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

    97

 

     (2)    A relevant provision is a provision of this Act that applies if a person is

extradited to the United Kingdom from a category 2 territory falling within any

of paragraphs (a) to (c) of subsection (1).

     (3)    An Order in Council under this section may provide that the provision applied

has effect with specified modifications.

5

 179   Extradition from other category 2 territories

     (1)    This Act applies if a person is extradited to a British overseas territory from a

category 2 territory falling within subsection (2) as it applies if a person is

extradited to the United Kingdom from the category 2 territory.

     (2)    A category 2 territory falls within this subsection if it is not—

10

           (a)           a Commonwealth country;

           (b)           a British overseas territory;

           (c)           the Hong Kong Special Administrative Region of the People’s Republic

of China.

     (3)    As applied by subsection (1) this Act has effect with—

15

           (a)           any modifications as to procedure specified in the law of the British

overseas territory;

           (b)           any modifications specified in an Order in Council under section 68

designating the category 2 territory for the purposes of Part 2.

     (4)    Subsection (1) does not apply in the case of a person extradited to a British

20

overseas territory from a category 2 territory if an Order in Council under

section 68 designating the category 2 territory for the purposes of Part 2 so

provides.

 180   British overseas territories and the United Kingdom

     (1)    An Order in Council may apply any provision of this Act applicable to

25

extradition from the United Kingdom to extradition from a British overseas

territory to the United Kingdom.

     (2)    An Order in Council may apply any provision of this Act applicable to

extradition to the United Kingdom to extradition to a British overseas territory

from the United Kingdom.

30

     (3)    An Order in Council under this section may provide that the provision applied

has effect with specified modifications.

Competing extradition claims

 181   Competing claims to extradition

     (1)    This section applies if at the same time—

35

           (a)           there is a Part 1 warrant in respect of a person, a certificate has been

issued under section 2 in respect of the warrant, and the person has not

been extradited in pursuance of the warrant or discharged, and

           (b)           there is a request for the same person’s extradition, a certificate has

been issued under section 69 in respect of the request, and the person

40

has not been extradited in pursuance of the request or discharged.

 

 

Extradition Bill
Part 5 — Miscellaneous and general

    98

 

     (2)    The Secretary of State may—

           (a)           order proceedings (or further proceedings) on one of them (the warrant

or the request) to be deferred until the other one has been disposed of,

if neither the warrant nor the request has been disposed of;

           (b)           order the person’s extradition in pursuance of the warrant to be

5

deferred until the request has been disposed of, if an order for his

extradition in pursuance of the warrant has been made;

           (c)           order the person’s extradition in pursuance of the request to be

deferred until the warrant has been disposed of, if an order for his

extradition in pursuance of the request has been made;

10

     (3)    In applying subsection (2) the Secretary of State must take account of these

matters—

           (a)           the relative seriousness of the offences concerned;

           (b)           the place where each offence was committed (or was alleged to have

been committed);

15

           (c)           the date when the warrant was issued and the date when the request

was received;

           (d)           whether, in the case of each offence, the person is accused of its

commission (but not alleged to have been convicted) or is alleged to be

unlawfully at large after conviction.

20

     (4)    If both the certificates referred to in subsection (1) are issued in Scotland, the

preceding provisions of this section apply as if the references to the Secretary

of State were to the Scottish Ministers.

 182   Proceedings on deferred warrant or request

     (1)    This section applies if—

25

           (a)           an order is made under this Act deferring proceedings on an

extradition claim in respect of a person (the deferred claim) until

another extradition claim in respect of the person has been disposed of,

and

           (b)           the other extradition claim is disposed of.

30

     (2)    If the person applies to the appropriate judge to be discharged, the judge may

order his discharge.

     (3)    The person must be taken to be discharged at the end of the required period if

before the end of that period the appropriate judge does not—

           (a)           make an order for proceedings on the deferred claim to be resumed, or

35

           (b)           order the person’s discharge.

     (4)    The required period is 21 days starting with the day on which the other

extradition claim is disposed of.

     (5)    If the proceedings on the deferred claim were under Part 1, section 66 applies

for determining the appropriate judge.

40

     (6)    If the proceedings on the deferred claim were under Part 2, section 139 applies

for determining the appropriate judge.

     (7)    An extradition claim is made in respect of a person if—

           (a)           a Part 1 warrant is issued in respect of him;

           (b)           a request for his extradition is made.

45

 

 

Extradition Bill
Part 5 — Miscellaneous and general

    99

 

 183   Proceedings where extradition deferred

     (1)    This section applies if—

           (a)           an order is made under this Act deferring a person’s extradition in

pursuance of an extradition claim (the deferred claim) until another

extradition claim in respect of him has been disposed of;

5

           (b)           the other extradition claim is disposed of.

     (2)    If the person applies to the appropriate judge to be discharged, the judge may

order his discharge.

     (3)    The person must be taken to be discharged at the end of the required period if

before the end of that period the appropriate judge does not—

10

           (a)           make an order for the person’s extradition in pursuance of the deferred

claim to cease to be deferred, or

           (b)           order the person’s discharge.

     (4)    The required period is 21 days starting with the day on which the other

extradition claim is disposed of.

15

     (5)    If the person’s extradition in pursuance of the deferred claim was ordered

under Part 1, section 66 applies for determining the appropriate judge.

     (6)    If the person’s extradition in pursuance of the deferred claim was ordered

under Part 2, section 139 applies for determining the appropriate judge.

     (7)    An extradition claim is made in respect of a person if—

20

           (a)           a Part 1 warrant is issued in respect of him;

           (b)           a request for his extradition is made.

Legal aid

 184   Legal aid: Scotland

The provisions of the Legal Aid (Scotland) Act 1986 (c. 47) apply—

25

           (a)           in relation to proceedings in Scotland before the appropriate judge

under Part 1, 2 or 5 of this Act as those provisions apply in relation to

summary proceedings;

           (b)           in relation to any proceedings on appeal arising out of such

proceedings before the appropriate judge as those provisions apply in

30

relation to appeals in summary proceedings.

 185   Grant of free legal aid: Northern Ireland

     (1)    The appropriate judge may grant free legal aid to a person in connection with

proceedings under Part 1 or Part 2 before the judge or the High Court.

     (2)    A judge of the High Court may grant free legal aid to a person in connection

35

with proceedings under Part 1 or Part 2 before the High Court or the House of

Lords.

     (3)    If the appropriate judge refuses to grant free legal aid under subsection (1) in

connection with proceedings before the High Court the person may appeal to

the High Court against the judge’s decision.

40

 

 

Extradition Bill
Part 5 — Miscellaneous and general

    100

 

     (4)    A judge of the High Court may grant free legal aid to a person in connection

with proceedings on an appeal under subsection (3).

     (5)    Free legal aid may be granted to a person under subsection (1), (2) or (4) only

if it appears to the judge that—

           (a)           the person’s means are insufficient to enable him to obtain legal aid,

5

and

           (b)           it is desirable in the interests of justice that the person should be

granted free legal aid.

     (6)    On an appeal under subsection (3) the High Court may—

           (a)           allow the appeal;

10

           (b)           dismiss the appeal.

     (7)    The High Court may allow an appeal under subsection (3) only if it appears to

the High Court that—

           (a)           the person’s means are insufficient to enable him to obtain legal aid,

and

15

           (b)           it is desirable in the interests of justice that the person should be

granted free legal aid.

     (8)    If the High Court allows an appeal under subsection (3) it must grant free legal

aid to the person in connection with the proceedings under Part 1 or Part 2

before it.

20

     (9)    If on a question of granting free legal aid under this section or of allowing an

appeal under subsection (3) there is a doubt as to whether—

           (a)           the person’s means are insufficient to enable him to obtain legal aid, or

           (b)           it is desirable in the interests of justice that the person should be

granted free legal aid,

25

            the doubt must be resolved in favour of granting him free legal aid.

     (10)   References in this section to granting free legal aid to a person are to assigning

to him—

           (a)           a solicitor and counsel, or

           (b)           a solicitor only, or

30

           (c)           counsel only.

 186   Free legal aid: supplementary

     (1)    The provisions of the Legal Aid, Advice and Assistance (Northern Ireland)

Order 1981 (S.I. 1981/228 (N.I. 8)) listed in subsection (2) apply in relation to

free legal aid under section 185 in connection with proceedings before the

35

appropriate judge or the High Court as they apply in relation to free legal aid

under Part III of the Order.

     (2)    The provisions are—

           (a)           Article 32 (statements of means);

           (b)           Article 36(1) (payment of legal aid);

40

           (c)           Article 36(3) and (4) (rules);

           (d)           Article 36A (solicitors excluded from legal aid work);

           (e)           Article 37 (remuneration of solicitors and counsel);

           (f)           Article 40 (stamp duty exemption).

     (3)    As so applied those Articles have effect as if—

45

 

 

Extradition Bill
Part 5 — Miscellaneous and general

    101

 

           (a)           a person granted free legal aid under section 185 had been granted a

criminal aid certificate under Part III of the Order;

           (b)           section 185 were contained in Part III of the Order.

     (4)    The fees of any counsel, and the expenses and fees of any solicitor, assigned to

a person under section 185 in connection with proceedings before the House of

5

Lords must be paid by the Lord Chancellor.

     (5)    The fees and expenses paid under subsection (4) must not exceed the amount

allowed by—

           (a)           the House of Lords, or

           (b)           such officer or officers of the House of Lords as may be prescribed by

10

order of the House of Lords.

     (6)    For the purposes of section 185 and this section the appropriate judge is—

           (a)           such county court judge or resident magistrate as is designated for the

purposes of Part 1 by the Lord Chancellor, if the proceedings are under

Part 1;

15

           (b)           such county court judge or resident magistrate as is designated for the

purposes of Part 2 by the Lord Chancellor, if the proceedings are under

Part 2.

Asylum appeals

 187   Asylum appeal to High Court where extradition ordered

20

     (1)    This section applies if—

           (a)           a person in respect of whom an extradition claim is made makes an

asylum claim at any time in the relevant period;

           (b)           the asylum claim is rejected by the Secretary of State;

           (c)           an order is made under Part 1 or 2 for the person to be extradited in

25

pursuance of the extradition claim.

     (2)    The relevant period is the period starting when a certificate is issued under

section 2 or 69 in respect of the extradition claim and ending when the earliest

of these occurs—

           (a)           the person is extradited in pursuance of the extradition claim;

30

           (b)           an order for the person’s discharge is made under this Act;

           (c)           the person is taken to be discharged under this Act.

     (3)    The person has no right of appeal under section 83 of the Nationality,

Immigration and Asylum Act 2002 (c. 41) against the rejection of the asylum

claim.

35

     (4)    If (apart from subsection (3)) the person would have such a right of appeal, he

may appeal to the High Court against the rejection of the asylum claim.

     (5)    These provisions of the Nationality, Immigration and Asylum Act 2002 apply

to an appeal to the High Court under this section as they apply to an appeal to

an adjudicator under section 83 of that Act—

40

           (a)           section 85(4) (consideration of relevant evidence);

           (b)           section 86 (determination of appeal);

           (c)           section 87 (successful appeal: direction);

           (d)           section 97 (national security etc.);

 

 

Extradition Bill
Part 5 — Miscellaneous and general

    102

 

           (e)           section 99 (section 97 certificate: appeal in progress);

           (f)           section 110 (grants).

     (6)    In section 2 of the Special Immigration Appeals Commission Act 1997 (c. 68)

(jurisdiction: appeals)—

           (a)           in subsection (1)(a) after “2002” insert “or section 187 of the Extradition

5

Act 2003” and for “that Act” substitute “the Nationality, Immigration

and Asylum Act 2002”;

           (b)           in subsection (1)(b) after “83(2) of that Act” insert “or section 187 of the

Extradition Act 2003” and for “section 99 of that Act” substitute “section

99 of the Nationality, Immigration and Asylum Act 2002”;

10

           (c)           in subsection (3) after “2002” insert “or section 187 of the Extradition

Act 2003” and for “that Act” in paragraph (a) substitute “the

Nationality, Immigration and Asylum Act 2002”.

     (7)    An extradition claim is made in respect of a person if—

           (a)           a Part 1 warrant is issued in respect of him;

15

           (b)           a request for his extradition is made.

     (8)    “Asylum claim” has the meaning given by section 113 of the Nationality,

Immigration and Asylum Act 2002.

 188   Asylum appeal to House of Lords where extradition ordered

     (1)    An appeal lies to the House of Lords from a decision of the High Court on an

20

appeal under section 187.

     (2)    An appeal under this section lies at the instance of a party to the appeal under

section 187.

     (3)    An appeal under this section lies only with the leave of the High Court or the

House of Lords.

25

     (4)    Leave to appeal under this section must not be granted unless—

           (a)           the High Court has certified that there is a point of law of general public

importance involved in the decision, and

           (b)           it appears to the court granting leave that the point is one which ought

to be considered by the House of Lords.

30

     (5)    An application to the High Court for leave to appeal under this section must be

made before the end of the permitted period, which is 14 days starting with the

day on which the court makes its decision on the appeal to it.

     (6)    An application to the House of Lords for leave to appeal under this section

must be made before the end of the permitted period, which is 14 days starting

35

with the day on which the High Court refuses leave to appeal.

     (7)    The High Court may grant bail to a person appealing under this section or

applying for leave to appeal under this section.

     (8)    Section 5 of the Appellate Jurisdiction Act 1876 (c. 59) (composition of House

of Lords for hearing and determination of appeals) applies in relation to an

40

appeal under this section or an application for leave to appeal under this

section as it applies in relation to an appeal under that Act.

     (9)    An order of the House of Lords which provides for an application for leave to

appeal under this section to be determined by a committee constituted in

 

 

Extradition Bill
Part 5 — Miscellaneous and general

    103

 

accordance with section 5 of the Appellate Jurisdiction Act 1876 may direct that

the decision of the committee is taken on behalf of the House.

     (10)   Subsections (1), (2) and (4) of section 102 of the Nationality, Immigration and

Asylum Act 2002 apply to an appeal to the House of Lords under this section

as they apply to an appeal to the Immigration Appeal Tribunal under section

5

101 of that Act.

     (11)   As so applied, those subsections have effect as if references to the adjudicator

or an adjudicator were to the High Court.

     (12)   The preceding provisions of this section do not apply to Scotland.

Other miscellaneous provisions

10

 189   Human rights: appropriate tribunal

     (1)    The appropriate judge is the only appropriate tribunal in relation to

proceedings under section 7(1)(a) of the Human Rights Act 1998 (c. 42)

(proceedings for acts incompatible with Convention rights) if the proceedings

relate to extradition under Part 1 or Part 2 of this Act.

15

     (2)    If the proceedings relate to extradition under Part 1, section 66 applies for

determining the appropriate judge.

     (3)    If the proceedings relate to extradition under Part 2, section 139 applies for

determining the appropriate judge.

 190   Delivery up to International Criminal Court

20

     (1)    Part 2 of Schedule 2 to the International Criminal Court Act 2001 (c. 17)

(delivery up to International Criminal Court of persons subject to extradition

proceedings) is amended as follows.

     (2)    In paragraph 7 (meaning of extradition proceedings) after “court” insert “or

judge” and at the end add “, or

25

                    (c)                      the Extradition Act 2003”.

     (3)    In paragraph 8 (extradition proceedings in England and Wales or Northern

Ireland) after sub-paragraph (5) add—

                       “(6)                References in this paragraph to a court include references to a judge.”

     (4)    In paragraph 9 (extradition proceedings in Scotland) after sub-paragraph (3)

30

add—

                       “(4)                References in this paragraph to a court include references to a judge.”

     (5)    In paragraph 10(1) (power to suspend or revoke warrant or order) after

paragraph (b) insert “, or

                    (c)                      whose extradition has been ordered under the Extradition

35

Act 2003,”.

     (6)    In paragraph 10(2) omit the words “by a court or judicial officer”.

 191   Genocide, crimes against humanity and war crimes

     (1)    This section applies if—

 

 

 
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