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

    115

 

     (6)    After subsection (5) insert—

           “(5ZA)              A court shall not impose a security requirement in relation to a person

remanded in accordance with subsection (1A) above unless—

                  (a)                 he has attained the age of twelve and is of a prescribed

description;

5

                  (b)                 one or both of the conditions set out in subsection (5ZB) below

is satisfied; and

                  (c)                 the condition set out in subsection (5AA) below is satisfied.

           (5ZB)              The conditions mentioned in subsection (5ZA)(b) above are—

                  (a)                 that the conduct constituting the offence to which the

10

extradition proceedings relate would if committed in the

United Kingdom constitute an offence punishable in the case of

an adult with imprisonment for a term of fourteen years or

more;

                  (b)                 that the person has previously absconded from the extradition

15

proceedings or from proceedings in the United Kingdom or the

requesting territory which relate to the conduct constituting the

offence to which the extradition proceedings relate.

           (5ZC)              For the purposes of subsection (5ZB) above a person has absconded

from proceedings if in relation to those proceedings—

20

                  (a)                 he has been released subject to a requirement to surrender to

custody at a particular time and he has failed to surrender to

custody at that time, or

                  (b)                 he has surrendered into the custody of a court and he has at any

time absented himself from the court without its leave.”

25

     (7)    In subsection (5AA) for “subsection (5)” substitute “subsections (5) and (5ZA)”.

     (8)    In subsection (12) for the definition of “relevant court” substitute—

                    ““relevant court”—

                  (a)                 in relation to a person remanded to local authority

accommodation under subsection (1) above, means the court

30

by which he was so remanded, or any magistrates’ court

having jurisdiction in the place where he is for the time being;

                  (b)                 in relation to a person remanded to local authority

accommodation under subsection (1A) above, means the

court by which he was so remanded.”

35

     (9)    In subsection (12) in the appropriate places insert—

                    ““extradition proceedings” means proceedings under the Extradition Act

2003;”;

                    ““requesting territory” means the territory to which a person’s extradition

is sought in extradition proceedings;”.

40

     (10)   In section 98(1) of the Crime and Disorder Act 1998 (modifications of section

23 of the Children and Young Persons Act 1969 in relation to 15 and 16 year old

boys) after paragraph (b) insert “; and

                  (c)                    is not remanded in connection with proceedings under the

Extradition Act 2003.”

45

 

 

Extradition Bill
Part 5 — Miscellaneous and general

    116

 

Other miscellaneous provisions

 205   Extradition for more than one offence

The Secretary of State may by order provide for this Act to have effect with

specified modifications in relation to a case where—

           (a)           a Part 1 warrant is issued in respect of more than one offence;

5

           (b)           a request for extradition is made in respect of more than one offence.

 206   National security

     (1)    This section applies if the Secretary of State believes that the conditions in

subsections (2) to (4) are satisfied in relation to a person.

     (2)    The first condition is that the person’s extradition is sought or will be sought

10

under Part 1 or Part 2 in respect of an offence.

     (3)    The second condition is that—

           (a)           in engaging in the conduct constituting (or alleged to constitute) the

offence the person was acting for the purpose of assisting in the exercise

of a function conferred or imposed by or under an enactment, or

15

           (b)           as a result of an authorisation given by the Secretary of State the person

is not liable under the criminal law of any part of the United Kingdom

for the conduct constituting (or alleged to constitute) the offence.

     (4)    The third condition is that the person’s extradition in respect of the offence

would be against the interests of national security.

20

     (5)    The Secretary of State may certify that the conditions in subsections (2) to (4)

are satisfied in relation to the person.

     (6)    If the Secretary of State issues a certificate under subsection (5) he may—

           (a)           direct that a Part 1 warrant issued in respect of the person and in respect

of the offence is not to be proceeded with, or

25

           (b)           direct that a request for the person’s extradition in respect of the offence

is not to be proceeded with.

     (7)    If the Secretary of State issues a certificate under subsection (5) he may order

the person’s discharge (instead of or in addition to giving a direction under

subsection (6)).

30

     (8)    These rules apply if the Secretary of State gives a direction under subsection

(6)(a) in respect of a warrant—

           (a)           if the designated authority has not issued a certificate under section 2

in respect of the warrant it must not do so;

           (b)           if the person is arrested under the warrant or under section 5 there is no

35

requirement for him to be brought before the appropriate judge and he

must be discharged;

           (c)           if the person is brought before the appropriate judge under section 4 or

6 the judge is no longer required to proceed or continue proceeding

under sections 7 and 8;

40

           (d)           if the extradition hearing has begun the judge is no longer required to

proceed or continue proceeding under sections 10 to 25;

           (e)           if the person has consented to his extradition, the judge is no longer

required to order his extradition;

 

 

Extradition Bill
Part 5 — Miscellaneous and general

    117

 

           (f)           if an appeal to the High Court or House of Lords has been brought, the

court is no longer required to hear or continue hearing the appeal;

           (g)           if the person’s extradition has been ordered there is no requirement for

him to be extradited.

     (9)    These rules apply if the Secretary of State gives a direction under subsection

5

(6)(b) in respect of a request—

           (a)           if he has not issued a certificate under section 71 in respect of the

request he is no longer required to do so;

           (b)           if the person is arrested under a warrant issued under section 72 or

under a provisional warrant there is no requirement for him to appear

10

or be brought before the appropriate judge and he must be discharged;

           (c)           if the person appears or is brought before the appropriate judge the

judge is no longer required to proceed or continue proceeding under

sections 73, 75, 76 and 77;

           (d)           if the extradition hearing has begun the judge is no longer required to

15

proceed or continue proceeding under sections 79 to 92;

           (e)           if the person has given his consent to his extradition to the appropriate

judge, the judge is no longer required to send the case to the Secretary

of State for his decision whether the person is to be extradited;

           (f)           if an appeal to the High Court or House of Lords has been brought, the

20

court is no longer required to hear or continue hearing the appeal;

           (g)           if the person’s extradition has been ordered there is no requirement for

him to be extradited.

     (10)   These must be made under the hand of the Secretary of State—

           (a)           a certificate under subsection (5);

25

           (b)           a direction under subsection (6);

           (c)           an order under subsection (7).

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

modifications—

           (a)           in subsection (9)(a) for “he has” substitute “the Scottish Ministers have”

30

and for “he is” substitute “they are”;

           (b)           in subsection (9)(e) for “Secretary of State for his” substitute “Scottish

Ministers for their”.

     (12)   In subsection (3) the reference to an enactment includes an enactment

comprised in, or in an instrument made under, an Act of the Scottish

35

Parliament.

 207   Reasonable force

A person may use reasonable force, if necessary, in the exercise of a power

conferred by this Act.

 208   Rules of court

40

     (1)    Rules of court may make provision as to the practice and procedure to be

followed in connection with proceedings under this Act.

     (2)    In Scotland any rules of court under this Act are to be made by Act of

Adjournal.

 

 

Extradition Bill
Part 5 — Miscellaneous and general

    118

 

 209   Article 95 alerts: transitional provision

     (1)    This section applies in a case where an article 95 alert is issued before 1 January

2004 by an authority of a category 1 territory.

     (2)    In such a case, this Act applies as if—

           (a)           the alert were a Part 1 warrant issued by the authority;

5

           (b)           any information sent with the alert relating to the case were included in

the warrant.

     (3)    As applied by subsection (2), this Act has effect with these modifications—

           (a)           in sections 2(7) and (8), 28(1), 30(1) and (4)(d), 32(2)(b), 33(6)(b), 35(4)(b),

36(3)(b), 46(3)(b) and 48(3)(b), for “authority which issued the Part 1

10

warrant” substitute “authority at the request of which the alert was

issued”;

           (b)           omit section 5;

           (c)           in sections 33(4)(b), 41(2)(a), 42(2)(a) and (4) and 60(1)(d) and (e), for

“authority which issued the warrant” substitute “authority at the

15

request of which the alert was issued”;

           (d)           in section 67(2), for the words from “believes” to the end substitute

“believes is the authority at the request of which the alert was issued”.

     (4)    An article 95 alert is an alert issued pursuant to article 95 of the Convention

implementing the Schengen agreement of 14th June 1985.

20

Interpretation

 210   Disposal of Part 1 warrant and extradition request

     (1)    A Part 1 warrant issued in respect of a person is disposed of—

           (a)           when an order is made for the person’s discharge in respect of the

warrant and there is no further possibility of an appeal;

25

           (b)           when the person is taken to be discharged in respect of the warrant;

           (c)           when an order is made for the person’s extradition in pursuance of the

warrant and there is no further possibility of an appeal.

     (2)    A request for a person’s extradition is disposed of—

           (a)           when an order is made for the person’s discharge in respect of the

30

request and there is no further possibility of an appeal;

           (b)           when the person is taken to be discharged in respect of the request;

           (c)           when an order is made for the person’s extradition in pursuance of the

request and there is no further possibility of an appeal.

     (3)    There is no further possibility of an appeal against an order for a person’s

35

discharge or extradition—

           (a)           when the period permitted for giving notice of an appeal to the High

Court ends, if notice is not given before the end of that period;

           (b)           when the decision of the High Court on an appeal becomes final, if

there is no appeal to the House of Lords against that decision;

40

           (c)           when the decision of the House of Lords on an appeal is made, if there

is such an appeal.

     (4)    The decision of the High Court on an appeal becomes final—

 

 

Extradition Bill
Part 5 — Miscellaneous and general

    119

 

           (a)           when the period permitted for applying to the High Court for leave to

appeal to the House of Lords ends, if there is no such application;

           (b)           when the period permitted for applying to the House of Lords for leave

to appeal to it ends, if the High Court refuses leave to appeal and there

is no application to the House of Lords for leave to appeal;

5

           (c)           when the House of Lords refuses leave to appeal to it;

           (d)           at the end of the permitted period, which is 28 days starting with the

day on which leave to appeal to the House of Lords is granted, if no

such appeal is brought before the end of that period.

     (5)    These must be ignored for the purposes of subsections (3) and (4)—

10

           (a)           any power of a court to extend the period permitted for giving notice of

appeal or for applying for leave to appeal;

           (b)           any power of a court to grant leave to take a step out of time.

     (6)    Subsections (3) to (5) do not apply to Scotland.

 211   Disposal of charge

15

     (1)    A charge against a person is disposed of—

           (a)           if the person is acquitted in respect of it, when he is acquitted;

           (b)           if the person is convicted in respect of it, when there is no further

possibility of an appeal against the conviction.

     (2)    There is no further possibility of an appeal against a conviction—

20

           (a)           when the period permitted for giving notice of application for leave to

appeal to the Court of Appeal against the conviction ends, if the leave

of the Court of Appeal is required and no such notice is given before the

end of that period;

           (b)           when the Court of Appeal refuses leave to appeal against the

25

conviction, if the leave of the Court of Appeal is required and notice of

application for leave is given before the end of that period;

           (c)           when the period permitted for giving notice of appeal to the Court of

Appeal against the conviction ends, if notice is not given before the end

of that period;

30

           (d)           when the decision of the Court of Appeal on an appeal becomes final,

if there is no appeal to the House of Lords against that decision;

           (e)           when the decision of the House of Lords on an appeal is made, if there

is such an appeal.

     (3)    The decision of the Court of Appeal on an appeal becomes final—

35

           (a)           when the period permitted for applying to the Court of Appeal for

leave to appeal to the House of Lords ends, if there is no such

application;

           (b)           when the period permitted for applying to the House of Lords for leave

to appeal to it ends, if the Court of Appeal refuses leave to appeal and

40

there is no application to the House of Lords for leave to appeal;

           (c)           when the House of Lords refuses leave to appeal to it;

           (d)           at the end of the permitted period, which is 28 days starting with the

day on which leave to appeal to the House of Lords is granted, if no

such appeal is brought before the end of that period.

45

     (4)    These must be ignored for the purposes of subsections (2) and (3)—

 

 

Extradition Bill
Part 5 — Miscellaneous and general

    120

 

           (a)           any power of a court to extend the period permitted for giving notice of

appeal or of application for leave to appeal or for applying for leave to

appeal;

           (b)           any power of a court to grant leave to take a step out of time.

     (5)    Subsections (2) to (4) do not apply to Scotland.

5

 212   Other interpretative provisions

     (1)    References to a category 1 territory must be read in accordance with section 1.

     (2)    References to a category 2 territory must be read in accordance with section 70.

     (3)    References to a Part 1 warrant must be read in accordance with section 2.

     (4)    References to a Part 3 warrant must be read in accordance with section 144.

10

     (5)    References to a valid request for a person’s extradition must be read in

accordance with section 71.

     (6)    A customs officer is a person commissioned by the Commissioners of Customs

and Excise under section 6(3) of the Customs and Excise Management Act 1979

(c. 2).

15

     (7)    The European framework decision is the framework decision of the Council of

the European Union made on 13 June 2002 on the European arrest warrant and

the surrender procedures between member states (2002/584/JHA).

     (8)    “High Court” in relation to Scotland means the High Court of Justiciary.

     (9)    In relation to Scotland, references to an appeal being discontinued are to be

20

construed as references to its being abandoned.

     (10)   “Police officer” in relation to Northern Ireland has the same meaning as in the

Police (Northern Ireland) Act 2000 (c. 32).

     (11)   A provisional warrant is a warrant issued under section 74(3).

     (12)   A service policeman is a member of the Royal Navy Regulating Branch, the

25

Royal Marines Police, the Royal Military Police or the Royal Air Force Police.

     (13)   The Provost Marshal of the Royal Air Force and any officer appointed to

exercise the functions conferred on provost officers by the Air Force Act 1955

(3 & 4 Eliz. 2 c. 19) are to be taken to be members of the Royal Air Force Police

for the purposes of subsection (12).

30

     (14)   This section and sections 210 and 211 apply for the purposes of this Act.

General

 213   Form of documents

The Secretary of State may by regulations prescribe the form of any document

required for the purposes of this Act.

35

 214   Existing legislation on extradition

These Acts shall cease to have effect—

 

 

Extradition Bill
Part 5 — Miscellaneous and general

    121

 

           (a)           the Backing of Warrants (Republic of Ireland) Act 1965 (c. 45);

           (b)           the Extradition Act 1989 (c. 33).

 215   Amendments

Schedule 2 contains miscellaneous and consequential amendments.

 216   Repeals

5

Schedule 3 contains repeals.

 217   Commencement

The preceding provisions of this Act come into force in accordance with

provision made by the Secretary of State by order.

 218   Channel Islands and Isle of Man

10

An Order in Council may provide for this Act to extend to any of the Channel

Islands or the Isle of Man with the modifications (if any) specified in the Order.

 219   Orders and regulations

     (1)    References in this section to subordinate legislation are to—

           (a)           an order of the Secretary of State under this Act (other than an order

15

within subsection (2));

           (b)           an order of the Treasury under this Act;

           (c)           regulations under this Act.

     (2)    The orders referred to in subsection (1)(a) are—

           (a)           an order for a person’s extradition or discharge;

20

           (b)           an order deferring proceedings on a warrant or request;

           (c)           an order deferring a person’s extradition in pursuance of a warrant or

request.

     (3)    Subordinate legislation—

           (a)           may make different provision for different purposes;

25

           (b)           may include supplementary, incidental, saving or transitional

provisions.

     (4)    A power to make subordinate legislation is exercisable by statutory

instrument.

     (5)    A statutory instrument is subject to annulment in pursuance of a resolution of

30

either House of Parliament if it contains subordinate legislation other than an

order under section 144(10), 175(4) or 217.

     (6)    No order may be made under section 144(10) or 175(4) unless a draft of the

order has been laid before Parliament and approved by a resolution of each

House.

35

 

 

 
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 11 September 2003