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Extradition Bill


Extradition Bill
Part 5 — Miscellaneous and general

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 220   Orders in Council

     (1)    An Order in Council under any provision of this Act other than section 218 is

subject to annulment in pursuance of a resolution of either House of

Parliament.

     (2)    An Order in Council under this Act—

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           (a)           may make different provision for different purposes;

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

provisions.

     (3)    A territory may be designated by being named in an Order in Council under

this Act or by falling within a description set out in such an Order.

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     (4)    An Order in Council under section 1 or 70 may provide that this Act has effect

in relation to a territory designated by the Order with specified modifications.

 221   Finance

The following are to be paid out of money provided by Parliament—

           (a)           any expenditure incurred by the Lord Chancellor under this Act;

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           (b)           any increase attributable to this Act in the sums payable out of money

provided by Parliament under any other enactment.

 222   Extent

     (1)    Sections 159 to 162, 168 to 170, 173 and 175 do not extend to Scotland.

     (2)    Sections 156, 201, 203 and 204 extend to England and Wales only.

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     (3)    Sections 185 and 202 extend to Scotland only.

     (4)    Sections 186 and 187 extend to Northern Ireland only.

 223   Short title

This Act may be cited as the Extradition Act 2003.

 

 

Extradition Bill
Schedule 1 — Re-extradition: Modifications
Part 2 — Category 2 Territories

123

 

Schedules

Schedule 1

Sections 192 and 193

 

Re-extradition: Modifications

Part 1

Category 1 Territories

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  1        In section 11(1), omit paragraphs (c), (g) and (h).

  2        Omit sections 14, 18 and 19.

  3        In section 21(3), for “must” substitute “may”.

  4        In section 31(2), for paragraphs (a) and (b) substitute “would (apart from

section 191(1)) be released from detention pursuant to the UK sentence

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(whether or not on licence)”.

  5        In section 39(2)(a), for “a certificate is issued under section 2 in respect of the

warrant” substitute “the person would (apart from section 191(1)) be

released from detention pursuant to the UK sentence (whether or not on

licence)”.

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  6        In section 43(2)(a), for “following his arrest under this Part” substitute

“under section 191(1)”.

  7        In section 44(1), for the words from “arrested” to “issued” substitute

“brought before the appropriate judge under section 191(1) may consent to

his extradition to the territory in which the overseas sentence was imposed”.

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  8        In section 188(2), for the words “a certificate is issued under section 2 or 71

in respect of the extradition claim” substitute “the person would (apart from

section 191(1)) be released from detention pursuant to the UK sentence

(whether or not on licence)”.

Part 2

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Category 2 Territories

  9        In section 79, omit subsections (2), (3), (5) and (8).

  10       In section 79, for subsection (4) substitute—

              “(4)                The judge must decide whether the offence specified in the request is

an extradition offence.”

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  11       In section 79(6), for “any of the questions” substitute “the question”.

  12       In section 79(7), for “those questions” substitute “that question”.

 

 

Extradition Bill
Schedule 1 — Re-extradition: Modifications
Part 2 — Category 2 Territories

    124

 

  13       In section 80(1), omit paragraph (c).

  14       Omit section 83.

  15       In section 88(3), for the words from “must send the case” to “extradited”

substitute “may order the person to be extradited to the category 2 territory”.

  16       In section 88, after subsection (3) insert—

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              “(4)                If the judge makes an order under subsection (3) he must remand the

person in custody or on bail to wait for his extradition to the territory.

              (5)                If the judge remands the person in custody he may later grant bail.”

  17       In section 103(1)—

              (a)             for the words from “sends a case” to “extradited” substitute “orders

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a person’s extradition under this Part”; and

              (b)             for “the relevant decision” substitute “the order”.

  18       In section 103(2), for the words from “the person” to “the Secretary of State”

substitute “the order is made under section 128”.

  19       In section 103, omit subsections (3), (5), (6) and (7).

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  20       In section 103(8), for the words from “the Secretary of State” to “extradition”

substitute “the order is made”.

  21       In section 104, omit subsections (1)(b), (6) and (7).

  22       In section 106, omit subsections (1)(b), (7) and (8).

  23       In section 117(1)(a), for “the Secretary of State” substitute “the appropriate

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judge”.

  24       In section 117(1)(b), for the words from “permitted period” to “extradition”

substitute “period permitted under that section”.

  25       In section 117, after subsection (1) insert—

              “(1A)                But this section does not apply if the order is made under section

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128.”

  26       In section 117(2), for “the Secretary of State” substitute “the judge”.

  27       In section 119(1)(a), for “the Secretary of State” substitute “the appropriate

judge”.

  28       In section 119, in subsections (2), (3) and (4) and in each place in subsection

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(5), for “the Secretary of State” substitute “the judge”.

  29       In section 120, after subsection (1) insert—

              “(1A)                But this section does not apply if the order for the person’s

extradition is made under section 128.”

  30       In section 121(2)(a), for “a certificate is issued under section 71 in respect of

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the request” substitute “the person would (apart from section 191(1)) be

released from detention pursuant to the UK sentence (whether or not on

licence)”.

 

 

Extradition Bill
Schedule 1 — Re-extradition: Modifications
Part 2 — Category 2 Territories

    125

 

  31       In section 127(1), for the words from “arrested” to “requested” substitute

“brought before the appropriate judge under section 191(1) may consent to

his extradition to the territory in which the overseas sentence was imposed”.

  32       In section 127(3), before paragraph (a) insert—

                    “(aa)                      must be given before the appropriate judge;”.

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  33       In section 127, omit subsections (4) and (5).

  34       In section 128, after subsection (1) insert—

              “(1A)                The judge must remand the person in custody or on bail.

              (1B)                If the judge remands the person in custody he may later grant bail.”

  35       In section 128(4), for the words from “send the case” to “extradited”

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substitute “within the period of 10 days starting with the day on which

consent is given order the person’s extradition to the category 2 territory”.

  36       In section 128, after subsection (5) insert—

              “(6)                Subsection (4) has effect subject to section 128B.

              (7)                If subsection (4) is not complied with and the person applies to the

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judge to be discharged the judge must order his discharge.”

  37       After section 128 insert—

       “128A Extradition to category 2 territory following consent

              (1)             This section applies if the appropriate judge makes an order under

section 128(4) for a person’s extradition to a category 2 territory.

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              (2)             The person must be extradited to the category 2 territory before the

end of the required period, which is 28 days starting with the day on

which the order is made.

              (3)             If subsection (2) is not complied with and the person applies to the

judge to be discharged the judge must order his discharge, unless

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reasonable cause is shown for the delay.

       128B Extradition claim following consent

              (1)             This section applies if—

                    (a)                   a person consents under section 127 to his extradition to a

category 2 territory, and

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                    (b)                   before the judge orders his extradition under section 128(4),

the judge is informed that the conditions in subsection (2) or

(3) are met.

              (2)             The conditions are that—

                    (a)                   the Secretary of State has received another valid request for

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the person’s extradition to a category 2 territory;

                    (b)                   the other request has not been disposed of.

              (3)             The conditions are that—

                    (a)                   a certificate has been issued under section 2 in respect of a

Part 1 warrant issued in respect of the person;

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Extradition Bill
Schedule 1 — Re-extradition: Modifications
Part 2 — Category 2 Territories

    126

 

                    (b)                   the warrant has not been disposed of.

              (4)             The judge must not make an order under section 128(4) until he is

informed what order has been made under section 126(2) or 181(2).

              (5)             If the order under section 126(2) or 181(2) is for further proceedings

on the request under consideration to be deferred until the other

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request, or the warrant, has been disposed of, the judge must remand

the person in custody or on bail.

              (6)             If the judge remands the person in custody he may later grant bail.

              (7)             If—

                    (a)                   the order under section 126(2) or 181(2) is for further

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proceedings on the request under consideration to be

deferred until the other request, or the warrant, has been

disposed of, and

                    (b)                   an order is made under section 182 for proceedings on the

request under consideration to be resumed,

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                              the period specified in section 128(4) must be taken to be 10 days

starting with the day on which the order under section 182 is made.

              (8)             If the order under section 126(2) or 181(2) is for further proceedings

on the other request, or the warrant, to be deferred until the request

under consideration has been disposed of, the period specified in

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section 128(4) must be taken to be 10 days starting with the day on

which the judge is informed of the order.

       128C Extradition following deferral for competing claim

              (1)             This section applies if—

                    (a)                   an order is made under section 128(4) for a person to be

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extradited to a category 2 territory in pursuance of a request

for his extradition;

                    (b)                   before the person is extradited to the territory an order is

made under section 126(2) or 181(2) for the person’s

extradition in pursuance of the request to be deferred;

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                    (c)                   the appropriate judge makes an order under section 183(3)(a)

for the person’s extradition in pursuance of the request to

cease to be deferred.

              (2)             The required period for the purposes of section 128A(2) is 28 days

starting with the day on which the order under section 183(3)(a) is

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made.”

  38       In section 188(2), for the words “a certificate is issued under section 2 or 71

in respect of the extradition claim” substitute “the person would (apart from

section 191(1)) be released from detention pursuant to the UK sentence

(whether or not on licence)”.

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Revised 11 September 2003