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Extradition Bill


Extradition Bill
Part 5 — Miscellaneous and general

    109

 

Conduct of extradition proceedings

 191   Crown Prosecution Service: role in extradition proceedings

     (1)    The Prosecution of Offences Act 1985 (c. 23) is amended as follows.

     (2)    In section 3 (functions of the Director) in subsection (2) after paragraph (e)

insert—

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                  “(ea)                    to have the conduct of any extradition proceedings;

                  (eb)                    to give, to such extent as he considers appropriate, and to such

persons as he considers appropriate, advice on any matters

relating to extradition proceedings or proposed extradition

proceedings.”

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     (3)           In section 3 after subsection (2) insert—

           “(2A)              Subsection (2)(ea) above does not require the Director to have the

conduct of any extradition proceedings in respect of a person if he has

received a request not to do so and—

                  (a)                 in a case where the proceedings are under Part 1 of the

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Extradition Act 2003, the request is made by the authority

which issued the Part 1 warrant in respect of the person;

                  (b)                 in a case where the proceedings are under Part 2 of that Act, the

request is made on behalf of the territory to which the person’s

extradition has been requested.”

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     (4)    In section 5(1) (conduct of prosecutions on behalf of Crown Prosecution

Service) after “criminal proceedings” insert “or extradition proceedings”.

     (5)    In section 14 (control of fees and expenses etc paid by the Service) in subsection

(1)(a) after “criminal proceedings” insert “or extradition proceedings”.

     (6)    In section 15(1) (interpretation of Part 1) in the appropriate place insert—

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                    ““extradition proceedings” means proceedings under the Extradition Act

2003;”.

 192   Lord Advocate: role in extradition proceedings

     (1)    The Lord Advocate must—

           (a)           conduct any extradition proceedings in Scotland;

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           (b)           give, to such extent as he considers appropriate, and to such persons as

he considers appropriate, advice on any matters relating to extradition

proceedings or proposed extradition proceedings, in Scotland.

     (2)           Subsection (1)(a) does not require the Lord Advocate to conduct any

extradition proceedings in respect of a person if he has received a request not

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to do so and—

           (a)           in a case where the proceedings are under Part 1, the request is made

by the authority which issued the Part 1 warrant in respect of the

person;

           (b)           in a case where the proceedings are under Part 2, the request is made

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on behalf of the territory to which the person’s extradition has been

requested.

 

 

Extradition Bill
Part 5 — Miscellaneous and general

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 193   Northern Ireland DPP and Crown Solicitor: role in extradition proceedings

     (1)    The Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I.

1)) is amended as set out in subsections (2) to (4).

     (2)    In article 2(2) (interpretation) in the appropriate place insert—

                    ““extradition proceedings” means proceedings under the Extradition Act

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2003;”.

     (3)    In article 4(7) (conduct of prosecutions on behalf of DPP) after “prosecution”

insert “or extradition proceedings”.

     (4)    In article 5 (functions of DPP) after paragraph (1) insert—

           “(1A)              The Director may—

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                  (a)                 have the conduct of any extradition proceedings in Northern

Ireland;

                  (b)                 give to such persons as appear to him appropriate such advice

as appears to him appropriate on matters relating to extradition

proceedings, or proposed extradition proceedings, in Northern

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Ireland.”

     (5)    The Justice (Northern Ireland) Act 2002 (c. 26) is amended as set out in

subsections (6) to (8).

     (6)    After section 31 insert—

       “31A Conduct of extradition proceedings

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           (1)           The Director may have the conduct of any extradition proceedings in

Northern Ireland.

           (2)           The Director may give to such persons as appear to him appropriate

such advice as appears to him appropriate on matters relating to

extradition proceedings, or proposed extradition proceedings, in

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Northern Ireland.”

     (7)    In section 36(2) (conduct of criminal proceedings on behalf of DPP) after

“criminal proceedings” insert “or extradition proceedings”.

     (8)    In section 44 (interpretation) after subsection (6) insert—

           “(7)              For the purposes of this Part “extradition proceedings” means

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proceedings under the Extradition Act 2003.”

     (9)    The Crown Solicitor for Northern Ireland may—

           (a)           have the conduct of any proceedings under this Act in Northern

Ireland;

           (b)           give to such persons as appear to him appropriate such advice as

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appears to him appropriate on matters relating to proceedings under

this Act, or proposed proceedings under this Act, in Northern Ireland.

Parties to international Conventions

 194   Parties to international Conventions

     (1)    A territory may be designated by order made by the Secretary of State if—

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           (a)           it is not a category 1 territory or a category 2 territory, and

 

 

Extradition Bill
Part 5 — Miscellaneous and general

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           (b)           it is a party to an international Convention to which the United

Kingdom is a party.

     (2)    This Act applies in relation to a territory designated by order under subsection

(1) as if the territory were a category 2 territory.

     (3)    As applied to a territory by subsection (2), this Act has effect as if—

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           (a)           sections 72(4), 74(5), 75(10)(b), 85(7), 87(7), 138 and 139 were omitted;

           (b)           the conduct that constituted an extradition offence for the purposes of

Part 2 were the conduct specified in relation to the territory in the order

under subsection (1) designating the territory.

     (4)    Conduct may be specified in relation to a territory in an order under subsection

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(1) designating the territory only if it is conduct to which the relevant

Convention applies.

     (5)    The relevant Convention is the Convention referred to in subsection (1)(b)

which is specified in relation to the territory in the order under subsection (1)

designating it.

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Special extradition arrangements

 195   Special extradition arrangements

     (1)    This section applies if the Secretary of State believes that—

           (a)           arrangements have been made between the United Kingdom and

another territory for the extradition of a person to the territory, and

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           (b)           the territory is not a category 1 territory or a category 2 territory.

     (2)    The Secretary of State may certify that the conditions in paragraphs (a) and (b)

of subsection (1) are satisfied in relation to the extradition of the person.

     (3)    If the Secretary of State issues a certificate under subsection (2) this Act applies

in respect of the person’s extradition to the territory as if the territory were a

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category 2 territory.

     (4)    As applied by subsection (3), this Act has effect—

           (a)           as if sections 72(4), 74(5), 75(10)(b), 85(7) and 87(7) were omitted;

           (b)           with any other modifications specified in the certificate.

     (5)    A certificate under subsection (2) in relation to a person is conclusive evidence

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that the conditions in paragraphs (a) and (b) of subsection (1) are satisfied in

relation to the person’s extradition.

Human rights

 196   Human rights: appropriate tribunal

     (1)    The appropriate judge is the only appropriate tribunal in relation to

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proceedings under section 7(1)(a) of the Human Rights Act 1998 (c. 42)

(proceedings for acts incompatible with Convention rights) if the proceedings

relate to extradition under Part 1 or Part 2 of this Act.

     (2)    If the proceedings relate to extradition under Part 1, section 68 applies for

determining the appropriate judge.

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Part 5 — Miscellaneous and general

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     (3)    If the proceedings relate to extradition under Part 2, section 140 applies for

determining the appropriate judge.

Genocide etc

 197   Genocide, crimes against humanity and war crimes

     (1)    This section applies if—

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           (a)           a Part 1 warrant in respect of a person is issued in respect of an offence

mentioned in subsection (2), or

           (b)           a valid request for a person’s extradition is made in respect of an

offence mentioned in subsection (2).

     (2)    The offences are—

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           (a)           an offence that if committed in the United Kingdom would be

punishable as an offence under section 51 or 58 of the International

Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity and

war crimes);

           (b)           an offence that if committed in the United Kingdom would be

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punishable as an offence under section 52 or 59 of that Act (conduct

ancillary to genocide, etc. committed outside the jurisdiction);

           (c)           an offence that if committed in the United Kingdom would be

punishable as an ancillary offence, as defined in section 55 or 62 of that

Act, in relation to an offence falling within paragraph (a) or (b);

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           (d)           an offence that if committed in the United Kingdom would be

punishable as an offence under section 1 of the International Criminal

Court (Scotland) Act 2001 (asp 13) (genocide, crimes against humanity

and war crimes);

           (e)           an offence that if committed in the United Kingdom would be

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punishable as an offence under section 2 of that Act (conduct ancillary

to genocide etc. committed outside the jurisdiction);

           (f)           an offence that if committed in the United Kingdom would be

punishable as an ancillary offence, as defined in section 7 of that Act, in

relation to an offence falling within paragraph (d) or (e);

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           (g)           any offence punishable in the United Kingdom under section 1 of the

Geneva Conventions Act 1957 (c. 52) (grave breach of scheduled

conventions).

     (3)    It is not an objection to extradition under this Act that the person could not

have been punished for the offence under the law in force at the time when and

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in the place where he is alleged to have committed the act of which he is

accused or of which he has been convicted.

Custody and bail

 198   Custody

     (1)    If a judge remands a person in custody under this Act, the person must be

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committed to the institution to which he would have been committed if

charged with an offence before the judge.

     (2)    If a person in custody following his arrest under Part 1 or Part 2 escapes from

custody, he may be retaken in any part of the United Kingdom in the same way

 

 

Extradition Bill
Part 5 — Miscellaneous and general

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as he could have been if he had been in custody following his arrest or

apprehension under a relevant domestic warrant.

     (3)    A relevant domestic warrant is a warrant for his arrest or apprehension issued

in the part of the United Kingdom in question in respect of an offence

committed there.

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     (4)    Subsection (5) applies if—

           (a)           a person is in custody in one part of the United Kingdom (whether

under this Act or otherwise);

           (b)           he is required to be removed to another part of the United Kingdom

after being remanded in custody under this Act;

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           (c)           he is so removed by sea or air.

     (5)    The person must be treated as continuing in legal custody until he reaches the

place to which he is required to be removed.

     (6)    An order for a person’s extradition under this Act is sufficient authority for an

appropriate person—

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           (a)           to receive him;

           (b)           to keep him in custody until he is extradited under this Act;

           (c)           to convey him to the territory to which he is to be extradited under this

Act.

     (7)    An appropriate person is—

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           (a)           a person to whom the order is directed;

           (b)           a constable.

 199   Bail: England and Wales

     (1)    The Bail Act 1976 (c. 63) is amended as follows.

     (2)    In section 1(1) (meaning of “bail in criminal proceedings”) after paragraph (b)

25

insert—

                  “, or

                  (c)                    bail grantable in connection with extradition proceedings in

respect of an offence.”

     (3)    In section 2(2) (other definitions) omit the definition of “proceedings against a

30

fugitive offender” and in the appropriate places insert—

                    ““extradition proceedings” means proceedings under the Extradition Act

2003;”;

                    ““prosecutor”, in relation to extradition proceedings, means the person

acting on behalf of the territory to which extradition is sought;”.

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     (4)    In section 4 (general right to bail) in subsection (2) omit the words “or

proceedings against a fugitive offender for the offence”.

     (5)    In section 4 after subsection (2) insert—

           “(2A)              This section also applies to a person whose extradition is sought in

respect of an offence, when—

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                  (a)                 he appears or is brought before a court in the course of or in

connection with extradition proceedings in respect of the

offence, or

 

 

Extradition Bill
Part 5 — Miscellaneous and general

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                  (b)                 he applies to a court for bail or for a variation of the conditions

of bail in connection with the proceedings.

           (2B)              But subsection (2A) above does not apply if the person is alleged to be

unlawfully at large after conviction of the offence.”

     (6)    In section 5B (reconsideration of decisions granting bail) for subsection (1)

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substitute—

           “(A1)              This section applies in any of these cases—

                  (a)                 a magistrates’ court has granted bail in criminal proceedings in

connection with an offence to which this section applies or

proceedings for such an offence;

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                  (b)                 a constable has granted bail in criminal proceedings in

connection with proceedings for such an offence;

                  (c)                 a magistrates’ court or a constable has granted bail in

connection with extradition proceedings.

           (1)              The court or the appropriate court in relation to the constable may, on

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application by the prosecutor for the decision to be reconsidered—

                  (a)                 vary the conditions of bail,

                  (b)                 impose conditions in respect of bail which has been granted

unconditionally, or

                  (c)                 withhold bail.”

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     (7)    In section 7 (liability to arrest for absconding or breaking conditions of bail)

after subsection (1) insert—

           “(1A)              Subsection (1B) applies if—

                  (a)                 a person has been released on bail in connection with

extradition proceedings,

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                  (b)                 the person is under a duty to surrender into the custody of a

constable, and

                  (c)                 the person fails to surrender to custody at the time appointed

for him to do so.

           (1B)              A magistrates’ court may issue a warrant for the person’s arrest.”

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     (8)    In section 7(4) omit the words from “In reckoning” to “Sunday”.

     (9)    In section 7 after subsection (4) insert—

           “(4A)              A person who has been released on bail in connection with extradition

proceedings and is under a duty to surrender into the custody of a

constable may be arrested without warrant by a constable on any of the

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grounds set out in paragraphs (a) to (c) of subsection (3).

           (4B)              A person arrested in pursuance of subsection (4A) above shall be

brought as soon as practicable and in any event within 24 hours after

his arrest before a justice of the peace for the petty sessions area in

which he was arrested.”

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     (10)   In section 7(5) after “subsection (4)” insert “or (4B)”.

     (11)   In section 7 after subsection (6) insert—

           “(7)              In reckoning for the purposes of this section any period of 24 hours, no

account shall be taken of Christmas Day, Good Friday or any Sunday.”

 

 

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Part 5 — Miscellaneous and general

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     (12)   In Part 1 of Schedule 1 (defendants accused or convicted of imprisonable

offences) for paragraph 1 substitute—

        “1                The following provisions of this Part of this Schedule apply to the

defendant if—

                    (a)                   the offence or one of the offences of which he is accused or

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convicted in the proceedings is punishable with

imprisonment, or

                    (b)                   his extradition is sought in respect of an offence.”

     (13)   In Part 1 of Schedule 1 after paragraph 2A insert—

        “2B                The defendant need not be granted bail in connection with

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extradition proceedings if—

                    (a)                   the conduct constituting the offence would, if carried out by

the defendant in England and Wales, constitute an indictable

offence or an offence triable either way; and

                    (b)                   it appears to the court that the defendant was on bail on the

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date of the offence.”

     (14)   In Part 1 of Schedule 1 in paragraph 6 after “the offence” insert “or the

extradition proceedings”.

 200   Bail: Scotland

After section 24 of the Criminal Procedure (Scotland) Act 1995 (c. 46) (bail and

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bail conditions) insert—

       “24A            Bail: extradition proceedings

           (1)           In the application of the provisions of this Part by virtue of section 9(2)

or 78(2) of the Extradition Act 2003 (judge’s powers at extradition

hearing), those provisions apply with the modifications that—

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                  (a)                 references to the prosecutor are to be read as references to a

person acting on behalf of the territory to which extradition is

sought;

                  (b)                 the right of the Lord Advocate mentioned in section 24(2) of this

Act applies to a person subject to extradition proceedings as it

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applies to a person charged with any crime or offence;

                  (c)                 the following do not apply—

                        (i)                        paragraph (b) of section 24(3); and

                        (ii)                       subsection (3) of section 30; and

                  (d)                 sections 28(1) and 33 apply to a person subject to extradition

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proceedings as they apply to an accused.

           (2)           Section 32 of this Act applies in relation to a refusal of bail, the amount

of bail or a decision to allow bail or ordain appearance in proceedings

under this Part as the Part applies by virtue of the sections of that Act

of 2003 mentioned in subsection (1) above.

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           (3)           The Scottish Ministers may, by order, for the purposes of section 9(2) or

78(2) of the Extradition Act 2003 make such amendments to this Part as

they consider necessary or expedient.

 

 

 
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