House of Lords - Explanatory Note
Extradition Bill - continued          House of Lords

back to previous text

Clause 199: Reasonable force

538.     Reasonable force can be used when necessary in the use of any power described in the Bill.

Clause 200: Rules of court

539.     This clause allows rules of court to be made to govern court practice and procedure regarding proceedings under this Bill.

Clause 201: Disposal of Part 1 warrant and extradition request

540.     This clause defines what is meant by the disposal of a Part 1 warrant and an extradition request. Subsection (1) provides that a Part 1 warrant is disposed of when an order is made for the person's discharge or extradition and there is no further possibility of appeal (see below), or when the person is taken to be discharged under this Bill. Similarly subsection (2) provides that an extradition request is also disposed of when such an order is made and there is no possible route of appeal open, or when the person is taken to be discharged.

541.     Subsection (3) provides that there is no further possibility of an appeal:

  • when no notice of appeal has been given and the period permitted for doing so has ended;

  • when the decision of the High Court on the appeal becomes final (see below), if no appeal is made against that decision;

  • when the decision of the House of Lords is made, if an appeal is made against the decision of the High Court.

542.     The decision of the High Court on the appeal is final (subsection (4)):

  • when no application has been made to the High Court for leave to appeal to the House of Lords and the period permitted for doing so has ended;

  • when the High Court has refused leave to appeal to the House of Lords, no application has been made to the House of Lords for leave to appeal and the period permitted for doing so has ended;

  • when the House of Lords refuses leave to appeal;

  • if, after 28 days of leave being granted to appeal to the House of Lords, no such appeal has been brought.

543.     Subsection (5) prevents a court's power to extend a permitted period or give leave to take a step out of time from being taken into account for the purposes of subsections (3) and (4).

544.     Subsection (6) states that subsections (3) to (5) do not apply to Scotland (see clause 32 above).

Clause 202: Disposal of charge

545.     This clause defines what is meant by the disposal of a charge against a person. Subsection (1) provides that a charge is disposed of when the person is acquitted or when he is convicted and there is no further possibility of an appeal against the conviction.

546.     Subsection (2) provides that there is no further possibility of an appeal:

  • when the period permitted for applying for leave to appeal to the Court of Appeal ends, if leave is required and no notice of application for leave is given;

  • when leave to appeal to the Court of Appeal is refused, if leave is required and notice of application for leave is given in time;

  • when the period permitted for giving notice of appeal against conviction to the Court of Appeal ends, if no such notice is given;

  • when the decision of the Court of Appeal on such an appeal becomes final (see below), if there is no appeal against that decision;

  • when the decision of the House of Lords is made, if an appeal is made against the decision of the court of Appeal.

547.     The decision of the Court of Appeal on an appeal is final (subsection (3)):

  • when the period permitted for applying to the Court of Appeal for leave to appeal to the House of Lords ends, if no such application is made;

  • when the period permitted for applying to the House of Lords for leave to appeal to it ends, if the Court of Appeal has refused leave to appeal to the House of Lords and no application has been made to the House of Lords;

  • when the House of Lords refuses leave to appeal;

  • if, after 28 days of leave being granted to appeal to the House of Lords, no such appeal has been brought.

548.     Subsection (4) prevents a court's power to extend a permitted period or give leave to take a step out of time from being taken into account for the purposes of subsections (2) and (3).

549.     Subsection (5) states that subsections (2) to (4) do not apply to Scotland (see clause 32 above).

Clause 203: Other interpretative provisions

550.     This clause defines various terms used in the Bill, as follows:

  • category 1 territory must be read in accordance with clause 1;

  • category 2 territory must be read in accordance with clause 68;

  • Part 1 warrant must be read in accordance with clause 2;

  • Part 3 warrant must be read in accordance with clause 142;

  • valid request for a person's extradition must be read in accordance with clause 69;

  • a customs officer is a person commissioned by the Commissioners of Customs and Excise;

  • the European framework decision means the framework decision of the Council of the European Union made on 13th June 2002 on the European arrest warrant and the surrender procedures between member states (2002/584/JHA);

  • for Scotland "High Court" means the High Court of the Justiciary;

  • for Scotland references to an appeal being discontinued are to be taken as references to an appeal being abandoned;

  • for Northern Ireland "police officer" has the meaning given in the Police (Northern Ireland) Act 2000;

  • provisional warrant is one issued under the power in clause 72(3);

  • a service policeman is a member of one of the four services' police forces, including, in the Royal Air Force Police, the Provost Marshal of the Royal Air Force and any officer appointed to exercise the functions of a provost officer.

Clause 204: Form of documents

551.     This clause allows the Secretary of State to prescribe the form of any document required under this Bill. This must be done by statutory instrument, subject to the negative resolution procedure in both Houses of Parliament.

Clause 205: Existing legislation on extradition

552.     This clause has the effect of repealing the existing legislation on extradition, namely the Backing of Warrants (Republic of Ireland) Act 1965 and the Extradition Act 1989.

Clause 206: Repeals

553.     Repeals can be found in the Schedule to the Bill.

Clause 207: Commencement

554.     This clause allows the preceding provisions of the Bill to be brought into force by the Secretary of State by order made by statutory instrument. An order may make different provision for different purposes and may include supplementary, incidental, saving or transitional provisions.

Clause 208: Channel Islands and Isle of Man

555.     This clause enables the Bill to be extended, with modifications as appropriate, to the Channel Islands and the Isle of Man, by an Order in Council.

Clause 209: Orders and regulations

556.     This clause describes the procedures to be used for making certain secondary legislation under this Bill. This applies to any orders made by the Secretary of State (other than an order described in subsection (2)), any order of the Treasury and any regulations made under this Bill (subsection (1)). Subsection (2) sets out the orders made under this Bill that are not covered by this clause. These are any order for a person's extradition or discharge and any order deferring proceedings or deferring a person's extradition.

557.     The power to make this secondary legislation is exercisable by statutory instrument and the secondary legislation may make different provision for different purposes and may include supplementary, incidental, saving or transitional provisions (subsections (3) and (4)).

558.     Any such statutory instrument is subject to the negative resolution procedure before both Houses of Parliament, unless it is an order under clause 142(10) (appropriate person to apply for a Part 3 warrant); clause 172(4) (bringing a code of practice into operation); or clause 207 (commencement of the Bill), which would be subject to the affirmative resolution procedure. An order under clause 142(10) or 172(4) must also be laid in draft before Parliament and approved by both Houses (subsections (5) and (6)).

Clause 210: Orders in Council

559.     This clause provides for any Order in Council made under the Bill (other than one made under clause 208) to be subject to the negative resolution procedure. Orders made under this clause may also include supplementary, incidental, saving or transitional provisions. Subsection (3) allows a country to be designated, as a category 1 or category 2 territory, by name or by falling within the description given in an Order. Subsection (4) provides that Orders in Council designating a country as a category 1 or category 2 territory may apply the Bill to that country with modifications.

Clause 211: Finance

560.     This clause provides for the following expenditure to be paid out of money provided by Parliament, if it arises as a result of the Bill:

  • any expenditure incurred by the Lord Chancellor;

  • any increase in the sums payable out of money provided by Parliament under another enactment.

Clause 212: Extent

561.     This clause states that clauses 156 to 159, 165 to 167, 170 and 172 do not apply in Scotland. This is because PACE powers (on which these police powers clauses are based) do not extend to Scotland. Comparable powers are to be found in Scottish common law and statute.

562.     In connection with the remand and bail provisions, clauses 195 and 196 apply only to England and Wales, as the Acts which they amend only have such extent.

563.     On legal aid, clause 184 applies only to Scotland and clauses 185 and 186 apply only to Northern Ireland.

Clause 213: Short title

564.     The Bill may be cited as the Extradition Act 2003.

Schedule - Repeals.

565.     The Schedule contains repeals. The existing legislation on extradition, the Backing of Warrants (Republic of Ireland) Act 1965 and the Extradition Act 1989, is repealed in its entirety. Three provisions of the Bail Act 1976 and one of the Criminal Law Act 1977 are repealed because of the amendments concerned with bail in extradition cases (see clause 193). Two minor provisions of the Bail (Amendment) Act 1993 are also repealed as a result of the amendments being made to that Act by virtue of clause 195. In addition a provision of the International Criminal Court Act 2001 is repealed in connection with the delivery of a person up to the International Criminal Court (see clause 190).

EFFECTS OF THE BILL ON PUBLIC SECTOR MANPOWER AND FINANCES

566.     The cost of operating the extradition system depends largely on the number of extradition requests that the United Kingdom receives. It is possible that the more streamlined system for processing requests made to the United Kingdom which the Bill is intended to put in place might cause requests to be made which would not previously have been made. As against that the system that is to be put in place is expected to reduce significantly the time taken to conclude extradition cases. This will mean, in turn, that less court time is engaged by such cases and that a person subject to an extradition request will, on average, spend less time in detention than is currently the case. It is therefore estimated that there will be no overall effect on public sector finances. There will be no effect on public sector manpower.

REGULATORY IMPACT

567.     The Bill will have no effect on the private or voluntary sectors. Therefore no regulatory impact assessment is necessary to accompany the Bill.

COMMENCEMENT

568.     Clause 207 provides for the Bill to come into force on such date as the Secretary of State directs by order.

EUROPEAN CONVENTION ON HUMAN RIGHTS

569.     Section 19 of the Human Rights Act 1998 requires the Minister in charge of a Bill in either House of Parliament to make a statement, before second reading, about the compatibility of the provisions of the Bill with the Convention rights (as defined by section 1 of that Act). The Lord Filkin has made the following statement:

"In my view the provisions of the Extradition Bill are compatible with the Convention rights".

 
 
previous section contents  
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries ordering index

© Parliamentary copyright 2003
Prepared: 27 March 2003