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Extradition Bill


Extradition Bill
Part 4 — Police powers

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           (b)           in Northern Ireland, the Chief Constable of the Police Service of

Northern Ireland.

 171   Evidence of identity: England and Wales

     (1)    The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.

     (2)    In section 54A (searches and examination to ascertain identity) at the end

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insert—

           “(13)              Nothing in this section applies to a person arrested under an

extradition arrest power.”

     (3)    In section 61 (fingerprinting) at the end insert—

           “(10)              Nothing in this section applies to a person arrested under an

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extradition arrest power.”

     (4)    In section 63 (non-intimate samples) at the end insert—

           “(11)              Nothing in this section applies to a person arrested under an

extradition arrest power.”

     (5)    In section 64A (photographing of suspects etc.) at the end insert—

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           “(7)              Nothing in this section applies to a person arrested under an

extradition arrest power.”

     (6)    In section 65 (interpretation of Part 5) after the definition of “drug trafficking”

and “drug trafficking offence” insert—

                    “extradition arrest power” means any of the following—

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                  (a)                 a Part 1 warrant (within the meaning given by the Extradition

Act 2003) in respect of which a certificate under section 2 of

that Act has been issued;

                  (b)                 section 5 of that Act;

                  (c)                 a warrant issued under section 72 of that Act;

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                  (d)                 a provisional warrant (within the meaning given by that Act).”

 172   Evidence of identity: Northern Ireland

     (1)    The Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/

1341 (N.I. 12)) is amended as follows.

     (2)    In Article 55A (searches and examination to ascertain identity) at the end

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insert—

           “(13)              Nothing in this Article applies to a person arrested under an extradition

arrest power.”

     (3)    In Article 61 (fingerprinting) at the end insert—

           “(10)              Nothing in this Article applies to a person arrested under an extradition

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arrest power.”

     (4)    In Article 63 (non-intimate samples) at the end insert—

           “(12)              Nothing in this Article applies to a person arrested under an extradition

arrest power.”

 

 

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     (5)    In Article 64A (photographing of suspects etc.) at the end insert—

           “(7)              Nothing in this Article applies to a person arrested under an extradition

arrest power.”

     (6)    In Article 53 (interpretation) after the definition of “drug trafficking” and “drug

trafficking offence” insert—

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                    “extradition arrest power” means any of the following—

                  (a)                 a Part 1 warrant (within the meaning given by the Extradition

Act 2003) in respect of which a certificate under section 2 of

that Act has been issued;

                  (b)                 section 5 of that Act;

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                  (c)                 a warrant issued under section 72 of that Act;

                  (d)                 a provisional warrant (within the meaning given by that Act).”

 173   Other treatment and rights

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

           (a)           is arrested under an extradition arrest power at a police station;

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           (b)           is taken to a police station after being arrested elsewhere under an

extradition arrest power;

           (c)           is detained at a police station after being arrested under an extradition

arrest power.

     (2)    In relation to those cases the Secretary of State may by order apply the

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provisions mentioned in subsections (3) and (4) with specified modifications.

     (3)    The provisions are these provisions of the Police and Criminal Evidence Act

1984 (c. 60)—

           (a)           section 54 (searches of detained persons);

           (b)           section 55 (intimate searches);

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           (c)           section 56 (right to have someone informed when arrested);

           (d)           section 58 (access to legal advice).

     (4)    The provisions are these provisions of the Police and Criminal Evidence

(Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))—

           (a)           Article 55 (searches of detained persons);

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           (b)           Article 56 (intimate searches);

           (c)           Article 57 (right to have someone informed when arrested);

           (d)           Article 59 (access to legal advice).

Delivery of seized property

 174   Delivery of seized property

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     (1)    This section applies to—

           (a)           anything which has been seized or produced under this Part, or

           (b)           anything which has been seized under section 50 or 51 of the Criminal

Justice and Police Act 2001 (c. 16) in reliance on a power of seizure

conferred by this Part.

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     (2)    A constable may deliver any such thing to a person who is or is acting on behalf

of an authority if the constable has reason to believe that the authority—

 

 

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Part 4 — Police powers

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           (a)           is an authority of the relevant territory, and

           (b)           has functions such that it is appropriate for the thing to be delivered to

it.

     (3)    If the relevant seizure power was a warrant issued under this Part, or the thing

was produced under an order made under this Part, the relevant territory is the

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category 1 or category 2 territory specified in the application for the warrant or

order.

     (4)    If the relevant seizure power was section 163(4), 164(5) or (6), 165(6) or (7) or

166(5) or (6), the relevant territory is—

           (a)           the territory in which the Part 1 warrant was issued, in a case where the

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applicable extradition arrest power is a Part 1 warrant in respect of

which a certificate under section 2 has been issued;

           (b)           the territory in which a constable has reason to believe that a Part 1

warrant has been or will be issued, in a case where the applicable

extradition arrest power is section 5;

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           (c)           the territory to which a person’s extradition is requested, in a case

where the applicable extradition arrest power is a warrant issued under

section 72;

           (d)           the territory in which a person is accused of the commission of an

offence or has been convicted of an offence, in a case where the

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applicable extradition arrest power is a provisional warrant.

     (5)    The applicable extradition arrest power is—

           (a)           the extradition arrest power under which a constable had a power of

arrest, if the relevant seizure power was section 163(4);

           (b)           the extradition arrest power under which a person was arrested, if the

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relevant seizure power was section 164(5) or (6), 165(6) or (7) or 166(5)

or (6).

     (6)    The relevant seizure power is—

           (a)           the power under which the thing was seized, or

           (b)           the power in reliance on which the thing was seized under section 50 or

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51 of the Criminal Justice and Police Act 2001 (c. 16).

     (7)    Subsection (1)(a) applies to Scotland with the insertion after “Part” of “(so far

as it applies to Scotland) or for the purposes of this Act (as it so applies) by

virtue of any enactment or rule of law”.

     (8)    Subsection (2) applies to Scotland with the substitution of “procurator fiscal”

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for “constable”.

     (9)    In subsection (7) “enactment” includes an enactment comprised in, or in an

instrument made under, an Act of the Scottish Parliament.

Codes of practice

 175   Codes of practice

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     (1)    The Secretary of State must issue codes of practice in connection with—

           (a)           the exercise of the powers conferred by this Part;

           (b)           the retention, use and return of anything seized or produced under this

Part;

 

 

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Part 4 — Police powers

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           (c)           access to and the taking of photographs and copies of anything so

seized or produced;

           (d)           the retention, use, disclosure and destruction of fingerprints, a sample

or a photograph taken under this Part.

     (2)    If the Secretary of State proposes to issue a code of practice under this section

5

he must—

           (a)           publish a draft of the code;

           (b)           consider any representations made to him about the draft;

           (c)           if he thinks it appropriate, modify the draft in the light of any such

representations.

10

     (3)    The Secretary of State must lay the code before Parliament.

     (4)    When he has done so he may bring the code into operation by order.

     (5)    The Secretary of State may revise the whole or any part of a code issued under

this section and issue the code as revised; and subsections (2) to (4) apply to

such a revised code as they apply to the original code.

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     (6)    A failure by a constable to comply with a provision of a code issued under this

section does not of itself make him liable to criminal or civil proceedings.

     (7)    A code issued under this section is admissible in evidence in proceedings

under this Act and must be taken into account by a judge or court in

determining any question to which it appears to the judge or the court to be

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relevant.

     (8)    If the Secretary of State publishes a draft code of practice in connection with a

matter specified in subsection (1) before the date on which this section comes

into force—

           (a)           the draft is as effective as one published under subsection (2) on or after

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that date;

           (b)           representations made to the Secretary of State about the draft before

that date are as effective as representations made to him about it after

that date;

           (c)           modifications made by the Secretary of State to the draft in the light of

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any such representations before that date are as effective as any such

modifications made by him on or after that date.

General

 176   Interpretation

     (1)    Subsections (2) to (8) apply for the purposes of this Part.

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     (2)    Each of these is an extradition arrest power—

           (a)           a Part 1 warrant in respect of which a certificate under section 2 has

been issued;

           (b)           section 5;

           (c)           a warrant issued under section 72;

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           (d)           a provisional warrant.

     (3)    “Excluded material”—

 

 

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           (a)           in England and Wales, has the meaning given by section 11 of the 1984

Act;

           (b)           in Northern Ireland, has the meaning given by Article 13 of the 1989

Order.

     (4)    “Items subject to legal privilege”—

5

           (a)           in England and Wales, has the meaning given by section 10 of the 1984

Act;

           (b)           in Scotland, has the meaning given by section 412 of the 2002 Act;

           (c)           in Northern Ireland, has the meaning given by Article 12 of the 1989

Order.

10

     (5)    “Premises”—

           (a)           in England and Wales, has the meaning given by section 23 of the 1984

Act;

           (b)           in Scotland, has the meaning given by section 412 of the 2002 Act;

           (c)           in Northern Ireland, has the meaning given by Article 25 of the 1989

15

Order.

     (6)    “Special procedure material”—

           (a)           in England and Wales, has the meaning given by section 14 of the 1984

Act;

           (b)           in Northern Ireland, has the meaning given by Article 16 of the 1989

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Order.

     (7)    The expressions in subsection (8) have the meanings given—

           (a)           in England and Wales, by section 65 of the 1984 Act;

           (b)           in Northern Ireland, by Article 53 of the 1989 Order.

     (8)    The expressions are—

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           (a)           appropriate consent;

           (b)           fingerprints;

           (c)           intimate search;

           (d)           non-intimate sample.

     (9)    The 1984 Act is the Police and Criminal Evidence Act 1984 (c. 60).

30

     (10)   The 1989 Order is the Police and Criminal Evidence (Northern Ireland) Order

1989 (S.I. 1989/1341 (N.I. 12)).

     (11)   The 2002 Act is the Proceeds of Crime Act 2002 (c. 29).

 177   Customs officers

The Treasury may by order provide for any provision of this Part which

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applies in relation to police officers or persons arrested by police officers to

apply with specified modifications in relation to customs officers or persons

arrested by customs officers.

 178   Service policemen

The Secretary of State may by order provide for any provision of this Part

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which applies in relation to police officers or persons arrested by police officers

to apply with specified modifications in relation to service policemen or

persons arrested by service policemen.

 

 

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Part 5 — Miscellaneous and general

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Part 5

Miscellaneous and general

British overseas territories

 179   Extradition from British overseas territories

     (1)    This section applies in relation to extradition—

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           (a)           from a British overseas territory to a category 1 territory;

           (b)           from a British overseas territory to the United Kingdom;

           (c)           from a British overseas territory to a category 2 territory;

           (d)           from a British overseas territory to any of the Channel Islands or the Isle

of Man.

10

     (2)    An Order in Council may provide for any provision of this Act applicable to

extradition from the United Kingdom to apply to extradition in a case falling

within subsection (1)(a) or (b).

     (3)    An Order in Council may provide for any provision of this Act applicable to

extradition from the United Kingdom to a category 2 territory to apply to

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extradition in a case falling within subsection (1)(c) or (d).

     (4)    An Order in Council under this section may provide that the provision applied

has effect with specified modifications.

 180   Extradition to British overseas territories

     (1)    This section applies in relation to extradition—

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           (a)           to a British overseas territory from a category 1 territory;

           (b)           to a British overseas territory from the United Kingdom;

           (c)           to a British overseas territory from a category 2 territory;

           (d)           to a British overseas territory from any of the Channel Islands or the Isle

of Man.

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     (2)    An Order in Council may provide for any provision of this Act applicable to

extradition to the United Kingdom to apply to extradition in a case falling

within subsection (1)(a) or (b).

     (3)    An Order in Council may provide for any provision of this Act applicable to

extradition to the United Kingdom from a category 2 territory to apply to

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extradition in a case falling within subsection (1)(c) or (d).

     (4)    An Order in Council under this section may provide that the provision applied

has effect with specified modifications.

Competing extradition claims

 181   Competing claims to extradition

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     (1)    This section applies if at the same time—

           (a)           there is a Part 1 warrant in respect of a person, a certificate has been

issued under section 2 in respect of the warrant, and the person has not

been extradited in pursuance of the warrant or discharged, and

 

 

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Part 5 — Miscellaneous and general

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           (b)           there is a request for the same person’s extradition, a certificate has

been issued under section 71 in respect of the request, and the person

has not been extradited in pursuance of the request or discharged.

     (2)    The Secretary of State may—

           (a)           order proceedings (or further proceedings) on one of them (the warrant

5

or the request) to be deferred until the other one has been disposed of,

if neither the warrant nor the request has been disposed of;

           (b)           order the person’s extradition in pursuance of the warrant to be

deferred until the request has been disposed of, if an order for his

extradition in pursuance of the warrant has been made;

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           (c)           order the person’s extradition in pursuance of the request to be

deferred until the warrant has been disposed of, if an order for his

extradition in pursuance of the request has been made;

     (3)    In applying subsection (2) the Secretary of State must take account of these

matters—

15

           (a)           the relative seriousness of the offences concerned;

           (b)           the place where each offence was committed (or was alleged to have

been committed);

           (c)           the date when the warrant was issued and the date when the request

was received;

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           (d)           whether, in the case of each offence, the person is accused of its

commission (but not alleged to have been convicted) or is alleged to be

unlawfully at large after conviction.

     (4)    If both the certificates referred to in subsection (1) are issued in Scotland, the

preceding provisions of this section apply as if the references to the Secretary

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of State were to the Scottish Ministers.

 182   Proceedings on deferred warrant or request

     (1)    This section applies if—

           (a)           an order is made under this Act deferring proceedings on an

extradition claim in respect of a person (the deferred claim) until

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another extradition claim in respect of the person has been disposed of,

and

           (b)           the other extradition claim is disposed of.

     (2)    If the person applies to the appropriate judge to be discharged, the judge may

order his discharge.

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     (3)    The person must be taken to be discharged at the end of the required period if

before the end of that period the appropriate judge does not—

           (a)           make an order for proceedings on the deferred claim to be resumed, or

           (b)           order the person’s discharge.

     (4)    The required period is 21 days starting with the day on which the other

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extradition claim is disposed of.

     (5)    If the proceedings on the deferred claim were under Part 1, section 68 applies

for determining the appropriate judge.

     (6)    If the proceedings on the deferred claim were under Part 2, section 141 applies

for determining the appropriate judge.

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