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Extradition Bill


Extradition Bill
Part 2 — Extradition to category 2 territories

    39

 

would have power to arrest the person under the appropriate service law if the

person had committed an offence under that law.

     (7)    In any other case, a warrant issued under this section may be executed in any

part of the United Kingdom.

     (8)           The appropriate service law is—

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           (a)           the Army Act 1955 (3 & 4 Eliz. 2 c. 18), if the person in respect of whom

the warrant is issued is subject to military law;

           (b)           the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), if that person is subject to air-

force law;

           (c)           the Naval Discipline Act 1957 (c. 53), if that person is subject to that Act.

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 73    Person arrested under section 72

     (1)    This section applies if a person is arrested under a warrant issued under section

72.

     (2)    If neither the warrant nor a copy of it was shown to the person at the time of

his arrest and he asks to be shown the warrant, the warrant or a copy of it must

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be shown to him as soon as practicable after his request.

     (3)    The person must be brought as soon as practicable before the appropriate

judge.

     (4)    But subsection (3) does not apply if—

           (a)           the person is granted bail by a constable following his arrest, or

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           (b)           the Secretary of State decides under section 126 that the request for the

person’s extradition is not to be proceeded with.

     (5)    If subsection (2) or (3) is not complied with the warrant ceases to have effect

and accordingly the person must be taken to be discharged.

     (6)    When the person first appears or is brought before the appropriate judge, the

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judge must—

           (a)           inform him of the contents of the request for his extradition;

           (b)           give him the required information about consent;

           (c)           remand him in custody or on bail.

     (7)    The required information about consent is—

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           (a)           that the person may consent to his extradition to the category 2 territory

to which his extradition is requested;

           (b)           an explanation of the effect of consent and the procedure that will apply

if he gives consent;

           (c)           that consent must be given in writing and is irrevocable.

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

     (9)    Subsection (4)(a) applies to Scotland with the omission of the words “by a

constable”.

 74    Provisional warrant

     (1)    This section applies if a justice of the peace is satisfied on information in

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writing and on oath that a person within subsection (2)—

           (a)           is or is believed to be in the United Kingdom, or

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

    40

 

           (b)           is or is believed to be on his way to the United Kingdom.

     (2)    A person is within this subsection if—

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

or

           (b)           he is alleged to be unlawfully at large after conviction of an offence by

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a court in a category 2 territory.

     (3)    The justice may issue a warrant for the arrest of the person (a provisional

warrant) if it appears to him that—

           (a)           the offence of which the person is accused or has been convicted is an

extradition offence, and

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           (b)           there is written evidence falling within subsection (4).

     (4)    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 justice’s jurisdiction, if the

person in respect of whom the warrant is sought is accused of the

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commission of the offence;

           (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

justice’s jurisdiction, if the person in respect of whom the warrant is

sought is alleged to be unlawfully at large after conviction of the

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offence.

     (5)    But if the category 2 territory is designated for the purposes of this section by

Order in Council, subsections (3) and (4) have effect as if “evidence” read

“information”.

     (6)    A provisional warrant may—

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

customs officer;

           (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.

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

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

would have power to arrest the person under the appropriate service law if the

person had committed an offence under that law.

     (8)    In any other case, a warrant issued under this section may be executed in any

part of the United Kingdom.

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     (9)    The appropriate service law is—

           (a)           the Army Act 1955 (3 & 4 Eliz. 2 c. 18), if the person in respect of whom

the warrant is issued is subject to military law;

           (b)           the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), if that person is subject to air-

force law;

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           (c)           the Naval Discipline Act 1957 (c. 53), if that person is subject to that Act.

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

modifications—

           (a)           in subsection (1) for “justice of the peace is satisfied on information in

writing and on oath” substitute “sheriff is satisfied, on an application by

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a procurator fiscal,”;

           (b)           in subsection (3) for “justice” substitute “sheriff”;

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

    41

 

           (c)           in subsection (4) for “justice’s”, in paragraphs (a) and (b), substitute

“sheriff’s”.

     (11)   Subsection (1) applies to Northern Ireland with the substitution of “a

complaint” for “information”.

 75    Person arrested under provisional warrant

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     (1)    This section applies if a person is arrested under a provisional warrant.

     (2)    If neither the warrant nor a copy of it was shown to the person at the time of

his arrest and he asks to be shown the warrant, the warrant or a copy of it must

be shown to him as soon as practicable after his request.

     (3)    The person must be brought as soon as practicable before the appropriate

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judge.

     (4)    But subsection (3) does not apply if—

           (a)           the person is granted bail by a constable following his arrest, or

           (b)           in a case where the Secretary of State has received a valid request for the

person’s extradition, the Secretary of State decides under section 126

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that the request is not to be proceeded with.

     (5)    If subsection (2) or (3) is not complied with the provisional warrant ceases to

have effect and accordingly the person must be taken to be discharged.

     (6)    When the person first appears or is brought before the appropriate judge, the

judge must—

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           (a)           inform him that he is accused of the commission of an offence in a

category 2 territory or that he is alleged to be unlawfully at large after

conviction of an offence by a court in a category 2 territory;

           (b)           give him the required information about consent;

           (c)           remand him in custody or on bail.

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     (7)    The required information about consent is—

           (a)           that the person may consent to his extradition to the category 2 territory

in which he is accused of the commission of an offence or is alleged to

have been convicted of an offence;

           (b)           an explanation of the effect of consent and the procedure that will apply

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if he gives consent;

           (c)           that consent must be given in writing and is irrevocable.

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

     (9)    The judge must order the person’s discharge if the documents referred to in

section 71(9) are not received by the judge within the required period.

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     (10)   The required period is—

           (a)           45 days starting with the day on which the person was arrested, or

           (b)           if the category 2 territory is designated by Order in Council for the

purposes of this section, any longer period permitted by the Order in

Council.

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     (11)   Subsection (4)(a) applies to Scotland with the omission of the words “by a

constable”.

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

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The extradition hearing

 76    Date of extradition hearing: arrest under section 72

     (1)    When a person arrested under a warrant issued under section 72 first appears

or is brought before the appropriate judge, the judge must fix a date on which

the extradition hearing is to begin.

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     (2)    The date fixed under subsection (1) must not be later than the end of the

permitted period, which is 2 months starting with the date on which the person

first appears or is brought before the judge.

     (3)    If before the date fixed under subsection (1) (or this subsection) a party to the

proceedings applies to the judge for a later date to be fixed and the judge

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believes there are exceptional circumstances, he may fix a later date; and this

subsection may apply more than once.

     (4)    If the extradition hearing does not begin on or before the date fixed under this

section the person must be taken to be discharged.

 77    Date of extradition hearing: arrest under provisional warrant

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     (1)    Subsection (2) applies if—

           (a)           a person is arrested under a provisional warrant, and

           (b)           the documents referred to in section 71(9) are received by the

appropriate judge within the period required under section 75(9).

     (2)    The judge must fix a date on which the extradition hearing is to begin.

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     (3)    The date fixed under subsection (2) must not be later than the end of the

permitted period, which is 2 months starting with the date on which the judge

receives the documents.

     (4)    If before the date fixed under subsection (2) (or this subsection) a party to the

proceedings applies to the judge for a later date to be fixed and the judge

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believes there are exceptional circumstances, he may fix a later date; and this

subsection may apply more than once.

     (5)    If the extradition hearing does not begin on or before the date fixed under this

section the person must be taken to be discharged.

 78    Judge’s powers at extradition hearing

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     (1)    In England and Wales, at the extradition hearing the appropriate judge has the

same powers (as nearly as may be) as a magistrates’ court would have if the

proceedings were the summary trial of an information against the person

whose extradition is requested.

     (2)    In Scotland—

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           (a)           at the extradition hearing the appropriate judge has the same powers

(as nearly as may be) as if the proceedings were summary proceedings

in respect of an offence alleged to have been committed by the person

whose extradition is requested; but

           (b)           in his making any decision under section 79(4)(a) evidence from a

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single source shall be sufficient.

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

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     (3)    In Northern Ireland, at the extradition hearing the appropriate judge has the

same powers (as nearly as may be) as a magistrates’ court would have if the

proceedings were the hearing and determination of a complaint against the

person whose extradition is requested.

     (4)    If the judge adjourns the extradition hearing he must remand the person in

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custody or on bail.

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

 79    Initial stages of extradition hearing

     (1)    This section applies if a person alleged to be the person whose extradition is

requested appears or is brought before the appropriate judge for the

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extradition hearing.

     (2)    The judge must decide whether the documents sent to him by the Secretary of

State consist of (or include)—

           (a)           the documents referred to in section 71(9);

           (b)           particulars of the person whose extradition is requested;

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           (c)           particulars of the offence specified in the request;

           (d)           in the case of a person accused of an offence, a warrant for his arrest

issued in the category 2 territory;

           (e)           in the case of a person alleged to be unlawfully at large after conviction

of an offence, a certificate issued in the category 2 territory of the

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conviction and (if he has been sentenced) of the sentence.

     (3)    If the judge decides the question in subsection (2) in the negative he must order

the person’s discharge.

     (4)    If the judge decides that question in the affirmative he must decide whether—

           (a)           the person appearing or brought before him is the person whose

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extradition is requested;

           (b)           the offence specified in the request is an extradition offence;

           (c)           copies of the documents sent to the judge by the Secretary of State have

been served on the person.

     (5)    The judge must decide the question in subsection (4)(a) on a balance of

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probabilities.

     (6)    If the judge decides any of the questions in subsection (4) in the negative he

must order the person’s discharge.

     (7)    If the judge decides those questions in the affirmative he must proceed under

section 80.

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     (8)    The reference in subsection (2)(d) to a warrant for a person’s arrest includes a

reference to a judicial document authorising his arrest.

 80    Bars to extradition

     (1)    If the judge is required to proceed under this section he must decide whether

the person’s extradition to the category 2 territory is barred by reason of—

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           (a)           the rule against double jeopardy;

           (b)           extraneous considerations;

           (c)           the passage of time;

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

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           (d)           hostage-taking considerations.

     (2)    Sections 81 to 84 apply for the interpretation of subsection (1).

     (3)    If the judge decides any of the questions in subsection (1) in the affirmative he

must order the person’s discharge.

     (4)    If the judge decides those questions in the negative and the person is accused

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of the commission of the extradition offence but is not alleged to be unlawfully

at large after conviction of it, the judge must proceed under section 85.

     (5)    If the judge decides those questions in the negative and the person is alleged to

be unlawfully at large after conviction of the extradition offence, the judge

must proceed under section 86.

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 81    Rule against double jeopardy

A person’s extradition to a category 2 territory is barred by reason of the rule

against double jeopardy if (and only if) it appears that he would be entitled to

be discharged under any rule of law relating to previous acquittal or conviction

if he were charged with the extradition offence in the part of the United

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Kingdom where the judge exercises his jurisdiction.

 82    Extraneous considerations

A person’s extradition to a category 2 territory is barred by reason of

extraneous considerations if (and only if) it appears that—

           (a)           the request for his extradition (though purporting to be made on

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account of the extradition offence) is in fact made for the purpose of

prosecuting or punishing him on account of his race, religion,

nationality or political opinions, or

           (b)           if extradited he might be prejudiced at his trial or punished, detained

or restricted in his personal liberty by reason of his race, religion,

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nationality or political opinions.

 83    Passage of time

A person’s extradition to a category 2 territory is barred by reason of the

passage of time if (and only if) it appears that it would be unjust or oppressive

to extradite him by reason of the passage of time since he is alleged to have

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committed the extradition offence or since he is alleged to have become

unlawfully at large (as the case may be).

 84    Hostage-taking considerations

     (1)    A person’s extradition to a category 2 territory is barred by reason of hostage-

taking considerations if (and only if) the territory is a party to the Hostage-

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taking Convention and it appears that—

           (a)           if extradited he might be prejudiced at his trial because communication

between him and the appropriate authorities would not be possible,

and

           (b)           the act or omission constituting the extradition offence also constitutes

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an offence under section 1 of the Taking of Hostages Act 1982 (c. 28) or

an attempt to commit such an offence.

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

    45

 

     (2)    The appropriate authorities are the authorities of the territory which are

entitled to exercise rights of protection in relation to him.

     (3)    A certificate issued by the Secretary of State that a territory is a party to the

Hostage-taking Convention is conclusive evidence of that fact for the purposes

of subsection (1).

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     (4)    The Hostage-taking Convention is the International Convention against the

Taking of Hostages opened for signature at New York on 18 December 1979.

 85    Case where person has not been convicted

     (1)    If the judge is required to proceed under this section he must decide whether

there is evidence which would be sufficient to make a case requiring an answer

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by the person if the proceedings were the summary trial of an information

against him.

     (2)    In deciding the question in subsection (1) the judge may treat a statement made

by a person in a document as admissible evidence of a fact if—

           (a)           the statement is made by the person to a police officer or another person

15

charged with the duty of investigating offences or charging offenders,

and

           (b)           direct oral evidence by the person of the fact would be admissible.

     (3)    In deciding whether to treat a statement made by a person in a document as

admissible evidence of a fact, the judge must in particular have regard—

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           (a)           to the nature and source of the document;

           (b)           to whether or not, having regard to the nature and source of the

document and to any other circumstances that appear to the judge to be

relevant, it is likely that the document is authentic;

           (c)           to the extent to which the statement appears to supply evidence which

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would not be readily available if the statement were not treated as

being admissible evidence of the fact;

           (d)           to the relevance of the evidence that the statement appears to supply to

any issue likely to have to be determined by the judge in deciding the

question in subsection (1);

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           (e)           to any risk that the admission or exclusion of the statement will result

in unfairness to the person whose extradition is sought, having regard

in particular to whether it is likely to be possible to controvert the

statement if the person making it does not attend to give oral evidence

in the proceedings.

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     (4)    A summary in a document of a statement made by a person must be treated as

a statement made by the person in the document for the purposes of subsection

(2).

     (5)    If the judge decides the question in subsection (1) in the negative he must order

the person’s discharge.

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     (6)    If the judge decides that question in the affirmative he must proceed under

section 88.

     (7)    If the judge is required to proceed under this section and the category 2

territory to which extradition is requested is designated for the purposes of this

section by Order in Council—

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           (a)           the judge must not decide under subsection (1), and

 

 

 
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