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Extradition Bill


Extradition Bill
Part 2 — Extradition to category 2 territories

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 130   Return 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;

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           (b)           the person is returned to the United Kingdom to serve the remainder of

his sentence.

     (2)    The person is liable to be detained in pursuance of his sentence.

     (3)    If he is at large he must be treated as being unlawfully at large.

     (4)    Time during which the person was not in the United Kingdom as a result of his

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extradition does not count as time served by him as part of his sentence.

Costs

 131   Costs 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—

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           (a)           an order for the person’s extradition is made under this Part;

           (b)           the High Court dismisses an appeal under section 101 or 106;

           (c)           the High Court or the House of Lords dismisses an application for leave

to appeal to the House of Lords under section 112, if the application is

made by the person;

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           (d)           the House of Lords dismisses an appeal under section 112, 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.

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     (3)    In a case falling within subsection (1)(b) by virtue of section 102(7), the judge

who decides the question that is (or all the questions that are) the subject of a

direction under section 102(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

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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.

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     (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.

 132   Costs where discharge ordered

     (1)    This section applies if any of the following occurs in relation to a person whose

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extradition to a category 2 territory is requested under this Part—

           (a)           an order for the person’s discharge is made under this Part;

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

    68

 

           (b)           the person is taken to be discharged under this Part;

           (c)           the High Court dismisses an appeal under section 103 or 108;

           (d)           the High Court or the House of Lords dismisses an application for leave

to appeal to the House of Lords under section 112, if the application is

made on behalf of the category 2 territory;

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           (e)           the House of Lords dismisses an appeal under section 112, if the appeal

is brought on behalf of the category 2 territory.

     (2)    In a case falling within subsection (1)(a), an order under subsection (5) in

favour of the person may be made by—

           (a)           the appropriate judge, if the order for the person’s discharge is made

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by him or by the Secretary of State;

           (b)           the High Court, if the order for the person’s discharge is made by it;

           (c)           the House of Lords, if the order for the person’s discharge is made by it.

     (3)    In a case falling within subsection (1)(b), the appropriate judge may make an

order under subsection (5) in favour of the person.

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     (4)    In a case falling within subsection (1)(c), (d) or (e), the court by which the

application or appeal is dismissed may make an order under subsection (5) in

favour of the person.

     (5)    An order under this subsection in favour of a person is an order for a payment

of the appropriate amount to be made to the person out of money provided by

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Parliament.

     (6)    The appropriate amount is such amount as the judge or court making the order

under subsection (5) considers reasonably sufficient to compensate the person

in whose favour the order is made for any expenses properly incurred by him

in the proceedings under this Part.

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     (7)    But if the judge or court making an order under subsection (5) is of the opinion

that there are circumstances which make it inappropriate that the person in

whose favour the order is made should recover the full amount mentioned in

subsection (6), the judge or court must—

           (a)           assess what amount would in his or its opinion be just and reasonable;

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           (b)           specify that amount in the order as the appropriate amount.

     (8)    Unless subsection (7) applies, the appropriate amount—

           (a)           must be specified in the order, if the court considers it appropriate for

it to be so specified and the person in whose favour the order is made

agrees the amount;

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           (b)           must be determined in accordance with regulations made by the Lord

Chancellor for the purposes of this section, in any other case.

 133   Costs where discharge ordered: supplementary

     (1)    In England and Wales, subsections (1) and (3) of section 20 of the Prosecution

of Offences Act 1985 (c. 23) (regulations for carrying Part 2 of that Act into

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effect) apply in relation to section 132 as those subsections apply in relation to

Part 2 of that Act.

     (2)    As so applied those subsections have effect as if an order under section 132(5)

were an order under Part 2 of that Act for a payment to be made out of central

funds.

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Extradition Bill
Part 2 — Extradition to category 2 territories

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     (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 132 as

that section applies in relation to sections 2 to 5 of that Act.

Documents

 134   Documents sent by facsimile

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     (1)    Any document to be sent in connection with proceedings under this Part may

be sent by facsimile transmission.

     (2)    If a document mentioned in subsection (1) is sent by facsimile transmission—

           (a)           this Act has effect as if the document so sent were the original used to

make the transmission, and

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           (b)           the document so sent may be received in evidence accordingly.

 135   Receivable documents

     (1)    A duly authenticated document issued in a category 2 territory may be

received in evidence in proceedings under this Part.

     (2)    A document issued in a category 2 territory is duly authenticated if (and only

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if) one of these applies—

           (a)           it purports to be signed by a judge, magistrate or other judicial

authority of the territory;

           (b)           it purports to be authenticated by the oath or affirmation of a witness.

     (3)    Nothing in this section prevents a document that is not duly authenticated

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from being received in evidence in proceedings under this Part.

Repatriation cases

 136   Persons serving sentences outside territory where convicted

     (1)    This section applies if—

           (a)           a request is made for a person’s extradition to a category 2 territory and

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the request contains the statement referred to in subsection (2), or

           (b)           a provisional warrant for a person’s arrest is sought on behalf of a

category 2 territory and the information laid before the justice contains

the statement referred to in subsection (2).

     (2)    The statement is one that the person—

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           (a)           is unlawfully at large from a prison in one territory (the imprisoning

territory) in which he was serving a sentence after conviction of an

offence by a court in another territory (the convicting territory), and

           (b)           was serving the sentence in pursuance of international arrangements

for prisoners sentenced in one territory to be repatriated to another

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territory in order to serve their sentence.

     (3)    If the category 2 territory is either the imprisoning territory or the convicting

territory—

           (a)           section 69(3) has effect as if the reference to the statement referred to in

subsection (4) of that section were a reference to the statement referred

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to in subsection (2) of this section;

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

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           (b)           section 72(1) has effect as if the reference to a person within subsection

(2) of that section were a reference to the person referred to in

subsection (1)(b) of this section.

     (4)    If the category 2 territory is the imprisoning territory—

           (a)           sections 70(2)(a), 72(3)(a) and 77(4)(b) have effect as if “an extradition

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offence” read “an extradition offence in relation to the convicting

territory”;

           (b)           sections 73(7)(a) and 125(2) have effect as if “the category 2 territory in

which he is accused of the commission of an offence or is alleged to

have been convicted of an offence” read “the imprisoning territory”;

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           (c)           section 73(10)(b) has effect as if “the category 2 territory” read “the

imprisoning territory”;

           (d)           section 77(2)(e) has effect as if “the category 2 territory” read “the

convicting territory”.

     (5)    Subsection (1)(b) applies to Scotland with the substitution of “application by

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the procurator fiscal sets out the matters referred to in paragraphs (a) and (b)

of subsection (2)” for “information laid by the justice contains the statement

referred to in subsection (2)”.

     (6)    Subsection (1)(b) applies to Northern Ireland with the substitution of “the

complaint made to” for “the information laid before”.

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Interpretation

 137   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 2 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 2 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 2

territory if these conditions are satisfied—

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           (a)           the conduct occurs in the category 2 territory;

           (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;

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           (c)           the conduct is so punishable under the law of the category 2 territory

(however it is described in that law).

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

territory if these conditions are satisfied—

           (a)           the conduct occurs outside the category 2 territory;

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           (b)           the conduct is punishable under the law of the category 2 territory with

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

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Extradition Bill
Part 2 — Extradition to category 2 territories

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United Kingdom punishable with imprisonment or another form of

detention for a term of 12 months or a greater punishment.

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

territory if these conditions are satisfied—

           (a)           the conduct occurs outside the category 2 territory and no part of it

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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;

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           (c)           the conduct is so punishable under the law of the category 2 territory

(however it is described in that law).

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

territory if these conditions are satisfied—

           (a)           the conduct occurs outside the category 2 territory and no part of it

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occurs in the United Kingdom;

           (b)           the conduct is punishable under the law of the category 2 territory with

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

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

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

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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

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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

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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).

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     (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

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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

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place, in any other case.

     (9)    Subsections (1) to (7) apply for the purposes of this Part.

 

 

 
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