Extradition Act 2003

2003 c. 41

C1An Act to make provision about extradition.

[20th November 2003]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations:

Modifications etc. (not altering text)

Act modified (1.1.2004) by The Extradition Act 2003 (Multiple Offences) Order 2003 (S.I. 2003/3150), art. 2(2), Sch.

I86Part 1Extradition to category 1 territories

Annotations:

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))

I3Introduction

Annotations:

Commencement Information

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

1I1Extradition to category 1 territories

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.

Annotations:

Commencement Information

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

Annotations:

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))

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

10

F10If the person is remanded in custody, the appropriate judge mayF10 later grant bail.

8I10Remand etc.

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

F11If the person is remanded in custody, the appropriate judge mayF11 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.

8AF12Person charged with offence in United Kingdom before extradition hearing

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).

8BPerson serving sentence in United Kingdom before extradition hearing

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.

I26The extradition hearing

Annotations:

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))

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.

F14i

the person's earlier transfer to the United Kingdom by the International Criminal Court.

F142

F15Sections 12 to 19AF15 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.

12I15Rule against double jeopardy

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.

13I16Extraneous considerations

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

a

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.

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.

19AF18 I23Earlier transfer to United Kingdom by International Criminal Court

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

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.

21I25Human rights

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

F17If the person is remanded in custody, the appropriate judge mayF17 later grant bail.

I31Matters arising before end of extradition hearing

Annotations:

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))

22I27Person charged with offence in United Kingdom

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 F20the 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.

23I28Person serving sentence in United Kingdom

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 F21in custodyF21 serving a sentence of imprisonment or another form of detention in the United Kingdom.

2

The judge may adjourn the extradition hearing until F22the person is released from detention pursuant to the sentence (whether on licence or otherwise)F22.

F233

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

a

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

24I29Extradition request

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

F24If the person is remanded in custody, the appropriate judge mayF24 later grant bail.

25I30Physical or mental condition

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.

I42Appeals

Annotations:

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))

26I32Appeal against extradition order

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.

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.

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

F257

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

30I36Detention pending conclusion of appeal under section 28

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

F26If the person is remanded in custody, the appropriate judge may 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;

F27b

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 ;

c

at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the F28Supreme Court against the decision of the High Court on the appeal is granted F29, if no appeal to the F28Supreme Court is brought before the end of that period;

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).

F2235

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

30AF214Detention pending conclusion of appeal under section 28: Scotland

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 (“the issuing authority”) that it intends to appeal under section 28 (“the High Court appeal”).

2

The judge must remand the person in custody or on bail while the High Court appeal is pending.

3

The High Court appeal ceases to be pending at the earliest of these times—

a

when the proceedings on the appeal are abandoned;

b

when the High Court—

i

allows the appeal, or

ii

dismisses the appeal.

4

If—

a

the High Court appeal is dismissed, and

b

immediately after dismissing it, the High Court is informed by the issuing authority that it intends to bring an appeal to the Supreme Court against a determination of a relevant devolution issue (“the Supreme Court appeal”),

the High Court must remand the person in custody or on bail while the Supreme Court appeal is pending.

5

The Supreme Court appeal ceases to be pending at the earliest of these times—

a

the end of the period of 28 days starting with the day when the High Court appeal is dismissed (unless, within that period, an application is made to the High Court for permission to make the Supreme Court appeal);

b

the end of the period of 28 days starting with the day when the High Court refuses permission to make the Supreme Court appeal (unless, within that period, an application is made to the Supreme Court for permission to make the Supreme Court appeal);

c

the end of the period of 28 days starting with the day on which permission is given to bring the Supreme Court appeal (unless the appeal is brought within that period);

d

the time when the proceedings on the Supreme Court appeal are abandoned;

e

the time when there is no further step that can be taken in relation to the Supreme Court appeal by the issuing authority (ignoring any power of a court to grant leave to take a step out of time).

6

If the person is remanded in custody by the judge or the High Court, the High Court may later grant bail.

7

In this section “relevant devolution issue” means a devolution issue relating to the person's extradition.

8

This section applies only to Scotland.

31I37Appeal to High Court: time limit for start of hearing

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.

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.

subsection (5) applies, or

b

subsections (7) and (8) apply,

the F38Supreme CourtF38 must remand, in custody or on bail, the person in respect of whom the warrant was issued.

11

If the F38Supreme CourtF38 remands the person in custody the High Court may later grant bail.F39

33ZAF215Scottish devolution issue: remand in custody or on bail

1

This section applies where, on an appeal to the Supreme Court against a determination of a devolution issue relating to a person's extradition under this Part, the Supreme Court—

a

remits the case to the High Court, or

b

orders the person's extradition.

2

The Supreme Court must remand the person in custody or on bail pending the person's extradition.

3

If the Supreme Court remands the person in custody it may later grant bail.

33AI40F40Detention pending conclusion of certain appeals under section 32

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.

33BF216Detention pending conclusion of appeals relating to devolution issues

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 (“the issuing authority”) that it intends to bring an appeal to the Supreme Court against a determination of a relevant devolution issue (“the Supreme Court appeal”).

2

The High Court must remand the person in custody or on bail while the Supreme Court appeal is pending.

3

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

4

The Supreme Court appeal ceases to be pending at the earliest of these times—

a

the end of the period of 28 days starting with the day when the High Court orders the person's discharge (unless, within that period, an application is made to the High Court for permission to make the Supreme Court appeal);

b

c

the end of the period of 28 days starting with the day on which permission is given to bring the Supreme Court appeal (unless the appeal is brought within that period);

d

the time when the proceedings on the Supreme Court appeal are abandoned;

e

the time when there is no further step that can be taken in relation to the Supreme Court appeal by the issuing authority (ignoring any power of a court to grant permission to take a step out of time).

5

In this section “relevant devolution issue” means a devolution issue relating to the person's extradition.

6

This section applies only to Scotland.

34I41Appeals: general

F2251

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

F2242

Subsection (1) does not prevent an appeal against a determination of a devolution issue.

3

In this Part “ devolution issue ” has the same meaning as in Schedule 6 to the Scotland Act 1998.

I49Time for extradition

Annotations:

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))

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

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.

F2269

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

In a case where—

a

the relevant proceedings are proceedings on the appeal under section 26, and

b

the case has been remitted to the High Court on a Supreme Court devolution appeal,

the decision in those proceedings becomes final when it is made.

7

In a case where—

a

the relevant proceedings are proceedings on a Supreme Court devolution appeal, and

b

the decision is not to remit the case to the High Court,

the decision in those proceedings becomes final when it is made.

8

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

9

In this section “Supreme Court devolution appeal” means an appeal to the Supreme Court against a determination of a devolution issue relating to a person's extradition.

10

This section applies only to Scotland.

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.F47 This subsection applies only if the day on which the order is made is later than the day mentioned in section 35(4)(a).

F474

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.

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).

40I48Certificate in respect of asylum claimant

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.

I53Withdrawal of Part 1 warrant

Annotations:

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))

41I50Withdrawal of warrant before extradition

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.

42I51Withdrawal of warrant while appeal to High Court pending

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.

43I52Withdrawal of warrant while appeal to F48Supreme CourtF48 pending

1

This section applies if at any time in the relevant period the F49Supreme CourtF49 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 F49Supreme CourtF49 is granted to the person or the authority which issued the warrant;

b

ending when proceedings on the appeal are discontinued or the F49Supreme CourtF49 makes its decision on the appeal.

3

If the appeal is brought by the person in respect of whom the warrant was issued the F49Supreme CourtF49 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 F49Supreme CourtF49 must dismiss the appeal.

5

If the person is not before the F49Supreme CourtF49 at the time it orders his discharge, the F49Supreme CourtF49 must inform him of the order as soon as practicable.

I55Competing Part 1 warrants

Annotations:

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))

44I54Competing Part 1 warrants

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

54I66Request for consent to other offence being dealt with

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.

55I67Questions for decision at consent hearing

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.

56I68Request for consent to further extradition to category 1 territory

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.

57I69Questions for decision at consent hearing

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.

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.

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.

I76Costs

Annotations:

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))

60I73Costs where extradition ordered

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 F58Supreme CourtF58dismisses an application for leave to appeal to the F58Supreme CourtF58 under section 32, if the application is made by the person;

d

the F58Supreme CourtF58 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.

the power to make regulations under subsection (8)(b) is exercisable by the Department of Justice in Northern Ireland (and not by the Lord Chancellor).

62I75Costs where discharge ordered: supplementary

F1941

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1942

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

Subsections (1A) to (1C) and (3) of section 20 of the Prosecution of Offences Act 1985 (regulations as to amounts ordered to be paid out of central funds) apply in relation to amounts payable out of money provided by Parliament in pursuance of an order under section 61 as they apply in relation to amounts payable out of central funds in pursuance of costs orders made under section 16 of that Act.

7

This section extends to England and Wales only.

62BLegal costs: England and Wales

1

An order under section 61(5) may not require the payment out of money provided by Parliament of an amount that includes an amount in respect of legal costs incurred by the person in whose favour the order is made, subject to the following provisions of this section.

2

Subsection (1) does not apply in relation to legal costs incurred in—

a

proceedings in a magistrates' court, or

b

proceedings in the Supreme Court.

3

The Lord Chancellor may by regulations make provision about exceptions from the prohibition in subsection (1), including—

a

provision amending this section by adding, modifying or removing an exception, and

b

provision for an exception to arise where a determination has been made by a person specified in the regulations.

4

Regulations under subsection (3) may not remove or limit the exception provided by subsection (2)(b).

5

Where a judge or court makes an order under section 61(5) requiring the payment out of money provided by Parliament of an amount that includes an amount in respect of legal costs, the order must include a statement to that effect.

6

Where, in an order under section 61(5), a judge or court fixes an amount to be paid out of money provided by Parliament that includes an amount in respect of legal costs incurred in proceedings in a court other than the Supreme Court, the latter amount must not exceed an amount specified by regulations made by the Lord Chancellor.

7

In this section—

“ legal costs ” means fees, charges, disbursements and other amounts payable in respect of advocacy services or litigation services including, in particular, expert witness costs;
“ advocacy services ” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right of audience in relation to any proceedings, or contemplated proceedings, to provide;
“ expert witness costs ” means amounts payable in respect of the services of an expert witness, including amounts payable in connection with attendance by the witness at court or elsewhere;
“ litigation services ” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right to conduct litigation in relation to proceedings, or contemplated proceedings, to provide.

8

This section extends to England and Wales only.

I78Repatriation cases

Annotations:

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))

63I77Persons serving sentences outside territory where convicted

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 ”.

I85Interpretation

Annotations:

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))

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

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;

This section applies for the purposes of this Part.

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;

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

b

9

This section applies for the purposes of this Part.

66I81Extradition offences: supplementary

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.

67I82The appropriate judge

1

The appropriate judge is—

a

in England and Wales, a District Judge (Magistrates' Courts) designated for the purposes of this Part F61by the Lord Chief Justice of England and Wales after consulting the Lord ChancellorF61;

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 F62by the Lord Chief Justice of Northern Ireland after consulting the F63Department of Justice in Northern IrelandF63F62.

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).

F643A

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.

F644

This section applies for the purposes of this Part.

F655

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).F65

68I83The extradition hearing

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.

68AF66 I84Unlawfully at large

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.

I173Part 2Extradition to category 2 territories

Annotations:

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))

I89Introduction

Annotations:

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))

69I87Extradition to category 2 territories

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.

70I88Extradition request and certificate

1

The Secretary of State must F67(subject to subsection (2)) issue a certificate under this section if he receives a valid request for the extradition F68of a person to a category 2 territory.

F692

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.

F72a

certify that the request is made in the approved way.

F73, and

b

identify the order by which the territory in question is designated as a category 2 territory.

9

If a certificate is issued under this section the Secretary of State must send F74the request and the certificate to the appropriate judge

F22710

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

11

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

I94Arrest

Annotations:

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))

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.

F757

In any other case, a warrant issued under this section may be executed in any part of the United Kingdom.

8

F76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F77If the person is remanded in custody, the appropriate judge mayF77 later grant bail.

10

Subsection (4)(a) applies to Scotland with the omission of the words “by a constable”.

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.

F788

In any other case, a warrant issued under this section may be executed in any part of the United Kingdom.

9

F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 ”.

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”.

I113The extradition hearing

Annotations:

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))

75I95Date of extradition hearing: arrest under section 71

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

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.

76I96Date of extradition hearing: arrest under provisional warrant

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.

76AF89Person charged with offence in United Kingdom before extradition hearing

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 76BPerson serving sentence in United Kingdom before extradition hearing

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

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.

77I97Judge’s powers at extradition hearing

1

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

4

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

5

F81If the person is remanded in custody, the appropriate judge mayF81 later grant bail.

78I98Initial stages of extradition hearing

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.

79I99Bars to extradition

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

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.

80I100Rule against double jeopardy

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.

81I101Extraneous considerations

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

82I102Passage of time

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.

83I103Hostage-taking considerations

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.

83AF90Forum

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

3

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

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”.

85I105Case where person has been convicted

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

a

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.

86I106Conviction in person’s absence

1

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

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

a

the judge must not decide under subsection (1), and

b

he must proceed under section 87.

8

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”.

87I107Human rights

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.

88I108Person charged with offence in United Kingdom

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 F83the person is released from detention pursuant to the sentence (whether on licence or otherwise)F83.

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.

89I109Person serving sentence in United Kingdom

1

This section applies if at any time in the extradition hearing the judge is informed that the person is F84in custodyF84 serving a sentence of imprisonment or another form of detention in the United Kingdom.

2

The judge may adjourn the extradition hearing until F85the person is released from detention pursuant to the sentence (whether on licence or otherwise)F85.

F863

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

a

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.F86

90I110Competing extradition claim

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

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

F88If the person is remanded in custody, the appropriate judge mayF88 later grant bail.

I124Secretary of State’s functions

Annotations:

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))

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.

96I117Earlier extradition to United Kingdom from other territory

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.

96AF104Earlier transfer to United Kingdom by International Criminal Court

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.

97I118Deferral: person charged with offence in United Kingdom

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

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 F99applies to the appropriate judgeF99 for it to be extended F100the judge mayF100 make an order accordingly; and this subsection may apply more than once.

100I121Information

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.

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 F101statutory civil service (or any part of it)F101, 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.

F1026

In subsection (5) “the statutory civil service” means the civil service within the meaning of Chapter 1 of Part 1 of the Constitutional Reform and Governance Act 2010 (see section 1(4) of that Act).F102

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.

I139Appeals

Annotations:

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))

103I125Appeal where case sent to Secretary of State

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.

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.

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.F106

107I129Detention pending conclusion of appeal under section 105

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

F107If the person is remanded in custody, the appropriate judge may 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;

F108b

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 F109 Supreme Court ;

c

at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the F109Supreme Court against the decision of the High Court on the appeal is granted F110, if no appeal to the F109Supreme Court 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).

F2285

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

107AF218Detention pending conclusion of appeal under section 105: Scotland

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 (“the High Court appeal”).

2

The judge must remand the person in custody or on bail while the High Court appeal is pending.

3

The High Court appeal ceases to be pending at the earliest of these times—

a

when the proceedings on the appeal are abandoned;

b

when the High Court—

i

allows the appeal,

ii

makes a direction under section 106(1)(b), or

iii

dismisses the appeal.

4

If—

a

the High Court appeal is dismissed, and

b

immediately after dismissing it, the High Court is informed of an intention to bring an appeal to the Supreme Court against a determination of a relevant devolution issue (“the Supreme Court appeal”),

the High Court must remand the person in custody or on bail while the Supreme Court appeal is pending.

5

The Supreme Court appeal ceases to be pending at the earliest of these times—

a

b

c

the end of the period of 28 days starting with the day on which permission is given to bring the Supreme Court appeal (unless the appeal is brought within that period);

d

the time when the proceedings on the Supreme Court appeal are abandoned;

e

the time when there is no further step that can be taken in relation to the Supreme Court appeal by the category 2 territory (ignoring any power of a court to grant leave to take a step out of time).

6

If the person is remanded in custody by the judge or the High Court, the appropriate judge may later grant bail.

7

In this section “relevant devolution issue” means a devolution issue relating to the person's extradition.

8

This section applies only to Scotland.

108I130Appeal against extradition order

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 F2295

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

6

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

7

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

a

the appeal is necessary to avoid real injustice, and

b

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

8

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

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.

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.F111

112I134F112 Detention pending conclusion of appeal under section 110

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 F113 Supreme Court ;

c

at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the F113 Supreme Court against the decision of the High Court on the appeal is granted, if no appeal to the F113 Supreme Court 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).

F2325

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

c

the remand order has remained in force until that time,

then, subject to subsection (6), the remand order continues to remain in force while the Supreme Court appeal is pending.

5

The Supreme Court appeal ceases to be pending at the earliest of these times—

a

b

c

the end of the period of 28 days starting with the day on which permission is given to bring the Supreme Court appeal (unless the appeal is brought within that period);

d

the time when the proceedings on the Supreme Court appeal are abandoned;

e

the time when there is no further step that can be taken in relation to the Supreme Court appeal by the category 2 territory (ignoring any power of a court to grant leave to take a step out of time).

6

If the person is remanded in custody under section 92(4), the appropriate judge may later grant bail.

7

In this section “relevant devolution issue” means a devolution issue relating to the person's extradition.

8

This section applies only to Scotland.

113I135Appeal to High Court: time limit for start of hearing

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.

114I136Appeal to F114Supreme CourtF114

1

An appeal lies to the F115Supreme CourtF115 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 F116Supreme CourtF116.

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 F117Supreme CourtF117.

5

6

An application to the F118Supreme CourtF118 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 F119Supreme CourtF119 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.

F12010

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.

F12011

12

13

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

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.

115BF220Detention pending conclusion of appeals relating to devolution issues

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 ordering the person's discharge, the High Court is informed of an intention to bring an appeal to the Supreme Court against a determination of a relevant devolution issue (“the Supreme Court appeal”).

2

The High Court must remand the person in custody or on bail while the Supreme Court appeal is pending.

3

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

4

The Supreme Court appeal ceases to be pending at the earliest of these times—

a

b

c

the end of the period of 28 days starting with the day on which permission is given to bring the Supreme Court appeal (unless the appeal is brought within that period);

d

the time when the proceedings on the Supreme Court appeal are abandoned;

e

the time when there is no further step that can be taken in relation to the Supreme Court appeal (ignoring any power of a court to grant leave to take a step out of time).

5

In this section “relevant devolution issue” means a devolution issue relating to the person's extradition.

6

This section applies only to Scotland.

116I138Appeals: general

F2311

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.

F2302

Subsection (1) does not prevent an appeal against a determination of a devolution issue.

3

In this Part “ devolution issue ” has the same meaning as in Schedule 6 to the Scotland Act 1998.

I145Time for extradition

Annotations:

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))

117I140Extradition where no appeal

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.

F2335

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

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

In a case where the relevant proceedings are proceedings on the appeal under section 103, 108 or 110 (except the case has been remitted to the High Court on a Supreme Court devolution appeal), the decision in those proceedings becomes final—

a

at the end of the period of 28 days starting with the day of the High Court's decision on the appeal (unless, within that period, an application is made to the High Court for permission to make a Supreme Court devolution appeal);

b

c

when the Supreme Court refuses permission to make a Supreme Court devolution appeal;

d

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 permission to appeal;

This section applies only to Scotland.

118BF222Scottish devolution issue: remand in custody or on bail

1

This section applies where, on an appeal to the Supreme Court against a determination of a devolution issue relating to a person's extradition under this Part, the Supreme Court—

a

remits the case to the High Court, or

b

orders the person's extradition.

2

The Supreme Court must remand the person in custody or on bail pending the person's extradition.

3

If the Supreme Court remands the person in custody, the High Court may later grant bail.

119I142Undertaking in relation to person serving sentence in United Kingdom

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 F126, either—

i

in custody, or

ii

on licence

F126.

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 F127within subsection (1)(b)(i) who isF127 accused in a category 2 territory of the commission of an offence include terms—

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.

120I143Extradition following deferral for competing claim

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.

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).

I150Withdrawal of extradition request

Annotations:

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))

122I146Withdrawal of request before end of extradition hearing

1

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.

125I149Withdrawal of request while appeal to F129Supreme CourtF129 pending

1

This section applies if at any time in the relevant period the F130Supreme CourtF130 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 F130Supreme CourtF130 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 F130Supreme CourtF130 makes its decision on the appeal.

3

If the appeal is brought by the person whose extradition is requested the F130Supreme CourtF130 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 F130Supreme CourtF130 must dismiss the appeal.

5

If the person whose extradition is requested is not before the F130Supreme CourtF130 at the time it orders his discharge, the F130Supreme CourtF130 must inform him of the order as soon as practicable.

I152Competing extradition requests

Annotations:

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))

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.

I160Post-extradition matters

Annotations:

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))

129I156Consent to other offence being dealt with

1

5

If the Secretary of State decides the question in subsection (4) in the negative he must refuse his consent.

6

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

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.

131I158Consent to further extradition to category 1 territory

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

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.

F131132I159Return of person to serve remainder of sentence

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.

a duty to release the person under F202 Chapter 6 of Part 12 of the Criminal Justice Act 2003 F203 ...,

c

d

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.

I164Costs

Annotations:

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))

133I161Costs where extradition ordered

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 F132Supreme CourtF132 dismisses an application for leave to appeal to the F132Supreme CourtF132 under section 114, if the application is made by the person;

d

the F132Supreme CourtF132 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.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1962

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

Subsections (1A) to (1C) and (3) of section 20 of the Prosecution of Offences Act 1985 (regulations as to amounts ordered to be paid out of central funds) apply in relation to amounts payable out of money provided by Parliament in pursuance of an order under section 134 as they apply in relation to amounts payable out of central funds in pursuance of costs orders made under section 16 of that Act.

7

This section extends to England and Wales only.

135BLegal costs: England and Wales

1

An order under section 134(5) may not require the payment out of money provided by Parliament of an amount that includes an amount in respect of legal costs incurred by the person in whose favour the order is made, subject to the following provisions of this section.

2

Subsection (1) does not apply in relation to legal costs incurred in—

a

proceedings in a magistrates' court, or

b

proceedings in the Supreme Court.

3

The Lord Chancellor may by regulations make provision about exceptions from the prohibition in subsection (1), including—

a

provision amending this section by adding, modifying or removing an exception, and

b

provision for an exception to arise where a determination has been made by a person specified in the regulations.

4

Regulations under subsection (3) may not remove or limit the exception provided by subsection (2)(b).

5

Where a judge or court makes an order under section 134(5) requiring the payment out of money provided by Parliament of an amount that includes an amount in respect of legal costs, the order must include a statement to that effect.

6

Where, in an order under section 134(5), a judge or court fixes an amount to be paid out of money provided by Parliament that includes an amount in respect of legal costs incurred in proceedings in a court other than the Supreme Court, the latter amount must not exceed an amount specified by regulations made by the Lord Chancellor.

7

In this section—

“ legal costs ” means fees, charges, disbursements and other amounts payable in respect of advocacy services or litigation services including, in particular, expert witness costs;
“ advocacy services ” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right of audience in relation to any proceedings, or contemplated proceedings, to provide;
“ expert witness costs ” means amounts payable in respect of the services of an expert witness, including amounts payable in connection with attendance by the witness at court or elsewhere;
“ litigation services ” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right to conduct litigation in relation to proceedings, or contemplated proceedings, to provide.

8

This section extends to England and Wales only.

I166Repatriation cases

Annotations:

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))

Subsection (1)(b) applies to Northern Ireland with the substitution of “ the complaint made to ” for “the information laid before”.

I172Interpretation

Annotations:

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))

137I167Extradition offences: person not sentenced for offence

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

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.

138I168Extradition offences: person sentenced for offence

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

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

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.

139I169The appropriate judge

1

The appropriate judge is—

a

in England and Wales, a District Judge (Magistrates' Courts) designated for the purposes of this Part F135by the Lord Chief Justice of England and Wales after consulting the Lord ChancellorF135;

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 F136Lord Chief Justice of Northern Ireland after consulting the F137Department of Justice in Northern IrelandF137F136.

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).

F1383A

F1384

This section applies for the purposes of this Part.

F1395

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).F139

140I170The extradition hearing

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.

140AF141Unlawfully at large

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.

141I171Scotland: references to Secretary of State

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 F140in paragraph (b) of section 70(2), in paragraph (c) of section 93(4) andF140 in sections 83(3), 101(5) and 121.

I188Part 3Extradition to the United Kingdom

Annotations:

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))

I180Extradition from category 1 territories

Annotations:

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))

F146. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

144Return to extraditing territory to serve sentence

F147. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

145I175Service of sentence in territory executing Part 3 warrant

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 F148sentence for the offence must be treated as servedF148 but the person’s conviction for the offence must be treated as a conviction for all other purposes.

The permitted period is 45 days starting with the day on which the person arrives in the United Kingdom.

147I177Effect of consent to extradition to the United Kingdom

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.

I182Extradition from category 2 territories

Annotations:

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))

he is detained with a view to trial there for it.

151Dealing with person for other offences: other category 2 territories

F151. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I187General

Annotations:

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))

the person is tried there for it;

b

the person is detained with a view to trial there for it.

152I183Remission of punishment for other offences

1

This section applies if—

a

a person is extradited to the United Kingdom F152from a territory;F152

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 F153sentence for the offence must be treated as servedF153 but the person’s conviction for the offence must be treated as a conviction for all other purposes.

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.

to keep the person in custody until returned;

c

to convey the person to the territory.

a person is entitled to be released from detention if there is—

F204i

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ii

a duty to release the person under F206Chapter 6 of Part 12 of the Criminal Justice Act 2003 F205...,

iii

iv

b

an immigration officer is a person who is an immigration officer within the meaning of the Immigration Act 1971.

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.

I216Part 4Police powers

Annotations:

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))

I194Warrants and orders

Annotations:

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))

subsections (8)(e) and (9) are omitted.

157I190Production orders

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

a

which is specified in the application, and

b

which is an extradition offence within the meaning given by section 64.

in England and Wales, means a circuit judge;

b

in Northern Ireland, means a Crown Court judge.

158I191Requirements for making of production order

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.

159I192Computer information

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.

160I193Warrants: special procedure material and excluded material

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

a

which is specified in the application, and

b

which is an extradition offence within the meaning given by section 64.

Annotations:

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))

161I195Entry and search of premises for purposes of arrest

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.

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.

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).

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

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.

165I199Additional seizure powers

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—

73DExtradition Act 2003 (c. 41)
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—

83AExtradition Act 2003 (c. 41)
The powers of seizure conferred by section 163(6) and (7) of the Extradition Act 2003 (seizure in connection with extradition).

I207Treatment following arrest

Annotations:

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))

166I201Fingerprints and samples

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.

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.

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).

170I205Evidence of identity: Northern Ireland

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).

Article 59 (access to legal advice).

I209Delivery of seized property

Annotations:

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))

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.

I211Codes of practice

Annotations:

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))

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.

I215General

Annotations:

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))

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.

176I214Service policemen

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.

Part 5Miscellaneous and general

I217British overseas territories

Annotations:

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))

C3177Extradition from British overseas territories

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.

C4178Extradition to British overseas territories

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.

I221Competing extradition claims

Annotations:

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))

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.F159

a request for his extradition is made.

a request for his extradition is made.

I226Legal aid

Annotations:

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))

F213182I222Legal advice, assistance and representation: England and Wales

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

183I223Legal aid: Scotland

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.

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.

such county court judge or resident magistrate as is designated for the purposes of Part 1 F165under section 67F165, if the proceedings are under Part 1;

b

such county court judge or resident magistrate as is designated for the purposes of Part 2 F166under section 139F166, if the proceedings are under Part 2.

I231Re-extradition

Annotations:

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))

186I227Re-extradition: preliminary

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.

187I228Re-extradition hearing

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.

F16710

Section 139 applies for the purposes of this section as it applies for the purposes of Part 2.F167

188I229Re-extradition to category 1 territories

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 F168had been convictedF168 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.

189I230Re-extradition to category 2 territories

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 F169had been convictedF169 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.

I235Conduct of extradition proceedings

Annotations:

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))

190I232Crown Prosecution Service: role in extradition proceedings

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;

191I233Lord Advocate: role in extradition proceedings

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.

192I234Northern Ireland DPP and Crown Solicitor: role in extradition proceedings

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—

31AConduct 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.

I237Parties to international Conventions

Annotations:

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))

193I236Parties to international Conventions

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.

I239Special extradition arrangements

Annotations:

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))

194I238Special extradition arrangements

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.

I241Human rights

Annotations:

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))

195I240Human rights: appropriate tribunal

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.

I243Genocide etc

Annotations:

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))

196I242Genocide, crimes against humanity and war crimes

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.

I249Custody and bail

Annotations:

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))

a constable.

197AF172Extradition of serving prisoner

If an order is made under Part 1 or 2 for the extradition of a person who is F171in custodyF171 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.

198I245Bail: England and Wales

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 ”.

199I246Bail: Scotland

After section 24 of the Criminal Procedure (Scotland) Act 1995 (c. 46) (bail and bail conditions) insert—

24ABail: 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.

200I247Appeal against grant of bail

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)—

F207a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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)—

F208a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

F209201I248Remand to local authority accommodation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I255Evidence

Annotations:

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))

202I250Receivable documents

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 F173officerF173 of the territory;

F174aa

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;

F174b

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.

203I251Documents sent by facsimile

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.

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.F175

205I253Written statements and admissions

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.

206I254Burden and standard of proof

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.

F185Live links

Annotations:

Amendments (Textual)

F185

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)

206AUse of live links at certain hearings

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.

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.

to be seen and heard by the judge, other persons,

and for this purpose any impairment of eyesight or hearing is to be disregarded.

I262Other miscellaneous provisions

Annotations:

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))

207I256Extradition for more than one offence

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.

A person may use reasonable force, if necessary, in the exercise of a power conferred by this Act.

210I259Rules of court

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.

211I260Service of notices

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.

212I261Article 95 alerts: transitional provision

F1771

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.

F1773

F178In consequence ofF178 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.

I267Interpretation

Annotations:

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))

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.

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.

215I265European framework list

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).

216I266Other interpretative provisions

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.

F2106A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

“Asylum claim” has the meaning given by section 113(1) of the Nationality, Immigration and Asylum Act 2002 (c. 41).

F1817A

“ Civilian subject to service discipline ” has the same meaning as in the Armed Forces Act 2006.

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).

F18213

“ Service policeman ” F190 has the meaning given by section 375(1) of the Armed Forces Act 2006 .

13A

“ Subject to service law ” has the same meaning as in that Act.

15

This section and sections 213 to 215 apply for the purposes of this Act.

General

217I268Form of documents

The Secretary of State may by regulations prescribe the form of any document required for the purposes of this Act.

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.

220I271Repeals

Schedule 4 contains repeals.

P1221Commencement

The preceding provisions of this Act come into force in accordance with provision made by the Secretary of State by order.

C5222Channel Islands and Isle of Man

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.

A power to make subordinate legislation is exercisable by statutory instrument F183(subject to subsection (10)).

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);
F197section 62B(3);
section 69(1);
section 71(4);
section 73(5);
section 74(11)(b);
section 84(7);
section 86(7);
F197section 135B(3);
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.

F18410

The power of the Department of Justice in Northern Ireland to make regulations under section 61(8)(b) or 134(8)(b) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 M1 .

11

Regulations made by the Department of Justice are subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

224Orders in Council

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.

225Finance

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.

226Extent

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.

227Short title

This Act may be cited as the Extradition Act 2003.

I372SCHEDULES

I310SCHEDULE 1Re-extradition: modifications

Sections 188 and 189

Annotations:

Commencement Information

I310

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

I279Part 1Category 1 territories

Annotations:

Commencement Information

I279

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

I2721

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

I2732

Omit sections 14, 18 and 19.

I2743

In section 21(3), for “must” substitute “ may ”.

I2754

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) ”.

I2765

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) ”.

I2776

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

I2787

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 ”.

I309Part 2Category 2 territories

Annotations:

Commencement Information

I309

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

I2808

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

I2819

In section 78, for subsection (4) substitute—

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

I28210

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

I28311

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

I28412

In section 79(1), omit paragraph (c).

I28513

Omit section 82.

I28614

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 ”.

I28715

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
F186If the person is remanded in custody, the appropriate judge mayF186 later grant bail.

I28816

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 ”.

I28917

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

I29018

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

I29119

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

I29220

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

I29321

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

I29422

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

I29523

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

I29624

In section 117, after subsection (1) insert—

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

I29725

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

I29826

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

I29927

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

I30028

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.

I30129

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) ”.

I30230

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 ”.

I30331

In section 127(3), before paragraph (a) insert—

aa
must be given before the appropriate judge;

I30432

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

I30533

In section 128, after subsection (1) insert—

1A
The judge must remand the person in custody or on bail.
1B
F187If the person is remanded in custody, the appropriate judge mayF187 later grant bail.

I30634

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 ”.

I30735

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.

I30836

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
F188If the person is remanded in custody, the appropriate judge mayF188 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.

I343SCHEDULE 2European framework list

Section 215

Annotations:

Commencement Information

I343

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

I3111

Participation in a criminal organisation.

I3122

Terrorism.

I3133

Trafficking in human beings.

I3144

Sexual exploitation of children and child pornography.

I3155

Illicit trafficking in narcotic drugs and psychotropic substances.

I3166

Illicit trafficking in weapons, munitions and explosives.

I3177

Corruption.

I3188

Fraud, including that affecting the financial interests of F189the European Union within the meaning of the Convention of 26 July 1995 on the protection of F189the European Union financial interests.

I3199

Laundering of the proceeds of crime.

I32010

Counterfeiting currency, including of the euro.

I32111

Computer-related crime.

I32212

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

I32313

Facilitation of unauthorised entry and residence.

I32414

Murder, grievous bodily injury.

I32515

Illicit trade in human organs and tissue.

I32616

Kidnapping, illegal restraint and hostage-taking.

I32717

Racism and xenophobia.

I32818

Organised or armed robbery.

I32919

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

I33020

Swindling.

I33121

Racketeering and extortion.

I33222

Counterfeiting and piracy of products.

I33323

Forgery of administrative documents and trafficking therein.

I33424

Forgery of means of payment.

I33525

Illicit trafficking in hormonal substances and other growth promoters.

I33626

Illicit trafficking in nuclear or radioactive materials.

I33727

Trafficking in stolen vehicles.

I33828

Rape.

I33929

Arson.

I34030

Crimes within the jurisdiction of the International Criminal Court.

I34131

Unlawful seizure of aircraft/ships.

I34232

Sabotage.

I370SCHEDULE 3Amendments

Section 219

Annotations:

Commencement Information

I370

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

I345Introduction

Annotations:

Commencement Information

I345

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

I3441

The amendments specified in this Schedule shall have effect.

I347Parliamentary Commissioner Act 1967 (c. 13)

Annotations:

Commencement Information

I347

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

I3462

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

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

I349Criminal Justice Act 1967 (c. 80)

Annotations:

Commencement Information

I349

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

I3483

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.

I352Suppression of Terrorism Act 1978 (c. 26)

Annotations:

Commencement Information

I352

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

I3504

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.

I3515

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.

I36613

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.

2

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

7
In 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”.

I369Enterprise Act 2002 (c. 40)

Annotations:

Commencement Information

I369

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

I36814

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.

I371SCHEDULE 4Repeals

Section 220

Annotations:

Commencement Information

I371

Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 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 chapter	Extent 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.