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Extradition Bill


Extradition Bill
Part 5 — Miscellaneous and general

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           (4)           The order making power in subsection (3) above shall be exercisable by

statutory instrument subject to annulment in pursuance of a resolution

of the Scottish Parliament.”

 201   Appeal against grant of bail

     (1)    Section 1 of the Bail (Amendment) Act 1993 (c. 26) (prosecution right of appeal

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against grant of bail) is amended as follows.

     (2)    After subsection (1) insert—

           “(1A)              Where a magistrates’ court grants bail to a person in connection with

extradition proceedings, the prosecution may appeal to a judge of the

Crown Court against the granting of bail.”

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     (3)    In subsection (3) for “Such an appeal” substitute “An appeal under subsection

(1) or (1A)”.

     (4)    In subsection (4)—

           (a)           after subsection (1) insert “or (1A)”;

           (b)           for “magistrates’ court” substitute “court which has granted bail”;

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           (c)           omit “such”.

     (5)    In subsection (5) for “magistrates’ court” substitute “court which has granted

bail”.

     (6)    In subsection (6) for “magistrates’ court” substitute “court which has granted

bail”.

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     (7)    In subsection (8)—

           (a)           after “subsection (1)” insert “or (1A)”;

           (b)           omit “magistrates’”.

     (8)    In subsection (10)(b) for “reference in subsection (5) above to remand in

custody is” substitute “references in subsections (6) and (9) above to remand in

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custody are”.

     (9)    After subsection (11) insert—

           “(12)              In this section—

                                  “extradition proceedings” means proceedings under the

Extradition Act 2003;

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                                  “magistrates’ court” and “court” in relation to extradition

proceedings means a District Judge (Magistrates’ Courts)

designated for the purposes of Part 1 or Part 2 of the Extradition

Act 2003 by the Lord Chancellor;

                                  “prosecution” in relation to extradition proceedings means the

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person acting on behalf of the territory to which extradition is

sought.”

 202   Remand to local authority accommodation

     (1)    Section 23 of the Children and Young Persons Act 1969 (c. 54) (remand to local

authority accommodation) is amended as set out in subsections (2) to (11).

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     (2)    In subsection (1) after “following provisions of this section” insert “(except

subsection (1A))”.

 

 

Extradition Bill
Part 5 — Miscellaneous and general

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     (3)    After subsection (1) insert—

           “(1A)              Where a court remands a child or young person in connection with

extradition proceedings and he is not released on bail the remand shall

be to local authority accommodation.”

     (4)    In subsection (4) after “subsections (5)” insert “, (5ZA)”.

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     (5)    In subsection (5) after “security requirement” insert “in relation to a person

remanded in accordance with subsection (1) above”.

     (6)    After subsection (5) insert—

           “(5ZA)              A court shall not impose a security requirement in relation to a person

remanded in accordance with subsection (1A) above unless—

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                  (a)                 he has attained the age of twelve and is of a prescribed

description;

                  (b)                 one or both of the conditions set out in subsection (5ZB) below

is satisfied; and

                  (c)                 the condition set out in subsection (5AA) below is satisfied.

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           (5ZB)              The conditions mentioned in subsection (5ZA)(b) above are—

                  (a)                 that the conduct constituting the offence to which the

extradition proceedings relate would if committed in the

United Kingdom constitute an offence punishable in the case of

an adult with imprisonment for a term of fourteen years or

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more;

                  (b)                 that the person has previously absconded from the extradition

proceedings or from proceedings in the United Kingdom or the

requesting territory which relate to the conduct constituting the

offence to which the extradition proceedings relate.

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           (5ZC)              For the purposes of subsection (5ZB) above a person has absconded

from proceedings if in relation to those proceedings—

                  (a)                 he has been released subject to a requirement to surrender to

custody at a particular time and he has failed to surrender to

custody at that time, or

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                  (b)                 he has surrendered into the custody of a court and he has at any

time absented himself from the court without its leave.”

     (7)    In subsection (5AA) for “subsection (5)” substitute “subsections (5) and (5ZA)”.

     (8)    In subsection (12) for the definition of “relevant court” substitute—

                    ““relevant court”—

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                  (a)                 in relation to a person remanded to local authority

accommodation under subsection (1) above, means the court

by which he was so remanded, or any magistrates’ court

having jurisdiction in the place where he is for the time being;

                  (b)                 in relation to a person remanded to local authority

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accommodation under subsection (1A) above, means the

court by which he was so remanded.”

     (9)    In subsection (12) in the appropriate places insert—

                    ““extradition proceedings” means proceedings under the Extradition Act

2003;”;

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Extradition Bill
Part 5 — Miscellaneous and general

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                    ““requesting territory” means the territory to which a person’s extradition

is sought in extradition proceedings;”.

     (10)   In section 98(1) of the Crime and Disorder Act 1998 (c. 37) (modifications of

section 23 of the Children and Young Persons Act 1969 (c. 54) in relation to 15

and 16 year old boys) after paragraph (b) insert “; and

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                  (c)                    is not remanded in connection with proceedings under the

Extradition Act 2003.”

Evidence

 203   Receivable documents

     (1)    A Part 1 warrant may be received in evidence in proceedings under this Act.

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     (2)    Any other document issued in a category 1 territory may be received in

evidence in proceedings under this Act if it is duly authenticated.

     (3)    A document issued in a category 2 territory may be received in evidence in

proceedings under this Act if it is duly authenticated.

     (4)    A document issued in a category 1 or category 2 territory is duly authenticated

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if (and only if) one of these applies—

           (a)           it purports to be signed by a judge, magistrate or other judicial

authority of the territory;

           (b)           it purports to be authenticated by the oath or affirmation of a witness.

     (5)    Subsections (2) and (3) do not prevent a document that is not duly

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authenticated from being received in evidence in proceedings under this Act.

 204   Documents sent by facsimile

     (1)           This section applies if a document to be sent in connection with proceedings

under this Act is sent by facsimile transmission.

     (2)           This Act has effect as if the document received by facsimile transmission were

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the document used to make the transmission.

 205   Part 1 warrant: transmission by other electronic means

     (1)    This section applies if a Part 1 warrant is issued and the information contained

in the warrant —

           (a)           is transmitted to the designated authority by electronic means (other

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than by facsimile transmission), and

           (b)           is received by the designated authority in a form in which it is

intelligible and which is capable of being used for subsequent

reference.

     (2)    This Act has effect as if the information received by the designated authority

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were the Part 1 warrant.

     (3)    A copy of the information received by the designated authority may be

received in evidence as if it were the Part 1 warrant.

 

 

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 206   Written statements and admissions

     (1)    The provisions mentioned in subsection (2) apply in relation to proceedings

under this Act as they apply in relation to proceedings for an offence.

     (2)    The provisions are—

           (a)           section 9 of the Criminal Justice Act 1967 (c. 80) (proof by written

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statement in criminal proceedings);

           (b)           section 10 of the Criminal Justice Act 1967 (proof by formal admission

in criminal proceedings);

           (c)           section 1 of the Criminal Justice (Miscellaneous Provisions) Act

(Northern Ireland) 1968 (c. 28) (proof by written statement in criminal

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proceedings);

           (d)           section 2 of the Criminal Justice (Miscellaneous Provisions) Act

(Northern Ireland) 1968 (proof by formal admission in criminal

proceedings).

     (3)    As applied by subsection (1) in relation to proceedings under this Act, section

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10 of the Criminal Justice Act 1967 and section 2 of the Criminal Justice

(Miscellaneous Provisions) Act (Northern Ireland) 1968 have effect as if—

           (a)           references to the defendant were to the person whose extradition is

sought (or who has been extradited);

           (b)           references to the prosecutor were to the category 1 or category 2

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territory concerned;

           (c)           references to the trial were to the proceedings under this Act for the

purposes of which the admission is made;

           (d)           references to subsequent criminal proceedings were to subsequent

proceedings under this Act.

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 207   Burden and standard of proof

     (1)    This section applies if, in proceedings under this Act, a question arises as to

burden or standard of proof.

     (2)    The question must be decided by applying any enactment or rule of law that

would apply if the proceedings were proceedings for an offence.

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     (3)    Any enactment or rule of law applied under subsection (2) to proceedings

under this Act must be applied as if—

           (a)           the person whose extradition is sought (or who has been extradited)

were accused of an offence;

           (b)           the category 1 or category 2 territory concerned were the prosecution.

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     (4)    Subsections (2) and (3) are subject to any express provision of this Act.

     (5)    In this section “enactment” includes an enactment comprised in, or in an

instrument made under, an Act of the Scottish Parliament.

Other miscellaneous provisions

 208   Extradition for more than one offence

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The Secretary of State may by order provide for this Act to have effect with

specified modifications in relation to a case where—

           (a)           a Part 1 warrant is issued in respect of more than one offence;

 

 

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Part 5 — Miscellaneous and general

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           (b)           a request for extradition is made in respect of more than one offence.

 209   National security

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

subsections (2) to (4) are satisfied in relation to a person.

     (2)    The first condition is that the person’s extradition is sought or will be sought

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under Part 1 or Part 2 in respect of an offence.

     (3)    The second condition is that—

           (a)           in engaging in the conduct constituting (or alleged to constitute) the

offence the person was acting for the purpose of assisting in the exercise

of a function conferred or imposed by or under an enactment, or

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           (b)           as a result of an authorisation given by the Secretary of State the person

is not liable under the criminal law of any part of the United Kingdom

for the conduct constituting (or alleged to constitute) the offence.

     (4)    The third condition is that the person’s extradition in respect of the offence

would be against the interests of national security.

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     (5)    The Secretary of State may certify that the conditions in subsections (2) to (4)

are satisfied in relation to the person.

     (6)    If the Secretary of State issues a certificate under subsection (5) he may—

           (a)           direct that a Part 1 warrant issued in respect of the person and in respect

of the offence is not to be proceeded with, or

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           (b)           direct that a request for the person’s extradition in respect of the offence

is not to be proceeded with.

     (7)    If the Secretary of State issues a certificate under subsection (5) he may order

the person’s discharge (instead of or in addition to giving a direction under

subsection (6)).

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     (8)    These rules apply if the Secretary of State gives a direction under subsection

(6)(a) in respect of a warrant—

           (a)           if the designated authority has not issued a certificate under section 2

in respect of the warrant it must not do so;

           (b)           if the person is arrested under the warrant or under section 5 there is no

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requirement for him to be brought before the appropriate judge and he

must be discharged;

           (c)           if the person is brought before the appropriate judge under section 4 or

6 the judge is no longer required to proceed or continue proceeding

under sections 7 and 8;

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           (d)           if the extradition hearing has begun the judge is no longer required to

proceed or continue proceeding under sections 10 to 26;

           (e)           if the person has consented to his extradition, the judge is no longer

required to order his extradition;

           (f)           if an appeal to the High Court or House of Lords has been brought, the

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court is no longer required to hear or continue hearing the appeal;

           (g)           if the person’s extradition has been ordered there is no requirement for

him to be extradited.

     (9)    These rules apply if the Secretary of State gives a direction under subsection

(6)(b) in respect of a request—

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Extradition Bill
Part 5 — Miscellaneous and general

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           (a)           if he has not issued a certificate under section 71 in respect of the

request he is no longer required to do so;

           (b)           if the person is arrested under a warrant issued under section 72 or

under a provisional warrant there is no requirement for him to appear

or be brought before the appropriate judge and he must be discharged;

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           (c)           if the person appears or is brought before the appropriate judge the

judge is no longer required to proceed or continue proceeding under

sections 73, 75, 76 and 77;

           (d)           if the extradition hearing has begun the judge is no longer required to

proceed or continue proceeding under sections 79 to 92;

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           (e)           if the person has given his consent to his extradition to the appropriate

judge, the judge is no longer required to send the case to the Secretary

of State for his decision whether the person is to be extradited;

           (f)           if an appeal to the High Court or House of Lords has been brought, the

court is no longer required to hear or continue hearing the appeal;

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           (g)           if the person’s extradition has been ordered there is no requirement for

him to be extradited.

     (10)   These must be made under the hand of the Secretary of State—

           (a)           a certificate under subsection (5);

           (b)           a direction under subsection (6);

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           (c)           an order under subsection (7).

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

modifications—

           (a)           in subsection (9)(a) for “he has” substitute “the Scottish Ministers have”

and for “he is” substitute “they are”;

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           (b)           in subsection (9)(e) for “Secretary of State for his” substitute “Scottish

Ministers for their”.

     (12)   In subsection (3) the reference to an enactment includes an enactment

comprised in, or in an instrument made under, an Act of the Scottish

Parliament.

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 210   Reasonable force

A person may use reasonable force, if necessary, in the exercise of a power

conferred by this Act.

 211   Rules of court

     (1)    Rules of court may make provision as to the practice and procedure to be

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followed in connection with proceedings under this Act.

     (2)    In Scotland any rules of court under this Act are to be made by Act of

Adjournal.

 212   Service of notices

Service of a notice on a person under section 55, 57, 59, 130, 131 or 132 may be

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effected in any of these ways—

           (a)           by delivering the notice to the person;

           (b)           by leaving it for him with another person at his last known or usual

place of abode;

 

 

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           (c)           by sending it by post in a letter addressed to him at his last known or

usual place of abode.

 213   Article 95 alerts: transitional provision

     (1)    This section applies in a case where an article 95 alert is issued before 1 January

2004 by an authority of a category 1 territory.

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     (2)    In such a case, this Act applies as if—

           (a)           the alert were a Part 1 warrant issued by the authority;

           (b)           any information sent with the alert relating to the case were included in

the warrant.

     (3)    As applied by subsection (2), this Act has effect with these modifications—

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           (a)           in sections 2(7) and (8), 29(1), 31(1) and (4)(d), 33(2)(b), 34(6)(b), 36(4)(b),

37(3)(b), 48(3)(b) and 50(3)(b), for “authority which issued the Part 1

warrant” substitute “authority at the request of which the alert was

issued”;

           (b)           omit section 5;

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           (c)           in sections 34(4)(b), 43(2)(a), 44(2)(a) and (4) and 62(1)(d) and (e), for

“authority which issued the warrant” substitute “authority at the

request of which the alert was issued”;

           (d)           in section 67(2), for the words from “believes” to the end substitute

“believes is the authority at the request of which the alert was issued”.

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     (4)    An article 95 alert is an alert issued pursuant to article 95 of the Convention

implementing the Schengen agreement of 14th June 1985.

Interpretation

 214   Disposal of Part 1 warrant and extradition request

     (1)    A Part 1 warrant issued in respect of a person is disposed of—

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           (a)           when an order is made for the person’s discharge in respect of the

warrant and there is no further possibility of an appeal;

           (b)           when the person is taken to be discharged in respect of the warrant;

           (c)           when an order is made for the person’s extradition in pursuance of the

warrant and there is no further possibility of an appeal.

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     (2)    A request for a person’s extradition is disposed of—

           (a)           when an order is made for the person’s discharge in respect of the

request and there is no further possibility of an appeal;

           (b)           when the person is taken to be discharged in respect of the request;

           (c)           when an order is made for the person’s extradition in pursuance of the

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request and there is no further possibility of an appeal.

     (3)    There is no further possibility of an appeal against an order for a person’s

discharge or extradition—

           (a)           when the period permitted for giving notice of an appeal to the High

Court ends, if notice is not given before the end of that period;

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           (b)           when the decision of the High Court on an appeal becomes final, if

there is no appeal to the House of Lords against that decision;

 

 

 
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