House of Lords portcullis
House of Lords
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Extradition Bill


Extradition Bill
Part 5 — Miscellaneous and general

    110

 

 198   National security

     (1)    This section applies if the Secretary of State believes that the conditions in

subsections (2) to (4) are satisfied in relation to a person.

     (2)    The first condition is that the person’s extradition is sought or will be sought

under Part 1 or Part 2 in respect of an offence.

5

     (3)    The second condition is that—

           (a)           in engaging in the conduct constituting (or alleged to constitute) the

offence the person was acting pursuant to a function conferred or

imposed by or under an enactment, or

           (b)           as a result of an authorisation given by the Secretary of State the person

10

is not liable under the criminal law of any part of the United Kingdom

for the conduct constituting (or alleged to constitute) the offence.

     (4)    The third condition is that the person’s extradition in respect of the offence

would be against the interests of national security.

     (5)    The Secretary of State may certify that the conditions in subsections (2) to (4)

15

are satisfied in relation to the person.

     (6)    If the Secretary of State issues a certificate under subsection (5) he may—

           (a)           direct that a Part 1 warrant issued in respect of the person and in respect

of the offence is not to be proceeded with, or

           (b)           direct that a request for the person’s extradition in respect of the offence

20

is not to be proceeded with.

     (7)    If the Secretary of State issues a certificate under subsection (5) he may order

the person’s discharge (instead of or in addition to giving a direction under

subsection (6)).

     (8)    These rules apply if the Secretary of State gives a direction under subsection

25

(6)(a) in respect of a warrant—

           (a)           if the designated authority has not issued a certificate under section 2

in respect of the warrant it must not do so;

           (b)           if the person is arrested under the warrant or under section 5 there is no

requirement for him to be brought before the appropriate judge and he

30

must be discharged;

           (c)           if the person is brought before the appropriate judge under section 4 or

6 the judge is no longer required to proceed or continue proceeding

under sections 7 and 8;

           (d)           if the extradition hearing has begun the judge is no longer required to

35

proceed or continue proceeding under sections 10 to 25;

           (e)           if the person has consented to his extradition, the judge is no longer

required to order his extradition;

           (f)           if an appeal to the High Court or House of Lords has been brought, the

court is no longer required to hear or continue hearing the appeal;

40

           (g)           if the person’s extradition has been ordered there is no requirement for

him to be extradited.

     (9)    These rules apply if the Secretary of State gives a direction under subsection

(6)(b) in respect of a request—

           (a)           if he has not issued a certificate under section 69 in respect of the

45

request he is no longer required to do so;

 

 

Extradition Bill
Part 5 — Miscellaneous and general

    111

 

           (b)           if the person is arrested under a warrant issued under section 70 or

under a provisional warrant there is no requirement for him to appear

or be brought before the appropriate judge and he must be discharged;

           (c)           if the person appears or is brought before the appropriate judge the

judge is no longer required to proceed or continue proceeding under

5

sections 71, 73, 74 and 75;

           (d)           if the extradition hearing has begun the judge is no longer required to

proceed or continue proceeding under sections 77 to 90;

           (e)           if the person has given his consent to his extradition to the appropriate

judge, the judge is no longer required to send the case to the Secretary

10

of State for his decision whether the person is to be extradited;

           (f)           if an appeal to the High Court or House of Lords has been brought, the

court is no longer required to hear or continue hearing the appeal;

           (g)           if the person’s extradition has been ordered there is no requirement for

him to be extradited.

15

     (10)   These must be made under the hand of the Secretary of State—

           (a)           a certificate under subsection (5);

           (b)           a direction under subsection (6);

           (c)           an order under subsection (7).

     (11)   The preceding provisions of this section apply to Scotland with these

20

modifications—

           (a)           in subsection (9)(a) for “he has” substitute “the Scottish Ministers have”

and for “he is” substitute “they are”;

           (b)           in subsection (9)(e) for “Secretary of State for his” substitute “Scottish

Ministers for their”.

25

     (12)   In subsection (3) the reference to an enactment includes an enactment

comprised in, or in an instrument made under, an Act of the Scottish

Parliament.

 199   Reasonable force

A person may use reasonable force, if necessary, in the exercise of a power

30

conferred by this Act.

 200   Rules 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

35

Adjournal.

Interpretation

 201   Disposal of Part 1 warrant and extradition request

     (1)    A Part 1 warrant issued in respect of a person is disposed of—

           (a)           when an order is made for the person’s discharge in respect of the

40

warrant and there is no further possibility of an appeal;

           (b)           when the person is taken to be discharged in respect of the warrant;

 

 

Extradition Bill
Part 5 — Miscellaneous and general

    112

 

           (c)           when an order is made for the person’s extradition in pursuance of the

warrant and there is no further possibility of an appeal.

     (2)    A request for a person’s extradition is disposed of—

           (a)           when an order is made for the person’s discharge in respect of the

request and there is no further possibility of an appeal;

5

           (b)           when the person is taken to be discharged in respect of the request;

           (c)           when an order is made for the person’s extradition in pursuance of the

request and there is no further possibility of an appeal.

     (3)    There is no further possibility of an appeal against an order for a person’s

discharge or extradition—

10

           (a)           when the period permitted for giving notice of an appeal to the High

Court ends, if notice is not given before the end of that period;

           (b)           when the decision of the High Court on an appeal becomes final, if

there is no appeal to the House of Lords against that decision;

           (c)           when the decision of the House of Lords on an appeal is made, if there

15

is such an appeal.

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

           (a)           when the period permitted for applying to the High Court for leave to

appeal to the House of Lords ends, if there is no such application;

           (b)           when the period permitted for applying to the House of Lords for leave

20

to appeal to it ends, if the High Court refuses leave to appeal and there

is no application to the House of Lords for leave to appeal;

           (c)           when the House of Lords refuses leave to appeal to it;

           (d)           at the end of the permitted period, which is 28 days starting with the

day on which leave to appeal to the House of Lords is granted, if no

25

such appeal is brought before the end of that period.

     (5)    These must be ignored for the purposes of subsections (3) and (4)—

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

appeal or for applying for leave to appeal;

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

30

     (6)    Subsections (3) to (5) do not apply to Scotland.

 202   Disposal of charge

     (1)    A charge against a person is disposed of—

           (a)           if the person is acquitted in respect of it, when he is acquitted;

           (b)           if the person is convicted in respect of it, when there is no further

35

possibility of an appeal against the conviction.

     (2)    There is no further possibility of an appeal against a conviction—

           (a)           when the period permitted for giving notice of application for leave to

appeal to the Court of Appeal against the conviction ends, if the leave

of the Court of Appeal is required and no such notice is given before the

40

end of that period;

           (b)           when the Court of Appeal refuses leave to appeal against the

conviction, if the leave of the Court of Appeal is required and notice of

application for leave is given before the end of that period;

 

 

Extradition Bill
Part 5 — Miscellaneous and general

    113

 

           (c)           when the period permitted for giving notice of appeal to the Court of

Appeal against the conviction ends, if notice is not given before the end

of that period;

           (d)           when the decision of the Court of Appeal on an appeal becomes final,

if there is no appeal to the House of Lords against that decision;

5

           (e)           when the decision of the House of Lords on an appeal is made, if there

is such an appeal.

     (3)    The decision of the Court of Appeal on an appeal becomes final—

           (a)           when the period permitted for applying to the Court of Appeal for

leave to appeal to the House of Lords ends, if there is no such

10

application;

           (b)           when the period permitted for applying to the House of Lords for leave

to appeal to it ends, if the Court of Appeal refuses leave to appeal and

there is no application to the House of Lords for leave to appeal;

           (c)           when the House of Lords refuses leave to appeal to it;

15

           (d)           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 is granted, if no

such appeal is brought before the end of that period.

     (4)    These must be ignored for the purposes of subsections (2) and (3)—

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

20

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.

 203   Other interpretative provisions

25

     (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 68.

     (3)    References to a Part 1 warrant must be read in accordance with section 2.

     (4)    References to a Part 3 warrant must be read in accordance with section 142.

     (5)    References to a valid request for a person’s extradition must be read in

30

accordance with section 69.

     (6)    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).

     (7)    The European framework decision is the framework decision of the Council of

35

the European Union made on 13 June 2002 on the European arrest warrant and

the surrender procedures between member states (2002/584/JHA).

     (8)    “High Court” in relation to Scotland means the High Court of Justiciary.

     (9)    In relation to Scotland, references to an appeal being discontinued are to be

construed as references to its being abandoned.

40

     (10)   “Police officer” in relation to Northern Ireland has the same meaning as in the

Police (Northern Ireland) Act 2000 (c. 32).

     (11)   A provisional warrant is a warrant issued under section 72(3).

 

 

Extradition Bill
Part 5 — Miscellaneous and general

    114

 

     (12)   A service policeman is a member of the Royal Navy Regulating Branch, the

Royal Marines Police, the Royal Military Police or the Royal Air Force Police.

     (13)   The Provost Marshal of the Royal Air Force and any officer appointed to

exercise the functions conferred on provost officers by the Air Force Act 1955

(3 & 4 Eliz. 2 c. 19) are to be taken to be members of the Royal Air Force Police

5

for the purposes of subsection (10).

     (14)   This section and sections 201 and 202 apply for the purposes of this Act.

General

 204   Form of documents

The Secretary of State may by regulations prescribe the form of any document

10

required for the purposes of this Act.

 205   Existing legislation on extradition

These Acts shall cease to have effect—

           (a)           the Backing of Warrants (Republic of Ireland) Act 1965 (c. 45);

           (b)           the Extradition Act 1989 (c. 33).

15

 206   Repeals

The Schedule contains repeals.

 207   Commencement

The preceding provisions of this Act come into force in accordance with

provision made by the Secretary of State by order.

20

 208   Channel 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.

 209   Orders and regulations

     (1)    References in this section to subordinate legislation are to—

25

           (a)           an order of the Secretary of State under this Act (other than an order

within subsection (2));

           (b)           an order of the Treasury under this Act;

           (c)           regulations under this Act.

     (2)    The orders referred to in subsection (1)(a) are—

30

           (a)           an order for a person’s extradition or discharge;

           (b)           an order deferring proceedings on a warrant or request;

           (c)           an order deferring a person’s extradition in pursuance of a warrant or

request.

     (3)    Subordinate legislation—

35

           (a)           may make different provision for different purposes;

 

 

Extradition Bill
Part 5 — Miscellaneous and general

    115

 

           (b)           may include supplementary, incidental, saving or transitional

provisions.

     (4)    A power to make subordinate legislation is exercisable by statutory

instrument.

     (5)    A statutory instrument is subject to annulment in pursuance of a resolution of

5

either House of Parliament if it contains subordinate legislation other than an

order under section 142(10), 172(4) or 207.

     (6)    No order may be made under section 142(10) or 172(4) unless a draft of the

order has been laid before Parliament and approved by a resolution of each

House.

10

 210   Orders in Council

     (1)    An Order in Council under any provision of this Act other than section 208 is

subject to annulment in pursuance of a resolution of either House of

Parliament.

     (2)    An Order in Council under this Act—

15

           (a)           may make different provision for different purposes;

           (b)           may include supplementary, incidental, saving or transitional

provisions.

     (3)    A territory may be designated by being named in an Order in Council under

this Act or by falling within a description set out in such an Order.

20

     (4)    An Order in Council under section 1 or 68 may provide that this Act has effect

in relation to a territory designated by the Order with specified modifications.

 211   Finance

The following are to be paid out of money provided by Parliament—

           (a)           any expenditure incurred by the Lord Chancellor under this Act;

25

           (b)           any increase attributable to this Act in the sums payable out of money

provided by Parliament under any other enactment.

 212   Extent

     (1)    Sections 156 to 159, 165 to 167, 170 and 172 do not extend to Scotland.

     (2)    Sections 193, 195 and 196 extend to England and Wales only.

30

     (3)    Section 184 extends to Scotland only.

     (4)    Sections 185 and 186 extend to Northern Ireland only.

 213   Short title

This Act may be cited as the Extradition Act 2003.

 

 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2003
Revised 27 March 2003