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Extradition Bill


Extradition Bill
Part 3 — Extradition to the United Kingdom

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 153   Dealing with person for other offences: other category 2 territories

     (1)    This section applies if—

           (a)           a person is extradited to the United Kingdom from a category 2

territory under law of the territory corresponding to Part 2 of this Act,

and

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           (b)           the territory is not one falling within section 152(1)(b).

     (2)    The person may be dealt with in the United Kingdom for an offence committed

before his extradition only if—

           (a)           the offence is one falling within subsection (3), or

           (b)           the condition in subsection (4) is satisfied.

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     (3)    The offences are—

           (a)           the offence in respect of which the person is extradited;

           (b)           an offence disclosed by the information provided to the category 2

territory in respect of that offence;

           (c)           an offence in respect of which consent to the person being dealt with is

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given on behalf of the territory.

     (4)    The condition is that—

           (a)           the person has returned to the territory from which he was extradited,

or

           (b)           the person has been given an opportunity to leave the United Kingdom.

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     (5)    A person is dealt with in the United Kingdom for an offence if—

           (a)           he is tried there for it;

           (b)           he is detained with a view to trial there for it.

 154   Remission of punishment for other offences

     (1)    This section applies if—

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           (a)           a person is extradited to the United Kingdom from a category 2

territory under law of the territory corresponding to Part 2 of this Act;

           (b)           before his extradition he has been convicted of an offence in the United

Kingdom;

           (c)           he has not been extradited in respect of that offence.

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     (2)    The punishment for the offence must be treated as remitted but the person’s

conviction for the offence must be treated as a conviction for all other purposes.

General

 155   Return of person acquitted or not tried

     (1)    This section applies if—

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           (a)           a person is accused in the United Kingdom of the commission of an

offence;

           (b)           the person is extradited to the United Kingdom in respect of the offence

from—

                  (i)                 a category 1 territory under law of the territory corresponding

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to Part 1 of this Act, or

 

 

Extradition Bill
Part 3 — Extradition to the United Kingdom

    83

 

                  (ii)                a category 2 territory under law of the territory corresponding

to Part 2 of this Act;

           (c)           the condition in subsection (2) or the condition in subsection (3) is

satisfied.

     (2)    The condition is that proceedings against the person for the offence are not

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begun before the end of the required period, which is 6 months starting with

the day on which the person arrives in the United Kingdom on his extradition.

     (3)    The condition is that at his trial for the offence the person is acquitted or is

discharged under any of these provisions—

           (a)           section 12(1) of the Powers of Criminal Courts (Sentencing) Act 2000

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(c. 6);

           (b)           section 246(1), (2) or (3) of the Criminal Procedure (Scotland) Act 1995

(c. 46);

           (c)           Article 4(1) of the Criminal Justice (Northern Ireland) Order 1996 (S.I.

1996/3160 (N.I. 24)).

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     (4)    The Secretary of State must, if asked to do so by the person, arrange for him to

be sent back, free of charge and with as little delay as possible, to the territory

from which he was extradited to the United Kingdom in respect of the offence.

     (5)    If the accusation in subsection (1)(a) relates to the commission of an offence in

Scotland, subsection (4) applies as if the reference to the Secretary of State were

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a reference to the Scottish Ministers.

 156   Restriction on bail where undertaking given by Secretary of State

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

           (a)           the Secretary of State has given an undertaking in connection with the

person’s extradition to the United Kingdom, and

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           (b)           the undertaking includes terms that the person be kept in custody until

the conclusion of any proceedings against him in the United Kingdom

for an offence.

     (2)    A court, judge or justice of the peace may grant bail to the person in the

proceedings only if the court, judge or justice of the peace considers that there

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are exceptional circumstances which justify it.

 157   Service personnel

The Secretary of State may by order provide for the preceding provisions of

this Part to have effect with specified modifications in relation to a case where

the person whose extradition is sought or ordered is subject to military law, air-

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force law or the Naval Discipline Act 1957 (c. 53).

 

 

Extradition Bill
Part 4 — Police powers

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Part 4

Police powers

Warrants and orders

 158   Search and seizure warrants

     (1)    A justice of the peace may, on an application made to him by a constable, issue

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a search and seizure warrant if he is satisfied that the requirements for the issue

of a search and seizure warrant are fulfilled.

     (2)    The application for a search and seizure warrant must state that—

           (a)           the extradition of a person specified in the application is sought under

Part 1 or Part 2;

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           (b)           the warrant is sought in relation to premises specified in the

application;

           (c)           the warrant is sought in relation to material, or material of a

description, specified in the application.

     (3)    If the application states that the extradition of the person is sought under Part

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1, the application must also state that the person is accused in a category 1

territory specified in the application of the commission of an offence—

           (a)           which is specified in the application, and

           (b)           which is an extradition offence within the meaning given by section 65.

     (4)    If the application states that the extradition of the person is sought under Part

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2, the application must also state that the person is accused in a category 2

territory specified in the application of the commission of an offence—

           (a)           which is specified in the application, and

           (b)           which is an extradition offence within the meaning given by section

139.

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     (5)    A search and seizure warrant is a warrant authorising a constable—

           (a)           to enter and search the premises specified in the application for the

warrant, and

           (b)           to seize and retain any material found there which falls within

subsection (6).

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     (6)    Material falls within this subsection if—

           (a)           it would be likely to be admissible evidence at a trial in the relevant part

of the United Kingdom for the offence specified in the application for

the warrant (on the assumption that conduct constituting that offence

would constitute an offence in that part of the United Kingdom), and

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           (b)           it does not consist of or include items subject to legal privilege,

excluded material or special procedure material.

     (7)    The relevant part of the United Kingdom is the part of the United Kingdom

where the justice of the peace exercises jurisdiction.

     (8)    The requirements for the issue of a search and seizure warrant are that there

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are reasonable grounds for believing that—

           (a)           the offence specified in the application has been committed by the

person so specified;

 

 

Extradition Bill
Part 4 — Police powers

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           (b)           the person is in the United Kingdom or is on his way to the United

Kingdom;

           (c)           the offence is an extradition offence within the meaning given by

section 65 (if subsection (3) applies) or section 139 (if subsection (4)

applies);

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           (d)           there is material on premises specified in the application which falls

within subsection (6);

           (e)           any of the conditions referred to in subsection (9) is satisfied.

     (9)    The conditions are—

           (a)           that it is not practicable to communicate with a person entitled to grant

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entry to the premises;

           (b)           that it is practicable to communicate with a person entitled to grant

entry to the premises but it is not practicable to communicate with a

person entitled to grant access to the material referred to in subsection

(8)(d);

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           (c)           that entry to the premises will not be granted unless a warrant is

produced;

           (d)           that the purpose of a search may be frustrated or seriously prejudiced

unless a constable arriving at the premises can secure immediate entry

to them.

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

modifications—

           (a)           in subsections (1) and (7) for “justice of the peace” substitute “sheriff”;

           (b)           in subsection (1) for “constable” substitute “procurator fiscal”;

           (c)           for “search and seizure warrant” substitute “warrant to search”;

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           (d)           in subsection (6)(b) omit the words “, excluded material or special

procedure material”;

           (e)                         subsections (8)(e) and (9) are omitted.

 159   Production orders

     (1)    A judge may, on an application made to him by a constable, make a production

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order if he is satisfied that the requirements for the making of a production

order are fulfilled.

     (2)    The application for a production order must state that—

           (a)           the extradition of a person specified in the application is sought under

Part 1 or Part 2;

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           (b)           the order is sought in relation to premises specified in the application;

           (c)           the order is sought in relation to material, or material of a description,

specified in the application;

           (d)           the material is special procedure material or excluded material;

           (e)           a person specified in the application appears to be in possession or

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control of the material.

     (3)    If the application states that the extradition of the person is sought under Part

1, the application must also state that the person is accused in a category 1

territory specified in the application of the commission of an offence—

           (a)           which is specified in the application, and

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           (b)           which is an extradition offence within the meaning given by section 65.

 

 

Extradition Bill
Part 4 — Police powers

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     (4)    If the application states that the extradition of the person is sought under Part

2, the application must also state that the person is accused in a category 2

territory specified in the application of the commission of an offence—

           (a)           which is specified in the application, and

           (b)           which is an extradition offence within the meaning given by section

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139.

     (5)    A production order is an order either—

           (a)           requiring the person the application for the order specifies as appearing

to be in possession or control of special procedure material or excluded

material to produce it to a constable (within the period stated in the

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order) for him to take away, or

           (b)           requiring that person to give a constable access to the special procedure

material or excluded material within the period stated in the order.

     (6)    The period stated in a production order must be a period of 7 days starting

with the day on which the order is made, unless it appears to the judge by

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whom the order is made that a longer period would be appropriate.

     (7)    Production orders have effect as if they were orders of the court.

     (8)    In this section “judge”—

           (a)           in England and Wales, means a circuit judge;

           (b)           in Northern Ireland, means a Crown Court judge.

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 160   Requirements for making of production order

     (1)    These are the requirements for the making of a production order.

     (2)    There must be reasonable grounds for believing that—

           (a)           the offence specified in the application has been committed by the

person so specified;

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           (b)           the person is in the United Kingdom or is on his way to the United

Kingdom;

           (c)           the offence is an extradition offence within the meaning given by

section 65 (if section 159(3) applies) or section 139 (if section 159(4)

applies);

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           (d)           there is material which consists of or includes special procedure

material or excluded material on premises specified in the application;

           (e)           the material would be likely to be admissible evidence at a trial in the

relevant part of the United Kingdom for the offence specified in the

application (on the assumption that conduct constituting that offence

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would constitute an offence in that part of the United Kingdom).

     (3)    The relevant part of the United Kingdom is the part of the United Kingdom

where the judge exercises jurisdiction.

     (4)    It must appear that other methods of obtaining the material—

           (a)           have been tried without success, or

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           (b)           have not been tried because they were bound to fail.

     (5)    It must be in the public interest that the material should be produced or that

access to it should be given.

 

 

 
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