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Extradition Bill


Extradition Bill
Part 1 — Extradition to category 1 territories

    32

 

Interpretation

 63    Extradition 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 1 territory of the commission of an offence

constituted by the conduct, or

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           (b)           he is alleged to be unlawfully at large after conviction by a court in a

category 1 territory of an offence constituted by the conduct and he has

not been sentenced for the offence.

     (2)    The conduct constitutes an extradition offence in relation to the category 1

territory if these conditions are satisfied—

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           (a)           the conduct occurs in the category 1 territory;

           (b)           a certificate issued by an appropriate authority of the category 1

territory shows that the conduct falls within the European framework

list;

           (c)           the certificate shows that the conduct is punishable under the law of the

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category 1 territory with imprisonment or another form of detention for

a term of 12 months or a greater punishment.

     (3)    The conduct also constitutes an extradition offence in relation to the category 1

territory if these conditions are satisfied—

           (a)           the conduct occurs in the category 1 territory;

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           (b)           the conduct would constitute an offence under the law of the relevant

part of the United Kingdom if it occurred in that part of the United

Kingdom;

           (c)           the conduct is punishable under the law of the category 1 territory with

imprisonment or another form of detention for a term of 12 months or

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a greater punishment (however it is described in that law).

     (4)    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)           the conduct is punishable under the law of the category 1 territory with

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imprisonment or another form of detention for a term of 12 months or

a greater punishment (however it is described in that law);

           (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

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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;

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           (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

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(however it is described in that law).

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

    33

 

     (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;

           (b)           the conduct is punishable under the law of the category 1 territory with

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imprisonment or another form of detention for a term of 12 months or

a greater punishment (however it is described in that law);

           (c)           the conduct constitutes or if committed in the United Kingdom would

constitute an offence mentioned in subsection (7).

     (7)    The offences are—

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           (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

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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.

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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).

     (8)    For the purposes of subsections (3)(b), (4)(c) and (5)(b)—

           (a)           if the conduct relates to a tax or duty, it is immaterial that the law of the

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relevant part of the United Kingdom does not impose the same kind of

tax or duty or does not contain rules of the same kind as those of the law

of the category 1 territory;

           (b)           if the conduct relates to customs or exchange, it is immaterial that the

law of the relevant part of the United Kingdom does not contain rules

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of the same kind as those of the law of the category 1 territory.

     (9)    This section applies for the purposes of this Part.

 64    Extradition 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

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category 1 territory of an offence constituted by the conduct, and

           (b)           he has been sentenced for the offence.

     (2)    The conduct constitutes an extradition offence in relation to the category 1

territory if these conditions are satisfied—

           (a)           the conduct occurs in the category 1 territory;

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           (b)           a certificate issued by an appropriate authority of the category 1

territory shows that the conduct falls within the European framework

list;

           (c)           the certificate shows that a sentence of imprisonment or another form

of detention for a term of 4 months or a greater punishment has been

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imposed in the category 1 territory in respect of the conduct.

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

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     (3)    The conduct also constitutes an extradition offence in relation to the category 1

territory if these conditions are satisfied—

           (a)           the conduct occurs in the category 1 territory;

           (b)           the conduct would constitute an offence under the law of the relevant

part of the United Kingdom if it occurred in that part of the United

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Kingdom;

           (c)           a sentence of imprisonment or another form of detention for a term of

4 months or a greater punishment has been imposed in the category 1

territory in respect of the conduct.

     (4)    The conduct also constitutes an extradition offence in relation to the category 1

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territory if these conditions are satisfied—

           (a)           the conduct occurs outside the category 1 territory;

           (b)           a sentence of imprisonment or another form of detention for a term of

4 months or a greater punishment has been imposed in the category 1

territory in respect of the conduct;

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           (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

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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

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form of detention for a term of 12 months or a greater punishment if it

occurred in that part of the United Kingdom;

           (c)           a sentence of imprisonment or another form of detention for a term of

4 months or a greater punishment has been imposed in the category 1

territory in respect of the conduct.

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     (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;

           (b)           the conduct is punishable under the law of the category 1 territory with

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imprisonment or another form of detention for a term of 12 months or

a greater punishment (however it is described in that law);

           (c)           the conduct constitutes or if committed in the United Kingdom would

constitute an offence mentioned in subsection (7).

     (7)    The offences are—

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           (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

45

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);

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

    35

 

           (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).

     (8)    For the purposes of subsections (3)(b), (4)(c) and (5)(b)—

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           (a)           if the conduct relates to a tax or duty, it is immaterial that the law of the

relevant part of the United Kingdom does not impose the same kind of

tax or duty or does not contain rules of the same kind as those of the law

of the category 1 territory;

           (b)           if the conduct relates to customs or exchange, it is immaterial that the

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law of the relevant part of the United Kingdom does not contain rules

of the same kind as those of the law of the category 1 territory.

     (9)    This section applies for the purposes of this Part.

 65    Extradition offences: supplementary

     (1)    Subsections (2) to (5) apply for the purposes of sections 63 and 64.

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     (2)    An appropriate authority of a category 1 territory is an authority of the

territory which the appropriate judge believes has the function of issuing arrest

warrants in that territory.

     (3)    The European framework list is the list of conduct set out in article 2.2 of the

European framework decision.

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     (4)    The law of a territory is the general criminal law of the territory.

     (5)    The relevant part of the United Kingdom is the part of the United Kingdom in

which the relevant proceedings are taking place.

     (6)    The relevant proceedings are the proceedings in which it is necessary to decide

whether conduct constitutes an extradition offence.

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 66    The appropriate judge

     (1)    The appropriate judge is—

           (a)           in England and Wales, a District Judge (Magistrates’ Courts)

designated for the purposes of this Part by the Lord Chancellor;

           (b)           in Scotland, the sheriff of Lothian and Borders;

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           (c)           in Northern Ireland, such county court judge or resident magistrate as

is designated for the purposes of this Part by the Lord Chancellor.

     (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).

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     (4)    This section applies for the purposes of this Part.

 67    Other interpretative provisions

     (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.

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Extradition Bill
Part 2 — Extradition to category 2 territories

    36

 

     (2)    References to the designated authority must be read in accordance with section

2(9).

     (3)    This section applies for the purposes of this Part.

Part 2

Extradition to category 2 territories

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Introduction

 68    Extradition 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 in Council.

     (2)    In this Act references to category 2 territories are to the territories designated

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for the purposes of this Part.

 69    Extradition request and certificate

     (1)    The Secretary of State must issue a certificate under this section if he receives a

valid request for the extradition to a category 2 territory of a person who is in

the United Kingdom.

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     (2)    But subsection (1) does not apply if the Secretary of State decides under section

124 that the request is not to be proceeded with.

     (3)    A request for a person’s extradition is valid if—

           (a)           it contains the statement referred to in subsection (4), and

           (b)           it is made in the approved way.

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     (4)    The statement is one that the person—

           (a)           is accused in the category 2 territory of the commission of an offence

specified in the request, or

           (b)           is alleged to be unlawfully at large after conviction by a court in the

category 2 territory of an offence specified in the request.

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     (5)    A request for extradition to a category 2 territory which is a British overseas

territory is made in the approved way if it is made by or on behalf of the person

administering the territory.

     (6)    A request for extradition to a category 2 territory which is the Hong Kong

Special Administrative Region of the People’s Republic of China is made in the

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approved way if it is made by or on behalf of the government of the Region.

     (7)    A request for extradition to any other category 2 territory is made in the

approved way if it is made—

           (a)           by an authority of the territory which the Secretary of State believes has

the function of making requests for extradition in that territory, or

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           (b)           by a person recognised by the Secretary of State as a diplomatic or

consular representative of the territory.

     (8)    A certificate under this section must certify that the request is made in the

approved way.

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

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     (9)    If a certificate is issued under this section the Secretary of State must send these

documents to the appropriate judge—

           (a)           the request;

           (b)           the certificate;

           (c)           a copy of any relevant Order in Council.

5

     (10)   When he sends documents under subsection (9) the Secretary of State must also

send—

           (a)           any documents sent to him with the request;

           (b)           any documents sent to him by a justice or sheriff in connection with the

issue of a provisional warrant.

10

Arrest

 70    Arrest warrant following extradition request

     (1)    This section applies if the Secretary of State sends documents to the

appropriate judge under section 69.

     (2)    The judge may issue a warrant for the arrest of the person whose extradition is

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requested if it appears to the judge that—

           (a)           the offence in respect of which extradition is requested is an extradition

offence, and

           (b)           there is evidence falling within subsection (3).

     (3)    The evidence is—

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           (a)           evidence that would justify the issue of a warrant for the arrest of a

person accused of the offence within the judge’s jurisdiction, if the

person whose extradition is requested is accused of the commission of

the offence;

           (b)           evidence that would justify the issue of a warrant for the arrest of a

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person unlawfully at large after conviction of the offence within the

judge’s jurisdiction, if the person whose extradition is requested is

alleged to be unlawfully at large after conviction of the offence.

     (4)    But if the category 2 territory to which extradition is requested is designated

for the purposes of this section by Order in Council, subsections (2) and (3)

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have effect as if “evidence” read “information”.

     (5)    A warrant issued under this section may—

           (a)           be executed by any person to whom it is directed or by any constable;

           (b)           be executed even if neither the warrant nor a copy of it is in the

possession of the person executing it at the time of the arrest.

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     (6)    If a warrant issued under this section in respect of a person is directed to a

service policeman, it may be executed in any place where the service policeman

would have power to arrest the person under the appropriate service law if the

person had committed an offence under that law.

     (7)    In any other case, a warrant issued under this section may be executed in any

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part of the United Kingdom.

     (8)           The appropriate service law is—

           (a)           the Army Act 1955 (3 & 4 Eliz. 2 c. 18), if the person in respect of whom

the warrant is issued is subject to military law;

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

    38

 

           (b)           the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), if that person is subject to air-

force law;

           (c)           the Naval Discipline Act 1957 (c. 53), if that person is subject to that Act.

 71    Person arrested under section 70

     (1)    This section applies if a person is arrested under a warrant issued under section

5

70.

     (2)    If neither the warrant nor a copy of it was shown to the person at the time of

his arrest and he asks to be shown the warrant, the warrant or a copy of it must

be shown to him as soon as practicable after his request.

     (3)    The person must be brought as soon as practicable before the appropriate

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judge.

     (4)    But subsection (3) does not apply if—

           (a)           the person is granted bail by a constable following his arrest, or

           (b)           the Secretary of State decides under section 124 that the request for the

person’s extradition is not to be proceeded with.

15

     (5)    If subsection (2) or (3) is not complied with the warrant ceases to have effect

and accordingly the person must be taken to be discharged.

     (6)    When the person first appears or is brought before the appropriate judge, the

judge must—

           (a)           inform him of the contents of the request for his extradition;

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           (b)           give him the required information about consent;

           (c)           remand him in custody or on bail.

     (7)    The required information about consent is—

           (a)           that the person may consent to his extradition to the category 2 territory

to which his extradition is requested;

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           (b)           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.

     (8)    If the judge remands the person in custody he may later grant bail.

     (9)    Subsection (4)(a) applies to Scotland with the omission of the words “by a

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constable”.

 72    Provisional warrant

     (1)    This section applies if a justice of the peace is satisfied on information in

writing and on oath that a person within subsection (2)—

           (a)           is or is believed to be in the United Kingdom, or

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           (b)           is or is believed to be on his way to the United Kingdom.

     (2)    A person is within this subsection if—

           (a)           he is accused in a category 2 territory of the commission of an offence,

or

           (b)           he is alleged to be unlawfully at large after conviction of an offence by

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a court in a category 2 territory.

 

 

 
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