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Extradition Bill


Extradition Bill
Part 2 — Extradition to category 2 territories

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 138   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

category 2 territory of an offence constituted by the conduct, and

           (b)           he has been sentenced for the offence.

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

territory if these conditions are satisfied—

           (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

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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 2

territory in respect of the conduct.

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     (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;

           (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 2

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territory in respect of the conduct;

           (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.

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     (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

occurs in the United Kingdom;

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

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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)           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 2

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territory in respect of the conduct.

     (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

occurs in the United Kingdom;

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

constitute an offence mentioned in subsection (6).

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     (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);

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

    73

 

           (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

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(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

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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.

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     (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;

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           (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.

 139   The appropriate judge

     (1)    The appropriate judge is—

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           (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;

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

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

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     (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).

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

 140   The extradition hearing

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     (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.

 141   Scotland: references to Secretary of State

     (1)    This Part applies in relation to any function which falls under this Part to be

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exercised in relation to Scotland only as if references in this Part to the

Secretary of State were to the Scottish Ministers.

 

 

Extradition Bill
Part 3 — Extradition to the United Kingdom

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     (2)    Subsection (1) does not apply to the references to the Secretary of State in

sections 82(3), 100(4) and 119.

Part 3

Extradition to the United Kingdom

Extradition from category 1 territories

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 142   Issue of Part 3 warrant

     (1)    The appropriate judge may issue a Part 3 warrant in respect of a person if—

           (a)           a constable or an appropriate person applies to the judge for a Part 3

warrant, and

           (b)           the condition in subsection (2) is satisfied.

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     (2)    The condition is that a domestic warrant has been issued in respect of the

person and there is reason to believe—

           (a)           that the person has committed an extradition offence, or

           (b)           that the person is unlawfully at large after conviction of an extradition

offence by a court in the United Kingdom.

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     (3)    A Part 3 warrant is an arrest warrant which contains—

           (a)           the statement referred to in subsection (4) or the statement referred to

in subsection (5), and

           (b)           the certificate referred to in subsection (6).

     (4)    The statement is one that—

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           (a)           the person in respect of whom the warrant is issued is accused in the

United Kingdom of the commission of an extradition offence specified

in the warrant, and

           (b)           the warrant is issued with a view to his arrest and extradition to the

United Kingdom for the purpose of being prosecuted for the offence.

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     (5)    The statement is one that—

           (a)           the person in respect of whom the warrant is issued is alleged to be

unlawfully at large after conviction of an extradition offence specified

in the warrant by a court in the United Kingdom, and

           (b)           the warrant is issued with a view to his arrest and extradition to the

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United Kingdom for the purpose of being sentenced for the offence or

of serving a sentence of imprisonment or another form of detention

imposed in respect of the offence.

     (6)    The certificate is one certifying—

           (a)           whether the conduct constituting the extradition offence specified in

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the warrant falls within the European framework list;

           (b)           whether the offence is an extra-territorial offence;

           (c)           what is the maximum punishment that may be imposed on conviction

of the offence or (if the person has been sentenced for the offence) what

sentence has been imposed.

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     (7)    The conduct which falls within the European framework list must be taken for

the purposes of subsection (6)(a) to include conduct which constitutes—

 

 

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Part 3 — Extradition to the United Kingdom

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           (a)           an attempt, conspiracy or incitement to carry out conduct falling within

the list, or

           (b)           aiding, abetting, counselling or procuring the carrying out of conduct

falling within the list.

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

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European framework decision.

     (9)    A domestic warrant is a warrant for the arrest or apprehension of a person

which is issued under any of these—

           (a)           section 72 of the Criminal Justice Act 1967 (c. 80);

           (b)           section 7 of the Bail Act 1976 (c. 63);

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           (c)           section 51 of the Judicature (Northern Ireland) Act 1978 (c. 23);

           (d)           section 1 of the Magistrates’ Courts Act 1980 (c. 43);

           (e)           Article 20 or 25 of the Magistrates’ Courts (Northern Ireland) Order

1981 (S.I. 1981/ 1675 (N.I. 26));

           (f)           the Criminal Procedure (Scotland) Act 1995 (c. 46).

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     (10)   An appropriate person is a person of a description specified in an order made

by the Secretary of State for the purposes of this section.

     (11)   Subsection (1)(a) applies to Scotland with the substitution of “a procurator

fiscal” for “a constable or an appropriate person”.

 143   Undertaking in relation to person serving sentence

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     (1)    This section applies if—

           (a)           a Part 3 warrant is issued in respect of a person;

           (b)           the person is serving a sentence of imprisonment or another form of

detention in a category 1 territory;

           (c)           the person’s extradition to the United Kingdom from the category 1

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territory in pursuance of the warrant is made subject to a condition that

an undertaking is given on behalf of the United Kingdom with regard

to his treatment in the United Kingdom or his return to the category 1

territory (or both).

     (2)    The Secretary of State may give an undertaking to a person acting on behalf of

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the category 1 territory with regard to either or both of these things—

           (a)           the treatment in the United Kingdom of the person in respect of whom

the warrant is issued;

           (b)           the return of that person to the category 1 territory.

     (3)    The terms which may be included by the Secretary of State in an undertaking

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given under subsection (2) in relation to a person accused in the United

Kingdom of the commission of an offence include terms—

           (a)           that the person be kept in custody until the conclusion of the

proceedings against him for the offence and any other offence in

respect of which he is permitted to be dealt with in the United

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Kingdom;

           (b)           that the person be returned to the category 1 territory to serve the

remainder of his sentence on the conclusion of those proceedings.

     (4)    The terms which may be included by the Secretary of State in an undertaking

given under subsection (2) in relation to a person alleged to be unlawfully at

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large after conviction of an offence by a court in the United Kingdom include

 

 

Extradition Bill
Part 3 — Extradition to the United Kingdom

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terms that the person be returned to the category 1 territory to serve the

remainder of his sentence after serving any sentence imposed on him in the

United Kingdom.

     (5)    If the Part 3 warrant was issued by a sheriff, the preceding provisions of this

section apply as if the references to the Secretary of State were to the Scottish

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Ministers.

 144   Return to extraditing territory to serve sentence

     (1)    This section applies if—

           (a)           a Part 3 warrant is issued in respect of a person;

           (b)           the warrant states that it is issued with a view to his extradition to the

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United Kingdom for the purpose of being prosecuted for an offence;

           (c)           he is extradited to the United Kingdom from a category 1 territory in

pursuance of the warrant;

           (d)           he is extradited on the condition that, if he is convicted of the offence

and a sentence of imprisonment or another form of detention is

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imposed in respect of it, he must be returned to the category 1 territory

to serve the sentence;

           (e)           he is convicted of the offence and a sentence of imprisonment or

another form of detention is imposed in respect of it.

     (2)    The person must be returned to the category 1 territory to serve the sentence as

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soon as is reasonably practicable after the sentence is imposed.

     (3)    If subsection (2) is complied with the punishment for the offence must be

treated as remitted but the person’s conviction for the offence must be treated

as a conviction for all other purposes.

     (4)    If subsection (2) is not complied with and the person applies to the appropriate

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judge to be discharged the judge must order his discharge, unless reasonable

cause is shown for the delay.

 145   Service 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;

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           (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

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United Kingdom from the category 1 territory.

     (2)    The punishment for the offence must be treated as remitted but the person’s

conviction for the offence must be treated as a conviction for all other purposes.

 146   Dealing with person for other offences

     (1)    This section applies if a person is extradited to the United Kingdom from a

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category 1 territory in pursuance of a Part 3 warrant.

     (2)    The person may be dealt with in the United Kingdom for an offence committed

before his extradition only if—

 

 

Extradition Bill
Part 3 — Extradition to the United Kingdom

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           (a)           the offence is one falling within subsection (3), or

           (b)           the condition in subsection (4) is satisfied.

     (3)    The offences are—

           (a)           the offence in respect of which the person is extradited;

           (b)           an offence disclosed by the information provided to the category 1

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territory in respect of that offence;

           (c)           an extradition offence in respect of which consent to the person being

dealt with is given on behalf of the territory;

           (d)           an extradition offence in respect of which consent to the person being

dealt with is treated as given on behalf of the territory;

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           (e)           an offence which is not punishable with imprisonment or another form

of detention;

           (f)           an offence in respect of which the person will not be detained in

connection with his trial, sentence or appeal;

           (g)           an offence in respect of which the person waives the right that he would

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have (but for this paragraph) not to be dealt with for the offence.

     (4)    The condition is that the person has been given an opportunity to leave the

United Kingdom and—

           (a)           he has not done so before the end of the permitted period, or

           (b)           he has done so before the end of the permitted period and has returned

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to the United Kingdom.

     (5)    The permitted period is 45 days starting with the day on which the person

arrives in the United Kingdom.

 147   Effect of consent to extradition to the United Kingdom

     (1)    This section applies if—

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           (a)           a person is extradited to the United Kingdom from a category 1

territory in pursuance of a Part 3 warrant;

           (b)           the person consented to his extradition to the United Kingdom in

accordance with the law of the category 1 territory.

     (2)    Section 146(2) does not apply if the conditions in subsection (3) or the

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conditions in subsection (4) are satisfied.

     (3)    The conditions are that—

           (a)           under the law of the category 1 territory, the effect of the person’s

consent is to waive his right under section 146(2);

           (b)           the person has not revoked his consent in accordance with that law, if

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he is permitted to do so under that law.

     (4)    The conditions are that—

           (a)           under the law of the category 1 territory, the effect of the person’s

consent is not to waive his right under section 146(2);

           (b)           the person has expressly waived his right under section 146(2) in

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accordance with that law;

           (c)           the person has not revoked his consent in accordance with that law, if

he is permitted to do so under that law;

           (d)           the person has not revoked the waiver of his right under section 146(2)

in accordance with that law, if he is permitted to do so under that law.

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