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Extradition Bill


Extradition Bill
Part 5 — Miscellaneous and general

    102

 

Part 5

Miscellaneous and general

British overseas territories

 178   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.

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     (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.

 179   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

 180   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

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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 in particular

of these matters—

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           (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.

 181   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)    The judge may make an order for proceedings on the deferred claim to be

resumed.

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     (3)           No order under subsection (2) may be made after the end of the required

period.

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

order his discharge.

     (5)           If the person applies to the appropriate judge to be discharged, the judge must

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order his discharge if—

           (a)           the required period has ended, and

           (b)           the judge has not made an order under subsection (2) or ordered the

person’s discharge.

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

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extradition claim is disposed of.

 

 

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Part 5 — Miscellaneous and general

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

for determining the appropriate judge.

     (8)    If the proceedings on the deferred claim were under Part 2, section 140 applies

for determining the appropriate judge.

     (9)    An extradition claim is made in respect of a person if—

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           (a)           a Part 1 warrant is issued in respect of him;

           (b)           a request for his extradition is made.

 182   Proceedings where extradition deferred

     (1)    This section applies if—

           (a)           an order is made under this Act deferring a person’s extradition in

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pursuance of an extradition claim (the deferred claim) until another

extradition claim in respect of him has been disposed of;

           (b)           the other extradition claim is disposed of.

     (2)           The judge may make an order for the person’s extradition in pursuance of the

deferred claim to cease to be deferred.

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     (3)           No order under subsection (2) may be made after the end of the required

period.

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

order his discharge.

     (5)           If the person applies to the appropriate judge to be discharged, the judge must

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order his discharge if—

           (a)           the required period has ended, and

           (b)           the judge has not made an order under subsection (2) or ordered the

person’s discharge.

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

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extradition claim is disposed of.

     (7)    If the person’s extradition in pursuance of the deferred claim was ordered

under Part 1, section 68 applies for determining the appropriate judge.

     (8)    If the person’s extradition in pursuance of the deferred claim was ordered

under Part 2, section 140 applies for determining the appropriate judge.

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     (9)    An extradition claim is made in respect of a person if—

           (a)           a Part 1 warrant is issued in respect of him;

           (b)           a request for his extradition is made.

Legal aid

 183   Legal advice, assistance and representation: England and Wales

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In section 12(2) of the Access to Justice Act 1999 (c. 22) (meaning of “criminal

proceedings”) for paragraph (c) substitute—

                  “(c)                    proceedings for dealing with an individual under the

Extradition Act 2003,”.

 

 

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Part 5 — Miscellaneous and general

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 184   Legal aid: Scotland

The provisions of the Legal Aid (Scotland) Act 1986 (c. 47) apply—

           (a)           in relation to proceedings in Scotland before the appropriate judge

under Part 1, 2 or 5 of this Act as those provisions apply in relation to

summary proceedings;

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           (b)           in relation to any proceedings on appeal arising out of such

proceedings before the appropriate judge as those provisions apply in

relation to appeals in summary proceedings.

 185   Grant of free legal aid: Northern Ireland

     (1)    The appropriate judge may grant free legal aid to a person in connection with

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proceedings under Part 1 or Part 2 before the judge or the High Court.

     (2)    A judge of the High Court may grant free legal aid to a person in connection

with proceedings under Part 1 or Part 2 before the High Court or the House of

Lords.

     (3)    If the appropriate judge refuses to grant free legal aid under subsection (1) in

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connection with proceedings before the High Court the person may appeal to

the High Court against the judge’s decision.

     (4)    A judge of the High Court may grant free legal aid to a person in connection

with proceedings on an appeal under subsection (3).

     (5)    Free legal aid may be granted to a person under subsection (1), (2) or (4) only

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if it appears to the judge that—

           (a)           the person’s means are insufficient to enable him to obtain legal aid,

and

           (b)           it is desirable in the interests of justice that the person should be

granted free legal aid.

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     (6)    On an appeal under subsection (3) the High Court may—

           (a)           allow the appeal;

           (b)           dismiss the appeal.

     (7)    The High Court may allow an appeal under subsection (3) only if it appears to

the High Court that—

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           (a)           the person’s means are insufficient to enable him to obtain legal aid,

and

           (b)           it is desirable in the interests of justice that the person should be

granted free legal aid.

     (8)    If the High Court allows an appeal under subsection (3) it must grant free legal

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aid to the person in connection with the proceedings under Part 1 or Part 2

before it.

     (9)    If on a question of granting free legal aid under this section or of allowing an

appeal under subsection (3) there is a doubt as to whether—

           (a)           the person’s means are insufficient to enable him to obtain legal aid, or

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           (b)           it is desirable in the interests of justice that the person should be

granted free legal aid,

            the doubt must be resolved in favour of granting him free legal aid.

 

 

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Part 5 — Miscellaneous and general

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     (10)   References in this section to granting free legal aid to a person are to assigning

to him—

           (a)           a solicitor and counsel, or

           (b)           a solicitor only, or

           (c)           counsel only.

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 186   Free legal aid: supplementary

     (1)    The provisions of the Legal Aid, Advice and Assistance (Northern Ireland)

Order 1981 (S.I. 1981/228 (N.I. 8)) listed in subsection (2) apply in relation to

free legal aid under section 185 in connection with proceedings before the

appropriate judge or the High Court as they apply in relation to free legal aid

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under Part III of the Order.

     (2)    The provisions are—

           (a)           Article 32 (statements of means);

           (b)           Article 36(1) (payment of legal aid);

           (c)           Article 36(3) and (4) (rules);

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           (d)           Article 36A (solicitors excluded from legal aid work);

           (e)           Article 37 (remuneration of solicitors and counsel);

           (f)           Article 40 (stamp duty exemption).

     (3)    As so applied those Articles have effect as if—

           (a)           a person granted free legal aid under section 185 had been granted a

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criminal aid certificate under Part III of the Order;

           (b)           section 185 were contained in Part III of the Order.

     (4)    The fees of any counsel, and the expenses and fees of any solicitor, assigned to

a person under section 185 in connection with proceedings before the House of

Lords must be paid by the Lord Chancellor.

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     (5)    The fees and expenses paid under subsection (4) must not exceed the amount

allowed by—

           (a)           the House of Lords, or

           (b)           such officer or officers of the House of Lords as may be prescribed by

order of the House of Lords.

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     (6)    For the purposes of section 185 and this section the appropriate judge is—

           (a)           such county court judge or resident magistrate as is designated for the

purposes of Part 1 by the Lord Chancellor, if the proceedings are under

Part 1;

           (b)           such county court judge or resident magistrate as is designated for the

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purposes of Part 2 by the Lord Chancellor, if the proceedings are under

Part 2.

Re-extradition

 187   Re-extradition: preliminary

     (1)    Section 188 applies in relation to a person if the conditions in subsections (2) to

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(6) are satisfied.

     (2)    The first condition is that the person was extradited to a territory in accordance

with Part 1 or Part 2.

 

 

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     (3)    The second condition is that the person was serving a sentence of

imprisonment or another form of detention in the United Kingdom (the UK

sentence) before he was extradited.

     (4)    The third condition is that—

           (a)           if the person was extradited in accordance with Part 1, the Part 1

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warrant in pursuance of which he was extradited contained a statement

that it was issued with a view to his extradition for the purpose of being

prosecuted for an offence;

           (b)           if the person was extradited in accordance with Part 2, the request in

pursuance of which the person was extradited contained a statement

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that the person was accused of the commission of an offence.

     (5)    The fourth condition is that a certificate issued by a judicial authority of the

territory shows that—

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

4 months or a greater punishment (the overseas sentence) was imposed

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on the person in the territory;

           (b)           the overseas sentence was imposed on him in respect of—

                  (i)                 the offence specified in the warrant or request, or

                  (ii)                any other offence committed before his extradition in respect of

which he was permitted to be dealt with in the territory.

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     (6)    The fifth condition is that before serving the overseas sentence the person was

returned to the United Kingdom to serve the remainder of the UK sentence.

 188   Re-extradition hearing

     (1)    If this section applies in relation to a person, as soon as practicable after the

relevant time the person must be brought before the appropriate judge for the

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judge to decide whether the person is to be extradited again to the territory in

which the overseas sentence was imposed.

     (2)    The relevant time is the time at which the person would otherwise be released

from detention pursuant to the UK sentence (whether or not on licence).

     (3)    If subsection (1) is not complied with the person must be taken to be

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discharged.

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

before the appropriate judge under subsection (1) or he is taken to be

discharged under subsection (3).

     (5)    If the person is brought before the appropriate judge under subsection (1) the

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judge must decide whether the territory in which the overseas sentence was

imposed is—

           (a)           a category 1 territory;

           (b)           a category 2 territory;

           (c)           neither a category 1 territory nor a category 2 territory.

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     (6)    If the judge decides that the territory is a category 1 territory, section 189

applies.

     (7)    If the judge decides that the territory is a category 2 territory, section 190

applies.

 

 

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     (8)    If the judge decides that the territory is neither a category 1 territory nor a

category 2 territory, he must order the person’s discharge.

     (9)    A person’s discharge as a result of this section or section 189 or 190 does not

affect any conditions on which he is released from detention pursuant to the

UK sentence.

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     (10)   Section 140 applies for determining the appropriate judge for the purposes of

this section.

 189   Re-extradition to category 1 territories

     (1)    If this section applies, this Act applies as it would if—

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

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           (b)           the warrant contained a statement that—

                  (i)                 the person was alleged to be unlawfully at large after conviction

of the relevant offence, and

                  (ii)                the warrant was issued with a view to the person’s arrest and

extradition to the territory for the purpose of serving a sentence

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imposed in respect of the relevant offence;

           (c)           the warrant were issued by the authority of the territory which issued

the certificate referred to in section 187(5);

           (d)           the relevant offence were specified in the warrant;

           (e)           the judge were the appropriate judge for the purposes of Part 1;

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           (f)           the hearing at which the judge is to make the decision referred to in

section 188(1) were the extradition hearing;

           (g)           the proceedings before the judge were under Part 1.

     (2)    As applied by subsection (1) this Act has effect with the modifications set out

in Part 1 of Schedule 1.

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     (3)    The relevant offence is the offence in respect of which the overseas sentence is

imposed.

 190   Re-extradition to category 2 territories

     (1)    If this section applies, this Act applies as it would if—

           (a)           a valid request for the person’s extradition to the territory had been

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made;

           (b)           the request contained a statement that the person was alleged to be

unlawfully at large after conviction of the relevant offence;

           (c)           the relevant offence were specified in the request;

           (d)           the hearing at which the appropriate judge is to make the decision

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referred to in section 188(1) were the extradition hearing;

           (e)           the proceedings before the judge were under Part 2.

     (2)    As applied by subsection (1) this Act has effect with the modifications set out

in Part 2 of Schedule 1.

     (3)    The relevant offence is the offence in respect of which the overseas sentence is

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imposed.

 

 

 
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