).

Commencement Information

I25Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

22U.K.In section 117(1)(a), for “the Secretary of State” substitute “ the appropriate judge ”.

Commencement Information

I26Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

23U.K.In section 117(1)(b), for the words from “permitted period” to “extradition” substitute “ period permitted under that section ”.

Commencement Information

I27Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

24U.K.In section 117, after subsection (1) insert—

(1A)But this section does not apply if the order is made under section 128.

Commencement Information

I28Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

25U.K.In section 117(2), for “the Secretary of State” substitute “ the judge ”.

Commencement Information

I29Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

26U.K.In section 119(1)(a), for “the Secretary of State” substitute “ the appropriate judge ”.

Commencement Information

I30Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

27U.K.In section 119, in subsections (2) to (6) and in each place in subsection (7), for “the Secretary of State” substitute “ the judge ”.

Commencement Information

I31Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

28U.K.In section 120, after subsection (1) insert—

(1A)But this section does not apply if the order for the person’s extradition is made under section 128.

Commencement Information

I32Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

29U.K.In section 121(2)(a), for “a certificate is issued under section 70 in respect of the request” substitute “ the person would (apart from section 187(1)) be released from detention pursuant to the UK sentence (whether or not on licence) ”.

Commencement Information

I33Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

30U.K.In section 127(1), for the words from “arrested” to “requested” substitute “ brought before the appropriate judge under section 187(1) may consent to his extradition to the territory in which the overseas sentence was imposed ”.

Commencement Information

I34Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

31U.K.In section 127(3), before paragraph (a) insert—

(aa)must be given before the appropriate judge;.

Commencement Information

I35Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

32U.K.In section 127, omit subsections (4) and (5).

Commencement Information

I36Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

33U.K.In section 128, after subsection (1) insert—

(1A)The judge must remand the person in custody or on bail.

(1B)[F5If the person is remanded in custody, the appropriate judge may]F5 later grant bail.

Textual Amendments

F5Words in Sch. 1 para. 33 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

I37Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

34U.K.In section 128(4), for the words from “send the case” to “extradited” substitute “ within the period of 10 days starting with the day on which consent is given order the person’s extradition to the category 2 territory ”.

Commencement Information

I38Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

35U.K.In section 128, after subsection (5) insert—

(6)Subsection (4) has effect subject to section 128B.

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

Commencement Information

I39Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

36U.K.After section 128 insert—

128AExtradition to category 2 territory following consent

(1)This section applies if the appropriate judge makes an order under section 128(4) for a person’s extradition to a category 2 territory.

(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 order is made.

(3)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.

128BExtradition claim following consent

(1)This section applies if—

(a)a person consents under section 127 to his extradition to a category 2 territory, and

(b)before the judge orders his extradition under section 128(4), 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.

(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.

(4)The judge must not make an order under section 128(4) until he is informed what order has been made under section 126(2) or 179(2).

(5)If the order under section 126(2) or 179(2) is for further proceedings on the request under consideration to be deferred until the other request, or the warrant, has been disposed of, the judge must remand the person in custody or on bail.

(6)[F6If the person is remanded in custody, the appropriate judge may]F6 later grant bail.

(7)If—

(a)the order under section 126(2) or 179(2) is for further proceedings on the request under consideration to be deferred until the other request, or the warrant, has been disposed of, and

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

the period specified in section 128(4) must be taken to be 10 days starting with the day on which the order under section 180 is made.

(8)If the order under section 126(2) or 179(2) is for further proceedings on the other request, or the warrant, to be deferred until the request under consideration has been disposed of, the period specified in section 128(4) must be taken to be 10 days starting with the day on which the judge is informed of the order.

128CExtradition following deferral for competing claim

(1)This section applies if—

(a)an order is made under section 128(4) 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)The required period for the purposes of section 128A(2) is 28 days starting with the day on which the order under section 181(2) is made.

Textual Amendments

F6Words in Sch. 1 para. 36 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

I40Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Section 215

SCHEDULE 2U.K. [F7Trade and Cooperation Agreement] list

Textual Amendments

Commencement Information

I41Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

1U.K.Participation in a criminal organisation.

Commencement Information

I42Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

2U.K.Terrorism.

Commencement Information

I43Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

3U.K.Trafficking in human beings.

Commencement Information

I44Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

4U.K.Sexual exploitation of children and child pornography.

Commencement Information

I45Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

5U.K.Illicit trafficking in narcotic drugs and psychotropic substances.

Commencement Information

I46Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

6U.K.Illicit trafficking in weapons, munitions and explosives.

Commencement Information

I47Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

7U.K.Corruption [F8, including bribery].

Textual Amendments

Commencement Information

I48Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

8U.K.Fraud, including that affecting the financial interests of [F9the European Union] within the meaning of the Convention of 26 July 1995 on the protection of [F9the European Union] financial interests.

Textual Amendments

Commencement Information

I49Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

9U.K.Laundering of the proceeds of crime.

Commencement Information

I50Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

10U.K.Counterfeiting currency, including of the euro.

Commencement Information

I51Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

11U.K.Computer-related crime.

Commencement Information

I52Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

12U.K.Environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties.

Commencement Information

I53Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

13U.K.Facilitation of unauthorised entry and residence.

Commencement Information

I54Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

14U.K.Murder, grievous bodily injury.

Commencement Information

I55Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

15U.K.Illicit trade in human organs and tissue.

Commencement Information

I56Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

16U.K.Kidnapping, illegal restraint and hostage-taking.

Commencement Information

I57Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

17U.K.Racism and xenophobia.

Commencement Information

I58Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

18U.K.Organised or armed robbery.

Commencement Information

I59Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

19U.K.Illicit trafficking in cultural goods, including antiques and works of art.

Commencement Information

I60Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

20U.K.Swindling.

Commencement Information

I61Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

21U.K.Racketeering and extortion.

Commencement Information

I62Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

22U.K.Counterfeiting and piracy of products.

Commencement Information

I63Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

23U.K.Forgery of administrative documents and trafficking therein.

Commencement Information

I64Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

24U.K.Forgery of means of payment.

Commencement Information

I65Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

25U.K.Illicit trafficking in hormonal substances and other growth promoters.

Commencement Information

I66Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

26U.K.Illicit trafficking in nuclear or radioactive materials.

Commencement Information

I67Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

27U.K.Trafficking in stolen vehicles.

Commencement Information

I68Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

28U.K.Rape.

Commencement Information

I69Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

29U.K.Arson.

Commencement Information

I70Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

30U.K.Crimes within the jurisdiction of the International Criminal Court.

Commencement Information

I71Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

31U.K.Unlawful seizure of [F10aircraft/ships/spacecraft].

Textual Amendments

Commencement Information

I72Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

32U.K.Sabotage.

Commencement Information

I73Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Section 219

SCHEDULE 3U.K.Amendments

Commencement Information

I74Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

IntroductionU.K.

Commencement Information

I75Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

1U.K.The amendments specified in this Schedule shall have effect.

Commencement Information

I76Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Parliamentary Commissioner Act 1967 (c. 13)U.K.

Commencement Information

I77Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

2U.K.In Schedule 3 to the Parliamentary Commissioner Act 1967 (c. 13) (matters not subject to investigation) for paragraph 4 substitute—

4Action taken by the Secretary of State under the Extradition Act 2003.

Commencement Information

I78Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Criminal Justice Act 1967 (c. 80)U.K.

Commencement Information

I79Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

3U.K.Section 34 of the Criminal Justice Act 1967 (c. 80) (committal of persons under twenty-one accused of extradition crimes) shall cease to have effect.

Commencement Information

I80Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Suppression of Terrorism Act 1978 (c. 26)U.K.

Commencement Information

I81Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

4U.K.Sections 1 (offences not to be regarded as of a political character) and 2 (restrictions on return of criminal under Extradition Act 1870 or to Republic of Ireland) of the Suppression of Terrorism Act 1978 (c. 26) shall cease to have effect.

Commencement Information

I82Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

5U.K.For section 5 of the Suppression of Terrorism Act 1978 substitute—

5Power to apply section 4 to non-convention countries

(1)The Secretary of State may by order direct that section 4 above shall apply in relation to a country falling within subsection (2) below as it applies in relation to a convention country, subject to the exceptions (if any) specified in the order.

(2)A country falls within this subsection if—

(a)it is not a convention country; and

(b)it is a category 1 territory or a category 2 territory within the meaning of the Extradition Act 2003.

Commencement Information

I83Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Criminal Justice (International Co-operation) Act 1990 (c. 5)U.K.

Commencement Information

I84Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

6U.K.Section 22(1) of the Criminal Justice (International Co-operation) Act 1990 (c. 5) (offences to which an Order in Council under the Extradition Act 1870 can apply) shall cease to have effect.

Commencement Information

I85Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Computer Misuse Act 1990 (c. 18)U.K.

Commencement Information

I86Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

7U.K.Section 15 of the Computer Misuse Act 1990 (c. 18) (extradition where Schedule 1 to the Extradition Act 1989 applies) shall cease to have effect.

Commencement Information

I87Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Aviation and Maritime Security Act 1990 (c. 31)U.K.

Commencement Information

I88Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

8U.K.Section 49 of the Aviation and Maritime Security Act 1990 (c. 31) (extradition by virtue of Orders in Council under Extradition Act 1870) shall cease to have effect.

Commencement Information

I89Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Criminal Justice Act 1991 (c. 53)U.K.

Commencement Information

I90Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

9U.K.In section 47 of the Criminal Justice Act 1991 (c. 53) (persons extradited to the United Kingdom) subsection (4) shall cease to have effect.

Commencement Information

I91Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

United Nations Personnel Act 1997 (c. 13)U.K.

Commencement Information

I92Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

10U.K.Section 6(1) of the United Nations Personnel Act 1997 (c. 13) (offences to which an Order in Council under section 2 of the Extradition Act 1870 can apply) shall cease to have effect.

Commencement Information

I93Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Terrorism Act 2000 (c. 11)U.K.

Commencement Information

I94Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

11U.K.Section 64(5) of the Terrorism Act 2000 (c. 11) (offences to which an Order in Council under section 2 of the Extradition Act 1870 can apply) shall cease to have effect.

Commencement Information

I95Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

International Criminal Court Act 2001 (c. 17)U.K.

Commencement Information

I96Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

12U.K.Section 71 of the International Criminal Court Act 2001 (c. 17) (extradition: Orders in Council under the Extradition Act 1870) shall cease to have effect.

Commencement Information

I97Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 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(1)Part 2 of Schedule 2 to the International Criminal Court Act 2001 (delivery up to International Criminal Court of persons subject to extradition proceedings) is amended as follows.U.K.

(2)For paragraph 7 (meaning of “extradition proceedings”) substitute—

7In this Part of this Schedule “extradition proceedings” means proceedings before a court or judge in the United Kingdom under the Extradition Act 2003.

(3)In paragraph 8 (extradition proceedings in England and Wales or Northern Ireland) after sub-paragraph (5) add—

(6)References in this paragraph to a court include references to a judge.

(4)In paragraph 9 (extradition proceedings in Scotland) after sub-paragraph (3) add—

(4)References in this paragraph to a court include references to a judge.

(5)In paragraph 10 (power to suspend or revoke warrant or order) for sub-paragraph (1) substitute—

(1)Where a court makes a delivery order in respect of a person whose extradition has been ordered under the Extradition Act 2003, it may make any such order as is necessary to enable the delivery order to be executed.

(6)In paragraph 10(2) omit the words “by a court or judicial officer”.

Commencement Information

I98Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Enterprise Act 2002 (c. 40)U.K.

Commencement Information

I99Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

14U.K.Section 191 of the Enterprise Act 2002 (c. 40) (offences to which an Order in Council under the Extradition Act 1870 can apply) shall cease to have effect.

Commencement Information

I100Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Section 220

SCHEDULE 4U.K.Repeals

Commencement Information

I101Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Short title and chapterExtent of repeal
Backing of Warrants (Republic of Ireland) Act 1965 (c. 45)The whole Act.
Criminal Justice Act 1967 (c. 80)Section 34.
Criminal Jurisdiction Act 1975 (c. 59)In Schedule 3, paragraph 1.
Bail Act 1976 (c. 63)

In section 2(2) the definition of “proceedings against a fugitive offender”.

In section 4(2) the words “or proceedings against a fugitive offender for the offence”.

In section 7(4) the words from “In reckoning” to “Sunday”.

In Schedule 2, paragraph 33.

Criminal Law Act 1977 (c. 45)In Schedule 12, in the entry for the Bail Act 1976, paragraph 4.
Suppression of Terrorism Act 1978 (c. 26)

Sections 1 and 2.

In section 8—

(a)

subsection (5)(a);

(b)

in subsection (6) the words from “an order made under section 1(4)” to “or”.

Extradition Act 1989 (c. 33)The whole Act.
Criminal Justice (International Co-operation) Act 1990 (c. 5)Section 22.
Computer Misuse Act 1990 (c. 18)Section 15.
Aviation and Maritime Security Act 1990 (c. 31)Section 49.
Criminal Justice Act 1991 (c. 53)Section 47(4).
Bail (Amendment) Act 1993 (c. 26)

In section 1—

(a)

in subsection (4), the word “such”;

(b)

in subsection (8), the word “magistrates'”.

Criminal Justice Act 1993 (c. 36)

Section 72.

Section 79(7).

Criminal Justice and Public Order Act 1994 (c. 33)Sections 158 and 159.
United Nations Personnel Act 1997 (c. 13)Section 6.
Justices of the Peace Act 1997 (c. 25)In Schedule 5, paragraph 9.
Access to Justice Act 1999 (c. 22)In Schedule 11, paragraphs 18 and 31 to 36.
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)In Schedule 9, paragraph 124.
Terrorism Act 2000 (c. 11)Section 64.
International Criminal Court Act 2001 (c. 17)

Sections 71 to 73.

In paragraph 10(2) of Schedule 2, the words “by a court or judicial officer”.

Proceeds of Crime Act 2002 (c. 29)In Schedule 11, paragraph 18.
Enterprise Act 2002 (c. 40)Section 191.