House of Lords portcullis
House of Lords
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Extradition Bill


Extradition Bill
Part 1 — Extradition to category 1 territories

    32

 

 63    Part 1 warrant: transmission by other electronic means

     (1)    This section applies if a Part 1 warrant is issued and the information contained

in the warrant —

           (a)           is transmitted to the designated authority by electronic means (other

than by facsimile transmission), and

5

           (b)           is received by the designated authority in a form in which it is

intelligible and which is capable of being used for subsequent

reference.

     (2)    This Act has effect as if the information received by the designated authority

were the Part 1 warrant.

10

     (3)    A copy of the information received by the designated authority may be

received in evidence as if it were the Part 1 warrant.

Repatriation cases

 64    Persons serving sentences outside territory where convicted

     (1)    This section applies if an arrest warrant is issued in respect of a person by an

15

authority of a category 1 territory and the warrant contains the statement

referred to in subsection (2).

     (2)    The statement is one that—

           (a)           the person is alleged to be unlawfully at large from a prison in one

territory (the imprisoning territory) in which he was serving a sentence

20

after conviction of an offence specified in the warrant by a court in

another territory (the convicting territory), and

           (b)           the person was serving the sentence in pursuance of international

arrangements for prisoners sentenced in one territory to be repatriated

to another territory in order to serve their sentence, and

25

           (c)           the warrant is issued with a view to his arrest and extradition to the

category 1 territory for the purpose of serving a sentence or another

form of detention imposed in respect of the offence.

     (3)    If the category 1 territory is either the imprisoning territory or the convicting

territory, section 2(2)(b) has effect as if the reference to the statement referred

30

to in subsection (5) of that section were a reference to the statement referred to

in subsection (2) of this section.

     (4)    If the category 1 territory is the imprisoning territory—

           (a)           section 2(6)(e) has effect as if “the category 1 territory” read “the

convicting territory”;

35

           (b)           section 10(2) has effect as if “an extradition offence” read “an

extradition offence in relation to the convicting territory”;

           (c)           section 20 has effect as if, in subsections (1)(c), (2)(c) and (3)(c), after

“entitled” there were inserted “in the convicting territory”;

           (d)           section 37(5) has effect as if “a category 1 territory” read “the convicting

40

territory” and as if “the category 1 territory” in both places read “the

convicting territory”;

           (e)           section 51(4) has effect as if “a category 1 territory” read “the convicting

territory” and as if “the category 1 territory” in both places read “the

convicting territory”;

45

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

    33

 

           (f)           section 66(1) has effect as if “a category 1 territory” read “the convicting

territory”;

           (g)           section 66(2) has effect as if “the category 1 territory” in the opening

words and paragraphs (a) and (c) read “the convicting territory” and as

if “the category 1 territory” in paragraph (b) read “the imprisoning

5

territory”;

           (h)           in section 66, subsections (3), (4), (5), (6) and (8) have effect as if “the

category 1 territory” in each place read “the convicting territory”.

Interpretation

 65    Extradition offences: person not sentenced for offence

10

     (1)    This section applies in relation to conduct of a person if—

           (a)           he is accused in a category 1 territory of the commission of an offence

constituted by the conduct, or

           (b)           he is alleged to be unlawfully at large after conviction by a court in a

category 1 territory of an offence constituted by the conduct and he has

15

not been sentenced for the offence.

     (2)    The conduct constitutes an extradition offence in relation to the category 1

territory if these conditions are satisfied—

           (a)           the conduct occurs in the category 1 territory and no part of it occurs in

the United Kingdom;

20

           (b)           a certificate issued by an appropriate authority of the category 1

territory shows that the conduct falls within the European framework

list;

           (c)           the certificate shows that the conduct is punishable under the law of the

category 1 territory with imprisonment or another form of detention for

25

a term of 12 months or a greater punishment.

     (3)    The conduct also constitutes an extradition offence in relation to the category 1

territory if these conditions are satisfied—

           (a)           the conduct occurs in the category 1 territory;

           (b)           the conduct would constitute an offence under the law of the relevant

30

part of the United Kingdom if it occurred in that part of the United

Kingdom;

           (c)           the conduct is punishable under the law of the category 1 territory with

imprisonment or another form of detention for a term of 12 months or

a greater punishment (however it is described in that law).

35

     (4)    The conduct also constitutes an extradition offence in relation to the category 1

territory if these conditions are satisfied—

           (a)           the conduct occurs outside the category 1 territory;

           (b)           the conduct is punishable under the law of the category 1 territory with

imprisonment or another form of detention for a term of 12 months or

40

a greater punishment (however it is described in that law);

           (c)           in corresponding circumstances equivalent conduct would constitute

an extra-territorial offence under the law of the relevant part of the

United Kingdom punishable with imprisonment or another form of

detention for a term of 12 months or a greater punishment.

45

     (5)    The conduct also constitutes an extradition offence in relation to the category 1

territory if these conditions are satisfied—

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

    34

 

           (a)           the conduct occurs outside the category 1 territory and no part of it

occurs in the United Kingdom;

           (b)           the conduct would constitute an offence under the law of the relevant

part of the United Kingdom punishable with imprisonment or another

form of detention for a term of 12 months or a greater punishment if it

5

occurred in that part of the United Kingdom;

           (c)           the conduct is so punishable under the law of the category 1 territory

(however it is described in that law).

     (6)    The conduct also constitutes an extradition offence in relation to the category 1

territory if these conditions are satisfied—

10

           (a)           the conduct occurs outside the category 1 territory and no part of it

occurs in the United Kingdom;

           (b)           the conduct is punishable under the law of the category 1 territory with

imprisonment or another form of detention for a term of 12 months or

a greater punishment (however it is described in that law);

15

           (c)           the conduct constitutes or if committed in the United Kingdom would

constitute an offence mentioned in subsection (7).

     (7)    The offences are—

           (a)           an offence under section 51 or 58 of the International Criminal Court

Act 2001 (c. 17) (genocide, crimes against humanity and war crimes);

20

           (b)           an offence under section 52 or 59 of that Act (conduct ancillary to

genocide etc. committed outside the jurisdiction);

           (c)           an ancillary offence, as defined in section 55 or 62 of that Act, in relation

to an offence falling within paragraph (a) or (b);

           (d)           an offence under section 1 of the International Criminal Court

25

(Scotland) Act 2001 (asp 13) (genocide, crimes against humanity and

war crimes);

           (e)           an offence under section 2 of that Act (conduct ancillary to genocide etc.

committed outside the jurisdiction);

           (f)           an ancillary offence, as defined in section 7 of that Act, in relation to an

30

offence falling within paragraph (d) or (e).

     (8)    For the purposes of subsections (3)(b), (4)(c) and (5)(b)—

           (a)           if the conduct relates to a tax or duty, it is immaterial that the law of the

relevant part of the United Kingdom does not impose the same kind of

tax or duty or does not contain rules of the same kind as those of the law

35

of the category 1 territory;

           (b)           if the conduct relates to customs or exchange, it is immaterial that the

law of the relevant part of the United Kingdom does not contain rules

of the same kind as those of the law of the category 1 territory.

     (9)    This section applies for the purposes of this Part.

40

 66    Extradition offences: person sentenced for offence

     (1)    This section applies in relation to conduct of a person if—

           (a)           he is alleged to be unlawfully at large after conviction by a court in a

category 1 territory of an offence constituted by the conduct, and

           (b)           he has been sentenced for the offence.

45

     (2)    The conduct constitutes an extradition offence in relation to the category 1

territory if these conditions are satisfied—

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

    35

 

           (a)           the conduct occurs in the category 1 territory and no part of it occurs in

the United Kingdom;

           (b)           a certificate issued by an appropriate authority of the category 1

territory shows that the conduct falls within the European framework

list;

5

           (c)           the certificate shows that a sentence of imprisonment or another form

of detention for a term of 4 months or a greater punishment has been

imposed in the category 1 territory in respect of the conduct.

     (3)    The conduct also constitutes an extradition offence in relation to the category 1

territory if these conditions are satisfied—

10

           (a)           the conduct occurs in the category 1 territory;

           (b)           the conduct would constitute an offence under the law of the relevant

part of the United Kingdom if it occurred in that part of the United

Kingdom;

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

15

4 months or a greater punishment has been imposed in the category 1

territory in respect of the conduct.

     (4)    The conduct also constitutes an extradition offence in relation to the category 1

territory if these conditions are satisfied—

           (a)           the conduct occurs outside the category 1 territory;

20

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

4 months or a greater punishment has been imposed in the category 1

territory in respect of the conduct;

           (c)           in corresponding circumstances equivalent conduct would constitute

an extra-territorial offence under the law of the relevant part of the

25

United Kingdom punishable with imprisonment or another form of

detention for a term of 12 months or a greater punishment.

     (5)    The conduct also constitutes an extradition offence in relation to the category 1

territory if these conditions are satisfied—

           (a)           the conduct occurs outside the category 1 territory and no part of it

30

occurs in the United Kingdom;

           (b)           the conduct would constitute an offence under the law of the relevant

part of the United Kingdom punishable with imprisonment or another

form of detention for a term of 12 months or a greater punishment if it

occurred in that part of the United Kingdom;

35

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

4 months or a greater punishment has been imposed in the category 1

territory in respect of the conduct.

     (6)    The conduct also constitutes an extradition offence in relation to the category 1

territory if these conditions are satisfied—

40

           (a)           the conduct occurs outside the category 1 territory and no part of it

occurs in the United Kingdom;

           (b)           the conduct is punishable under the law of the category 1 territory with

imprisonment or another form of detention for a term of 12 months or

a greater punishment (however it is described in that law);

45

           (c)           the conduct constitutes or if committed in the United Kingdom would

constitute an offence mentioned in subsection (7).

     (7)    The offences are—

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

    36

 

           (a)           an offence under section 51 or 58 of the International Criminal Court

Act 2001 (c. 17) (genocide, crimes against humanity and war crimes);

           (b)           an offence under section 52 or 59 of that Act (conduct ancillary to

genocide etc. committed outside the jurisdiction);

           (c)           an ancillary offence, as defined in section 55 or 62 of that Act, in relation

5

to an offence falling within paragraph (a) or (b);

           (d)           an offence under section 1 of the International Criminal Court

(Scotland) Act 2001 (asp 13) (genocide, crimes against humanity and

war crimes);

           (e)           an offence under section 2 of that Act (conduct ancillary to genocide etc.

10

committed outside the jurisdiction);

           (f)           an ancillary offence, as defined in section 7 of that Act, in relation to an

offence falling within paragraph (d) or (e).

     (8)    For the purposes of subsections (3)(b), (4)(c) and (5)(b)—

           (a)           if the conduct relates to a tax or duty, it is immaterial that the law of the

15

relevant part of the United Kingdom does not impose the same kind of

tax or duty or does not contain rules of the same kind as those of the law

of the category 1 territory;

           (b)           if the conduct relates to customs or exchange, it is immaterial that the

law of the relevant part of the United Kingdom does not contain rules

20

of the same kind as those of the law of the category 1 territory.

     (9)    This section applies for the purposes of this Part.

 67    Extradition offences: supplementary

     (1)    Subsections (2) to (5) apply for the purposes of sections 65 and 66.

     (2)    An appropriate authority of a category 1 territory is an authority of the

25

territory which the appropriate judge believes—

           (a)           is a judicial authority of that territory, and

           (b)           has the function of issuing arrest warrants in that territory.

     (3)    The European framework list is the list of conduct set out in article 2.2 of the

European framework decision.

30

     (4)    The law of a territory is the general criminal law of the territory.

     (5)    The relevant part of the United Kingdom is the part of the United Kingdom in

which the relevant proceedings are taking place.

     (6)    The relevant proceedings are the proceedings in which it is necessary to decide

whether conduct constitutes an extradition offence.

35

 68    The appropriate judge

     (1)    The appropriate judge is—

           (a)           in England and Wales, a District Judge (Magistrates’ Courts)

designated for the purposes of this Part by the Lord Chancellor;

           (b)           in Scotland, the sheriff of Lothian and Borders;

40

           (c)           in Northern Ireland, such county court judge or resident magistrate as

is designated for the purposes of this Part by the Lord Chancellor.

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

    37

 

     (2)    A designation under subsection (1) may be made for all cases or for such cases

(or cases of such description) as the designation stipulates.

     (3)    More than one designation may be made under subsection (1).

     (4)    This section applies for the purposes of this Part.

 69    Other interpretative provisions

5

     (1)    The extradition hearing is the hearing at which the appropriate judge is to

decide whether a person in respect of whom a Part 1 warrant was issued is to

be extradited to the category 1 territory in which it was issued.

     (2)    References to the designated authority must be read in accordance with section

2(9).

10

     (3)    This section applies for the purposes of this Part.

Part 2

Extradition to category 2 territories

Introduction

 70    Extradition to category 2 territories

15

     (1)    This Part deals with extradition from the United Kingdom to the territories

designated for the purposes of this Part by Order in Council.

     (2)    In this Act references to category 2 territories are to the territories designated

for the purposes of this Part.

 71    Extradition request and certificate

20

     (1)    The Secretary of State must issue a certificate under this section if he receives a

valid request for the extradition to a category 2 territory of a person who is in

the United Kingdom.

     (2)    But subsection (1) does not apply if the Secretary of State decides under section

126 that the request is not to be proceeded with.

25

     (3)    A request for a person’s extradition is valid if—

           (a)           it contains the statement referred to in subsection (4), and

           (b)           it is made in the approved way.

     (4)    The statement is one that the person—

           (a)           is accused in the category 2 territory of the commission of an offence

30

specified in the request, or

           (b)           is alleged to be unlawfully at large after conviction by a court in the

category 2 territory of an offence specified in the request.

     (5)    A request for extradition to a category 2 territory which is a British overseas

territory is made in the approved way if it is made by or on behalf of the person

35

administering the territory.

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

    38

 

     (6)    A request for extradition to a category 2 territory which is the Hong Kong

Special Administrative Region of the People’s Republic of China is made in the

approved way if it is made by or on behalf of the government of the Region.

     (7)    A request for extradition to any other category 2 territory is made in the

approved way if it is made—

5

           (a)           by an authority of the territory which the Secretary of State believes has

the function of making requests for extradition in that territory, or

           (b)           by a person recognised by the Secretary of State as a diplomatic or

consular representative of the territory.

     (8)    A certificate under this section must certify that the request is made in the

10

approved way.

     (9)    If a certificate is issued under this section the Secretary of State must send these

documents to the appropriate judge—

           (a)           the request;

           (b)           the certificate;

15

           (c)           a copy of any relevant Order in Council.

Arrest

 72    Arrest warrant following extradition request

     (1)    This section applies if the Secretary of State sends documents to the

appropriate judge under section 71.

20

     (2)    The judge may issue a warrant for the arrest of the person whose extradition is

requested if it appears to the judge that—

           (a)           the offence in respect of which extradition is requested is an extradition

offence, and

           (b)           there is evidence falling within subsection (3).

25

     (3)    The evidence is—

           (a)           evidence that would justify the issue of a warrant for the arrest of a

person accused of the offence within the judge’s jurisdiction, if the

person whose extradition is requested is accused of the commission of

the offence;

30

           (b)           evidence that would justify the issue of a warrant for the arrest of a

person unlawfully at large after conviction of the offence within the

judge’s jurisdiction, if the person whose extradition is requested is

alleged to be unlawfully at large after conviction of the offence.

     (4)    But if the category 2 territory to which extradition is requested is designated

35

for the purposes of this section by Order in Council, subsections (2) and (3)

have effect as if “evidence” read “information”.

     (5)    A warrant issued under this section may—

           (a)           be executed by any person to whom it is directed or by any constable or

customs officer;

40

           (b)           be executed even if neither the warrant nor a copy of it is in the

possession of the person executing it at the time of the arrest.

     (6)    If a warrant issued under this section in respect of a person is directed to a

service policeman, it may be executed in any place where the service policeman

 

 

 
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