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Extradition Bill


Extradition Bill
Part 1 — Extradition to category 1 territories

    1

 

A

Bill

[AS AMENDED ON REPORT]

To

make provision about extradition.                                                                            

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Part 1

Extradition to category 1 territories

Introduction

 1     Extradition to category 1 territories

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

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designated for the purposes of this Part by order made by the Secretary of

State.

     (2)    In this Act references to category 1 territories are to the territories designated

for the purposes of this Part.

     (3)    A territory may not be designated for the purposes of this Part if a person

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found guilty in the territory of a criminal offence may be sentenced to death for

the offence under the general criminal law of the territory.

 2     Part 1 warrant and certificate

     (1)    This section applies if the designated authority receives a Part 1 warrant in

respect of a person.

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     (2)    A Part 1 warrant is an arrest warrant which is issued by a judicial authority of

a category 1 territory and which contains—

 
HL Bill 11553/2
 
 

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Part 1 — Extradition to category 1 territories

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           (a)           the statement referred to in subsection (3) and the information referred

to in subsection (4), or

           (b)           the statement referred to in subsection (5) and the information referred

to in subsection (6).

     (3)    The statement is one that—

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           (a)           the person in respect of whom the Part 1 warrant is issued is accused in

the category 1 territory of the commission of an offence specified in the

warrant, and

           (b)           the Part 1 warrant is issued with a view to his arrest and extradition to

the category 1 territory for the purpose of being prosecuted for the

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offence.

     (4)           The information is—

           (a)           particulars of the person’s identity;

           (b)           particulars of any other warrant issued in the category 1 territory for

the person’s arrest in respect of the offence;

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           (c)           particulars of the circumstances in which the person is alleged to have

committed the offence, including a description of the circumstances in

which the offence was committed, including the time, place and degree

of participation in the offence by the requested person, the nature and

legal classification of the offence and the applicable statutory provision;

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           (d)           particulars of the sentence which may be imposed under the law of the

category 1 territory in respect of the offence if the person is convicted of

it.

     (5)    The statement is one that—

           (a)           the person in respect of whom the Part 1 warrant is issued is alleged to

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be unlawfully at large after conviction of an offence specified in the

warrant by a court in the category 1 territory, and

           (b)           the Part 1 warrant is issued with a view to his arrest and extradition to

the category 1 territory for the purpose of being sentenced for the

offence or of serving a sentence of imprisonment or another form of

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detention imposed in respect of the offence.

     (6)    The information is—

           (a)           particulars of the person’s identity;

           (b)           particulars of the conviction;

           (c)           particulars of any other warrant issued in the category 1 territory for

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the person’s arrest in respect of the offence;

           (d)           particulars of the sentence which may be imposed under the law of the

category 1 territory in respect of the offence, if the person has not been

sentenced for the offence;

           (e)           particulars of the sentence which has been imposed under the law of

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the category 1 territory in respect of the offence, if the person has been

sentenced for the offence.

     (7)    The designated authority may issue a certificate under this section if it believes

that the authority which issued the Part 1 warrant has the function of issuing

arrest warrants in the category 1 territory.

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     (8)    A certificate under this section must certify that the authority which issued the

Part 1 warrant has the function of issuing arrest warrants in the category 1

territory.

 

 

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Part 1 — Extradition to category 1 territories

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     (9)    The designated authority is the authority designated for the purposes of this

Part by order made by the Secretary of State.

     (10)   An order made under subsection (9) may—

           (a)           designate more than one authority;

           (b)           designate different authorities for different parts of the United

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Kingdom.

Arrest

 3     Arrest under certified Part 1 warrant

     (1)    This section applies if a certificate is issued under section 2 in respect of a Part

1 warrant issued in respect of a person.

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     (2)    The warrant may be executed by a constable or a customs officer in any part of

the United Kingdom.

     (3)    The warrant may be executed by a service policeman, but only if 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.

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     (4)    If a service policeman has power to execute the warrant under subsection (3),

he may execute the warrant in any place where he would have power to arrest

the person under the appropriate service law if the person had committed an

offence under that law.

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

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

     (6)           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-

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force law;

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

 4     Person arrested under Part 1 warrant

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

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

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his arrest, the warrant or a copy of it must be shown to him as soon as

practicable after his arrest.

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

judge.

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

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to be discharged, the judge must order his discharge.

     (5)    A person arrested under the warrant must be treated as continuing in legal

custody until he is brought before the appropriate judge under subsection (3)

or he is discharged under subsection (4).

 

 

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Part 1 — Extradition to category 1 territories

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 5     Provisional arrest

     (1)    A constable, a customs officer or a service policeman may arrest a person

without a warrant if he has reason to believe—

           (a)           that a Part 1 warrant has been or will be issued in respect of the person

by an authority of a category 1 territory, and

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

category 1 territory.

     (2)    A constable or a customs officer may arrest a person under subsection (1) in

any part of the United Kingdom.

     (3)    A service policeman may arrest a person under subsection (1) only if the

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service policeman would have power to arrest the person under the

appropriate service law if the person had committed an offence under that law.

     (4)    If a service policeman has power to arrest a person under subsection (1), the

service policeman may exercise the power in any place where he would have

power to arrest the person for an offence under the appropriate service law if

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the person had committed an offence under that law.

     (5)    The appropriate service law is—

           (a)           the Army Act 1955 (3 & 4 Eliz. 2 c. 18), if the person to be arrested is

subject to military law;

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

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force law;

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

 6     Person arrested under section 5

     (1)    This section applies if a person is arrested under section 5.

     (2)    The following must occur within the required period—

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           (a)           the person must be brought before the appropriate judge;

           (b)           the documents specified in subsection (4) must be produced to the

judge.

     (3)    The required period is 48 hours starting with the time when the person is

arrested.

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     (4)    The documents are—

           (a)           a Part 1 warrant in respect of the person;

           (b)           a certificate under section 2 in respect of the warrant.

     (5)           The Part 1 warrant or a copy of it must be shown to the person as soon as

practicable after his arrest.

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     (6)    If subsection (2) or (5) is not complied with and the person applies to the judge

to be discharged, the judge must order his discharge.

     (7)    The person must be treated as continuing in legal custody until he is brought

before the appropriate judge under subsection (2) or he is discharged under

subsection (6).

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     (8)           Subsection (9) applies if—

           (a)           a person is arrested under section 5 on the basis of a belief that a Part 1

warrant has been or will be issued in respect of him;

 

 

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Part 1 — Extradition to category 1 territories

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           (b)           the person is discharged under subsection (6).

     (9)           The person must not be arrested again under section 5 on the basis of a belief

relating to the same Part 1 warrant.

The initial hearing

 7     Identity of person arrested

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     (1)    This section applies if—

           (a)           a person arrested under a Part 1 warrant is brought before the

appropriate judge under section 4(3), or

           (b)           a person is arrested under section 5 and section 6(2) is complied with in

relation to him.

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     (2)    The judge must decide whether the person brought before him is the person in

respect of whom—

           (a)           the warrant referred to in subsection (1)(a) was issued, or

           (b)           the warrant referred to in section 6(4) was issued.

     (3)    The judge must decide the question in subsection (2) on a balance of

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probabilities.

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

the person’s discharge.

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

section 8.

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     (6)    In England and Wales, the 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.

     (7)    In Scotland—

           (a)           the judge has the same powers (as nearly as may be) as if the

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proceedings were summary proceedings in respect of an offence

alleged to have been committed by the person; but

           (b)           in his making any decision under subsection (2) evidence from a single

source shall be sufficient.

     (8)    In Northern Ireland, the judge has the same powers (as nearly as may be) as a

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magistrates’ court would have if the proceedings were the hearing and

determination of a complaint against the person.

     (9)    If the judge exercises his power to adjourn the proceedings he must remand the

person in custody or on bail.

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

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 8     Remand etc.

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

           (a)           fix a date on which the extradition hearing is to begin;

           (b)           inform the person of the contents of the Part 1 warrant;

           (c)           give the person the required information about consent;

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           (d)           remand the person in custody or on bail.

 

 

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

     (3)    The required information about consent is—

           (a)           that the person may consent to his extradition to the category 1 territory

in which the Part 1 warrant was issued;

           (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 before the judge and is irrevocable.

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

permitted period, which is 21 days starting with the date of the arrest referred

to in section 7(1)(a) or (b).

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     (5)    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

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

subsection may apply more than once.

     (6)    Subsections (7) and (8) apply if the extradition hearing does not begin on or

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before the date fixed under this section.

     (7)    If the person applies to the judge to be discharged the judge must order his

discharge, unless reasonable cause is shown for the delay.

     (8)    If no application is made under subsection (7) the judge must order the

person’s discharge on the first occasion after the date fixed under this section

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when the person appears or is brought before the judge, unless reasonable

cause is shown for the delay.

The extradition hearing

 9     Judge’s powers at extradition hearing

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

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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 in

respect of whom the Part 1 warrant was issued.

     (2)    In Scotland, at the extradition hearing the appropriate judge has the same

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

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

respect of whom the Part 1 warrant was issued.

     (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

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person in respect of whom the Part 1 warrant was issued.

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

custody or on bail.

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

 10    Initial stage of extradition hearing

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     (1)    This section applies if a person in respect of whom a Part 1 warrant is issued

appears or is brought before the appropriate judge for the extradition hearing.

 

 

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Part 1 — Extradition to category 1 territories

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     (2)    The judge must decide whether the offence specified in the Part 1 warrant is an

extradition offence.

     (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 proceed under

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section 11.

 11    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 1 territory is barred by reason of—

           (a)           the rule against double jeopardy;

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           (b)           extraneous considerations;

           (c)           the passage of time;

           (d)           the person’s age;

           (e)           hostage-taking considerations;

           (f)           speciality;

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           (g)           the person’s earlier extradition to the United Kingdom from another

category 1 territory;

           (h)           the person’s earlier extradition to the United Kingdom from a non-

category 1 territory.

     (2)    Sections 12 to 19 apply for the interpretation of subsection (1).

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     (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 alleged to

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

must proceed under section 20.

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

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 21.

 12    Rule against double jeopardy

A person’s extradition to a category 1 territory is barred by reason of the rule

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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

on the assumption—

           (a)           that the conduct constituting the extradition offence constituted an

offence in the part of the United Kingdom where the judge exercises

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jurisdiction;

           (b)           that the person were charged with the extradition offence in that part of

the United Kingdom.

 13    Extraneous considerations

A person’s extradition to a category 1 territory is barred by reason of

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

           (a)           the Part 1 warrant issued in respect of him (though purporting to be

issued on account of the extradition offence) is in fact issued for the

 

 

 
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