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Extradition Bill


Extradition Bill
Part 5 — Miscellaneous and general

    101

 

     (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.

 183   Proceedings where extradition deferred

     (1)    This section applies if—

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           (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;

           (b)           the other extradition claim is disposed of.

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

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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 the person’s extradition in pursuance of the deferred

claim to cease to be deferred, or

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

under Part 1, section 68 applies for determining the appropriate judge.

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

under Part 2, section 141 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.

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Legal aid

 184   Legal advice, assistance and representation: England and Wales

In section 12(2) of the Access to Justice Act 1999 (c. 22) (meaning of “criminal

proceedings”) for paragraph (c) substitute—

                  “(c)                    proceedings for dealing with an individual under the

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Extradition Act 2003,”.

 185   Legal aid: Scotland

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

           (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

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summary proceedings;

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

proceedings before the appropriate judge as those provisions apply in

relation to appeals in summary proceedings.

 

 

Extradition Bill
Part 5 — Miscellaneous and general

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 186   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

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

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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.

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

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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,

and

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           (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;

           (b)           dismiss the appeal.

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     (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

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

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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.

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

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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,

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

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     (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

           (c)           counsel only.

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 187   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 186 in connection with proceedings before the

 

 

Extradition Bill
Part 5 — Miscellaneous and general

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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);

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           (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—

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           (a)           a person granted free legal aid under section 186 had been granted a

criminal aid certificate under Part III of the Order;

           (b)           section 186 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 186 in connection with proceedings before the House of

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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

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order of the House of Lords.

     (6)    For the purposes of section 186 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;

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           (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

 188   Asylum appeal to High Court where extradition ordered

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     (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

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pursuance of the extradition claim.

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

section 2 or 71 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;

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

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

 

 

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Part 5 — Miscellaneous and general

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     (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.

     (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.

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     (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—

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

           (b)           section 86 (determination of appeal);

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

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

           (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)

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(jurisdiction: appeals)—

           (a)           in subsection (1)(a) after “2002” insert “or section 188 of the Extradition

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 188 of the

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

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

           (c)           in subsection (3) after “2002” insert “or section 188 of the Extradition

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

Nationality, Immigration and Asylum Act 2002”.

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     (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.

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

Immigration and Asylum Act 2002.

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 189   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

appeal under section 188.

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

section 188.

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

House of Lords.

     (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

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

to be considered by the House of Lords.

     (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.

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Extradition Bill
Part 5 — Miscellaneous and general

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     (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

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.

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     (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

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

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

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

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

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.

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Re-extradition

 190   Re-extradition: preliminary

     (1)    Section 191 applies in relation to a person if the conditions in subsections (2) to

(6) are satisfied.

     (2)    The first condition is that the person was extradited to a territory in accordance

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with Part 1 or Part 2.

     (3)    The second condition is that the person was serving a sentence of

imprisonment or another form of detention in the United Kingdom (the UK

sentence) before he was extradited.

     (4)    The third condition is that—

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           (a)           if the person was extradited in accordance with Part 1, the Part 1

warrant in pursuance of which he was extradited contained a statement

that it was issued with a view to his extradition for the purpose of being

prosecuted for an offence;

           (b)           if the person was extradited in accordance with Part 2, the request in

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pursuance of which the person was extradited contained a statement

that the person was accused of the commission of an offence.

     (5)    The fourth condition is that a certificate issued by a judicial authority of the

territory shows that—

           (a)           a sentence of imprisonment or another form of detention for a term of

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4 months or a greater punishment (the overseas sentence) was imposed

on the person in the territory;

           (b)           the overseas sentence was imposed on him in respect of—

                  (i)                 the offence specified in the warrant or request, or

 

 

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Part 5 — Miscellaneous and general

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                  (ii)                any other offence committed before his extradition in respect of

which he was permitted to be dealt with in the territory.

     (6)    The fifth condition is that before serving the overseas sentence the person was

returned to the United Kingdom to serve the remainder of the UK sentence.

 191   Re-extradition hearing

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     (1)    If this section applies in relation to a person, as soon as practicable after the

relevant time the person must be brought before the appropriate judge for the

judge to decide whether the person is to be extradited again to the territory in

which the overseas sentence was imposed.

     (2)    The relevant time is the time at which the person would otherwise be released

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from detention pursuant to the UK sentence (whether or not on licence).

     (3)    If subsection (1) is not complied with the person must be taken to be

discharged.

     (4)    The person must be treated as continuing in legal custody until he is brought

before the appropriate judge under subsection (1) or he is taken to be

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discharged under subsection (3).

     (5)    If the person is brought before the appropriate judge under subsection (1) the

judge must decide whether the territory in which the overseas sentence was

imposed is—

           (a)           a category 1 territory;

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           (b)           a category 2 territory;

           (c)           neither a category 1 territory nor a category 2 territory.

     (6)    If the judge decides that the territory is a category 1 territory, section 192

applies.

     (7)    If the judge decides that the territory is a category 2 territory, section 193

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applies.

     (8)    If the judge decides that the territory is neither a category 1 territory nor a

category 2 territory, he must order the person’s discharge.

     (9)    A person’s discharge as a result of this section or section 192 or 193 does not

affect any conditions on which he is released from detention pursuant to the

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UK sentence.

     (10)   Section 141 applies for determining the appropriate judge for the purposes of

this section.

 192   Re-extradition to category 1 territories

     (1)    If this section applies, this Act applies as it would if—

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           (a)           a Part 1 warrant had been issued in respect of the person;

           (b)           the warrant contained a statement that—

                  (i)                 the person was alleged to be unlawfully at large after conviction

of the relevant offence, and

                  (ii)                the warrant was issued with a view to the person’s arrest and

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extradition to the territory for the purpose of serving a sentence

imposed in respect of the relevant offence;

 

 

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Part 5 — Miscellaneous and general

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           (c)           the warrant were issued by the authority of the territory which issued

the certificate referred to in section 190(5);

           (d)           the relevant offence were specified in the warrant;

           (e)           the judge were the appropriate judge for the purposes of Part 1;

           (f)           the hearing at which the judge is to make the decision referred to in

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section 191(1) were the extradition hearing;

           (g)           the proceedings before the judge were under Part 1.

     (2)    As applied by subsection (1) this Act has effect with the modifications set out

in Part 1 of Schedule 1.

     (3)    The relevant offence is the offence in respect of which the overseas sentence is

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imposed.

 193   Re-extradition to category 2 territories

     (1)    If this section applies, this Act applies as it would if—

           (a)           a valid request for the person’s extradition to the territory had been

made;

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           (b)           the request contained a statement that the person was alleged to be

unlawfully at large after conviction of the relevant offence;

           (c)           the relevant offence were specified in the request;

           (d)           the hearing at which the appropriate judge is to make the decision

referred to in section 191(1) were the extradition hearing;

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           (e)           the proceedings before the judge were under Part 2.

     (2)    As applied by subsection (1) this Act has effect with the modifications set out

in Part 2 of Schedule 1.

     (3)    The relevant offence is the offence in respect of which the overseas sentence is

imposed.

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Conduct of extradition proceedings

 194   Crown Prosecution Service: role in extradition proceedings

     (1)    The Prosecution of Offences Act 1985 (c. 23) is amended as follows.

     (2)    In section 3 (functions of the Director) after subsection (2) insert—

           “(2A)              The Director may—

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                  (a)                 have the conduct of any extradition proceedings;

                  (b)                 give, to such extent as he considers appropriate, and to such

persons as he considers appropriate, advice on any matters

relating to extradition proceedings or proposed extradition

proceedings.”

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     (3)    In section 5(1) (conduct of prosecutions on behalf of Crown Prosecution

Service) after “criminal proceedings” insert “or extradition proceedings”.

     (4)    In section 14 (control of fees and expenses etc paid by the Service) in subsection

(1)(a) after “criminal proceedings” insert “or extradition proceedings”.

 

 

 
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