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Extradition Bill


Extradition Bill
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           (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—

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           (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

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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);

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           (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

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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);

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           (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

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in the place where he is alleged to have committed the act of which he is

accused or of which he has been convicted.

 192   Custody

     (1)    If a judge remands a person in custody under this Act, the person must be

committed to the institution to which he would have been committed if

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charged with an offence before the judge.

     (2)    If a person in custody following his arrest under Part 1 or Part 2 escapes from

custody, he may be retaken in any part of the United Kingdom in the same way

as he could have been if he had been in custody following his arrest or

apprehension under a relevant domestic warrant.

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     (3)    A relevant domestic warrant is a warrant for his arrest or apprehension issued

in the part of the United Kingdom in question in respect of an offence

committed there.

     (4)    Subsection (5) applies if—

           (a)           a person is in custody in one part of the United Kingdom (whether

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under this Act or otherwise);

           (b)           he is required to be removed to another part of the United Kingdom

after being remanded in custody under this Act;

 

 

Extradition Bill
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           (c)           he is so removed by sea or air.

     (5)    The person must be treated as continuing in legal custody until he reaches the

place to which he is required to be removed.

     (6)    An order for a person’s extradition under this Act is sufficient authority for an

appropriate person—

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           (a)           to receive him;

           (b)           to keep him in custody until he is extradited under this Act;

           (c)           to convey him to the territory to which he is to be extradited under this

Act.

     (7)    An appropriate person is—

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           (a)           a person to whom the order is directed;

           (b)           a constable.

 193   Bail: 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)

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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

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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

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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—

           he appears or is brought before a court in the course of or in connection with

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extradition proceedings in respect of the offence, or

           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.”

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     (6)    In section 5B (reconsideration of decisions granting bail) for subsection (1)

substitute—

           “(1)              This section applies in any of these cases—

           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;

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           a constable has granted bail in criminal proceedings in connection with proceedings

for such an offence;

           a magistrates’ court or a constable has granted bail in connection with extradition

proceedings.

           (1A)              The court or the appropriate court in relation to the constable may, on

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application by the prosecutor for the decision to be reconsidered—

           vary the conditions of bail,

           impose conditions in respect of bail which has been granted unconditionally, or

           withhold bail.”

     (7)    In section 7 (liability to arrest for absconding or breaking conditions of bail)

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after subsection (1) insert—

           “(1A)              Subsection (1B) applies if—

           a person has been released on bail in connection with extradition proceedings,

           the person is under a duty to surrender into the custody of a constable, and

           the person fails to surrender to custody at the time appointed for him to do so.

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           (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

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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

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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.”

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     (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—

                    the offence or one of the offences of which he is accused or convicted in the

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proceedings is punishable with imprisonment, or

                    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—

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Extradition Bill
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                    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

                    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

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extradition proceedings”.

 194   Bail: Scotland

After section 24 of the Criminal Procedure (Scotland) Act 1995 (bail and bail

conditions) insert—

       “24A            Bail: extradition proceedings

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           In the application of the provisions of this Part by virtue of section 9(2) or 76(2) of the

Extradition Act 2003 (judge’s powers at extradition hearing), those

provisions apply with the modifications that—

           references to the prosecutor are to be read as references to a person acting on behalf of

the territory to which extradition is sought;

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           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;

           the following do not apply—

           paragraph (b) of section 24(3); and

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           subsection (3) of section 30; and

           sections 28(1) and 33 apply to a person subject to extradition proceedings as they apply

to an accused.

           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

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Part as the Part applies by virtue of the sections of that Act of 2003

mentioned in subsection () above.

           The Scottish Ministers may, by order, for the purposes of section 9(2) or 76(2) of the

Extradition Act 2003 make such amendments to this Part as they

consider necessary or expedient.

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           The order making power in subsection () above shall be exercisable by statutory

instrument subject to annulment in pursuance of a resolution of the

Scottish Parliament.”

 195   Appeal against grant of bail

     (1)    Section 1 of the Bail (Amendment) Act 1993 (c. 26) (prosecution right of appeal

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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.”

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     (3)    In subsection (3) for “Such an appeal” substitute “An appeal under subsection

(1) or (1A)”.

     (4)    In subsection (4)—

           (a)           after subsection (1) insert “or (1A)”;

           (b)           for “magistrates’ court” substitute “court which has granted bail”;

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           (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”.

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     (7)    In subsection (8)—

           (a)           after “subsection (1)” insert “or (1A)”;

           (b)           omit “magistrates’”.

     (8)    In subsection (10)(b) for “reference in subsection (5) above to remand in

custody is” substitute “references in subsections (6) and (9) above to remand in

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custody are”.

     (9)    After subsection (11) insert—

           “(12)              In this section—

           “court” in relation to extradition proceedings includes a judge of a court or a justice of

the peace;

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           “extradition proceedings” means proceedings under the Extradition Act 2003;

           “prosecution” in relation to extradition proceedings means the person acting on behalf

of the territory to which extradition is sought.”

 196   Remand to local authority accommodation

     (1)    Section 23 of the Children and Young Persons Act 1969 (remand to local

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authority accommodation) is amended as set out in subsections (2) to (11).

     (2)    In subsection (1) after “following provisions of this section” insert “(except

subsection (1A))”.

     (3)    After subsection (1) insert—

           “(1A)              Where a court remands a child or young person in connection with

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extradition proceedings and he is not released on bail the remand shall

be to local authority accommodation.”

     (4)    In subsection (4) after “subsections (5)” insert “, (5ZA)”.

     (5)    In subsection (5) after “security requirement” insert “in relation to a person

remanded in accordance with subsection (1) above”.

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     (6)    After subsection (5) insert—

           “(5ZA)              A court shall not impose a security requirement in relation to a person

remanded in accordance with subsection (1A) above unless—

           he has attained the age of twelve and is of a prescribed description;

 

 

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           one or both of the conditions set out in subsection (5ZB) below is satisfied; and

           the condition set out in subsection (5AA) below is satisfied.

           (5ZB)              The conditions mentioned in subsection (5ZA)(b) above are—

           that the conduct constituting the offence to which the extradition proceedings relate

would if committed in the United Kingdom constitute an offence

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punishable in the case of an adult with imprisonment for a term of

fourteen years or more;

           that the person has previously absconded from the extradition proceedings or from

proceedings in the United Kingdom or the requesting territory which

relate to the conduct constituting the offence to which the extradition

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proceedings relate.

           (5ZC)              For the purposes of subsection (5ZB) above a person has absconded

from proceedings if in relation to those proceedings—

           he has been released subject to a requirement to surrender to custody at a particular

time and he has failed to surrender to custody at that time, or

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           he has surrendered into the custody of a court and he has at any time absented himself

from the court without its leave.”

     (7)    In subsection (5AA) for “subsection (5)” substitute “subsections (5) and (5ZA)”.

     (8)    In subsection (12) for the definition of “relevant court” substitute—

           ““relevant court”—

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           in relation to a person remanded to local authority accommodation under subsection

(1) above, means the court by which he was so remanded, or any

magistrates’ court having jurisdiction in the place where he is for the

time being;

           in relation to a person remanded to local authority accommodation under subsection

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(1A) above, means the court by which he was so remanded.”

     (9)    In subsection (12) in the appropriate places insert—

           ““extradition proceedings” means proceedings under the Extradition Act 2003;”;

           ““requesting territory” means the territory to which a person’s extradition is sought in

extradition proceedings;”.

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     (10)   In section 98(1) of the Crime and Disorder Act 1998 (modifications of section

23 of the Children and Young Persons Act 1969 in relation to 15 and 16 year old

boys) after paragraph (b) insert “; and

           (c)              is not remanded in connection with proceedings under the Extradition

Act 2003.”

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 197   Extradition 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.

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