Criminal Justice Act 1988

Part I Extradition Act 1870

1 In section 3(3) (restrictions on surrender) after the word “otherwise” there shall be inserted the words “, or unless an order is made for the charge in respect of the offence to lie on the file”.

2 The following section shall be inserted after section 11—

“11A Simplified procedure

(1) A person may give notice that he waives the rights conferred on him by section 11 above.

(2) A notice under this section shall be given in England and Wales in the manner prescribed by rules under section 144 of the [1980 c. 43.] Magistrates' Courts Act 1980 and, without prejudice to the generality of subsection (1) of that section, the power to make such rules shall include power to make provision for a magistrate to order the committal for return of a person with his consent at any time after his arrest.

(3) A notice under this section shall be given in Scotland in the manner prescribed by the High Court of Justiciary by Act of Adjournal and the sheriff may order the committal for return of a person with his consent at any time after his arrest.

(4) Where an order is made under this section, this Act shall cease to apply to the person in respect of whom it is made, except that if, within one month after the order is made, he is not surrendered to the foreign state to which he is to be returned, the High Court, upon application by or on behalf of that person, may, unless reasonable cause is shown for the delay, order him to be discharged.”.

3 In section 26, in the definition of “police magistrate”, for the words from “a” to the end there shall be substituted the words “the chief metropolitan stipendiary magistrate or a metropolitan stipendiary magistrate designated by the Lord Chancellor for the purposes of this Act and the Acts that may be cited together with it as the Extradition Acts 1870 to 1935”.

4 There shall be included in the list of extradition crimes contained in Schedule 1—

(a) any offence under the [1985 c. 8.] Company Securities (Insider Dealing) Act 1985; and

(b) offences under section 24 of the [1986 c. 32.] Drug Trafficking Offences Act 1986 (assisting another to retain the benefit of drug trafficking).