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Extradition Bill


Extradition Bill
Part 3 — Extradition to the United Kingdom

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 148   Extradition offences

     (1)    Conduct constitutes an extradition offence in relation to the United Kingdom

if these conditions are satisfied—

           (a)           the conduct occurs in the United Kingdom;

           (b)           the conduct is punishable under the law of the relevant part of the

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United Kingdom with imprisonment or another form of detention for a

term of 12 months or a greater punishment.

     (2)    Conduct also constitutes an extradition offence in relation to the United

Kingdom if these conditions are satisfied—

           (a)           the conduct occurs outside the United Kingdom;

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           (b)           the conduct constitutes an extra-territorial offence punishable under

the law of the relevant part of the United Kingdom with imprisonment

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

punishment.

     (3)    But subsections (1) and (2) do not apply in relation to conduct of a person if—

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

United Kingdom of the offence constituted by the conduct, and

           (b)           he has been sentenced for the offence.

     (4)    Conduct also constitutes an extradition offence in relation to the United

Kingdom if these conditions are satisfied—

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           (a)           the conduct occurs in the United Kingdom;

           (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 United

Kingdom in respect of the conduct.

     (5)    Conduct also constitutes an extradition offence in relation to the United

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Kingdom if these conditions are satisfied—

           (a)           the conduct occurs outside the United Kingdom;

           (b)           the conduct constitutes an extra-territorial offence;

           (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 United

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Kingdom in respect of the conduct.

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

which the relevant proceedings are taking place.

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

whether conduct constitutes an extradition offence.

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     (8)    Subsections (1) to (5) apply for the purposes of sections 142 to 147.

 149   The appropriate judge

     (1)    The appropriate judge is—

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

of the peace or a judge entitled to exercise the jurisdiction of the Crown

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Court;

           (b)           in Scotland, a sheriff;

           (c)           in Northern Ireland, a justice of the peace, a resident magistrate or a

Crown Court judge.

     (2)    This section applies for the purposes of sections 142 to 147.

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Extradition Bill
Part 3 — Extradition to the United Kingdom

    79

 

Extradition from category 2 territories

 150   Dealing with person for other offences: Commonwealth countries etc.

     (1)    This section applies if—

           (a)           a person is extradited to the United Kingdom from a category 2

territory under law of the territory corresponding to Part 2 of this Act,

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and

           (b)           the territory is a Commonwealth country, a British overseas territory or

the Hong Kong Special Administrative Region of the People’s Republic

of China.

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

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before his extradition only if—

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

           (b)           the condition in subsection (6) is satisfied.

     (3)    The offences are—

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

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           (b)           a lesser offence disclosed by the information provided to the category 2

territory in respect of that offence;

           (c)           an offence in respect of which consent to the person being dealt with is

given by or on behalf of the relevant authority.

     (4)    An offence is a lesser offence in relation to another offence if the maximum

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punishment for it is less severe than the maximum punishment for the other

offence.

     (5)    The relevant authority is—

           (a)           if the person has been extradited from a Commonwealth country, the

government of the country;

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           (b)           if the person has been extradited from a British overseas territory, the

person administering the territory;

           (c)           if the person has been extradited from the Hong Kong Special

Administrative Region of the People’s Republic of China, the

government of the Region.

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     (6)    The condition is that the protected period has ended.

     (7)    The protected period is 45 days starting with the first day after his extradition

to the United Kingdom on which the person is given an opportunity to leave

the United Kingdom.

     (8)    A person is dealt with in the United Kingdom for an offence if—

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           (a)           he is tried there for it;

           (b)           he is detained with a view to trial there for it.

 151   Dealing with person for other offences: other category 2 territories

     (1)    This section applies if—

           (a)           a person is extradited to the United Kingdom from a category 2

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territory under law of the territory corresponding to Part 2 of this Act,

and

           (b)           the territory is not one falling within section 150(1)(b).

 

 

Extradition Bill
Part 3 — Extradition to the United Kingdom

    80

 

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

before his extradition only if—

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

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

     (3)    The offences are—

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

           (b)           an offence disclosed by the information provided to the category 2

territory in respect of that offence;

           (c)           an offence in respect of which consent to the person being dealt with is

given on behalf of the territory.

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     (4)    The condition is that—

           (a)           the person has returned to the territory from which he was extradited,

or

           (b)           the person has been given an opportunity to leave the United Kingdom.

     (5)    A person is dealt with in the United Kingdom for an offence if—

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           (a)           he is tried there for it;

           (b)           he is detained with a view to trial there for it.

 152   Remission of punishment for other offences

     (1)    This section applies if—

           (a)           a person is extradited to the United Kingdom from a category 2

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territory under law of the territory corresponding to Part 2 of this Act;

           (b)           before his extradition he has been convicted of an offence in the United

Kingdom;

           (c)           he has not been extradited in respect of that offence.

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

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

 153   Return of person acquitted or not tried

     (1)    This section applies if—

           (a)           a person is accused in the United Kingdom of the commission of an

offence;

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           (b)           the person is extradited to the United Kingdom in respect of the offence

from a category 2 territory under law of the territory corresponding to

Part 2 of this Act;

           (c)           the condition in subsection (2) or the condition in subsection (3) is

satisfied.

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     (2)    The condition is that proceedings against the person for the offence are not

begun before the end of the required period, which is 6 months starting with

the day on which the person arrives in the United Kingdom on his extradition.

     (3)    The condition is that at his trial for the offence the person is acquitted or is

discharged under any of these provisions—

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           (a)           section 12(1) of the Powers of Criminal Courts (Sentencing) Act 2000

(c. 6);

           (b)           section 246(1), (2) or (3) of the Criminal Procedure (Scotland) Act 1995

(c. 46);

 

 

Extradition Bill
Part 4 — Police powers

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           (c)           Article 4(1) of the Criminal Justice (Northern Ireland) Order 1996 (S.I.

1996/3160 (N.I. 24)).

     (4)    The Secretary of State must, if asked to do so by the person, arrange for him to

be sent back to the territory free of charge and with as little delay as possible.

     (5)    If the accusation in subsection (1)(a) relates to the commission of an offence in

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Scotland, subsection (4) applies as if the reference to the Secretary of State were

a reference to the Scottish Ministers.

Service personnel

 154   Service personnel

The Secretary of State may by order provide for the preceding provisions of

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this Part to have effect with specified modifications in relation to a case where

the person whose extradition is sought or ordered is subject to military law, air-

force law or the Naval Discipline Act 1957 (c. 53).

Part 4

Police powers

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Warrants and orders

 155   Search and seizure warrants

     (1)    A justice of the peace may, on an application made to him by a constable, issue

a search and seizure warrant if he is satisfied that the requirements for the issue

of a search and seizure warrant are fulfilled.

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     (2)    The application for a search and seizure warrant must state that—

           (a)           the extradition of a person specified in the application is sought under

Part 1 or Part 2;

           (b)           the warrant is sought in relation to premises specified in the

application;

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           (c)           the warrant is sought in relation to material, or material of a

description, specified in the application.

     (3)    If the application states that the extradition of the person is sought under Part

1, the application must also state that the person is accused in a category 1

territory specified in the application of the commission of an offence—

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           (a)           which is specified in the application, and

           (b)           which is an extradition offence within the meaning given by section 63.

     (4)    If the application states that the extradition of the person is sought under Part

2, the application must also state that the person is accused in a category 2

territory specified in the application of the commission of an offence—

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           (a)           which is specified in the application, and

           (b)           which is an extradition offence within the meaning given by section

137.

     (5)    A search and seizure warrant is a warrant authorising a constable—

 

 

Extradition Bill
Part 4 — Police powers

    82

 

           (a)           to enter and search the premises specified in the application for the

warrant, and

           (b)           to seize and retain any material found there which falls within

subsection (6).

     (6)    Material falls within this subsection if—

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           (a)           it would be likely to be admissible evidence at a trial in the relevant part

of the United Kingdom for the offence specified in the application for

the warrant (on the assumption that conduct constituting that offence

would constitute an offence in that part of the United Kingdom), and

           (b)           it does not consist of or include items subject to legal privilege,

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excluded material or special procedure material.

     (7)    The relevant part of the United Kingdom is the part of the United Kingdom

where the judge exercises jurisdiction.

     (8)    The requirements for the issue of a search and seizure warrant are that there

are reasonable grounds for believing that—

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           (a)           the offence specified in the application has been committed by the

person so specified;

           (b)           the person is in the United Kingdom or is on his way to the United

Kingdom;

           (c)           the offence is an extradition offence within the meaning given by

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section 63 (if subsection (3) applies) or section 137 (if subsection (4)

applies);

           (d)           there is material on premises specified in the application which falls

within subsection (6);

           (e)           any of the conditions referred to in subsection (9) is satisfied.

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     (9)    The conditions are—

           (a)           that it is not practicable to communicate with a person entitled to grant

entry to the premises;

           (b)           that it is practicable to communicate with a person entitled to grant

entry to the premises but it is not practicable to communicate with a

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person entitled to grant access to the material referred to in subsection

(8)(d);

           (c)           that entry to the premises will not be granted unless a warrant is

produced;

           (d)           that the purpose of a search may be frustrated or seriously prejudiced

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unless a constable arriving at the premises can secure immediate entry

to them.

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

modifications—

           (a)           in subsection (1) for “justice of the peace” substitute “sheriff”;

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           (b)           in subsection (1) for “constable” substitute “procurator fiscal”;

           (c)           for “search and seizure warrant” substitute “warrant to search”;

           (d)           in subsection (6)(b) omit the words “, excluded material or special

procedure material”.

 

 

 
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