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Extradition Bill


Extradition Bill
Part 5 — Miscellaneous and general

    123

 

           (c)           when the decision of the House of Lords on an appeal is made, if there

is such an appeal.

     (4)    The decision of the High Court on an appeal becomes final—

           (a)           when the period permitted for applying to the High Court for leave to

appeal to the House of Lords ends, if there is no such application;

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           (b)           when the period permitted for applying to the House of Lords for leave

to appeal to it ends, if the High Court refuses leave to appeal and there

is no application to the House of Lords for leave to appeal;

           (c)           when the House of Lords refuses leave to appeal to it;

           (d)           at the end of the permitted period, which is 28 days starting with the

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day on which leave to appeal to the House of Lords is granted, if no

such appeal is brought before the end of that period.

     (5)    These must be ignored for the purposes of subsections (3) and (4)—

           (a)           any power of a court to extend the period permitted for giving notice of

appeal or for applying for leave to appeal;

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           (b)           any power of a court to grant leave to take a step out of time.

     (6)    Subsections (3) to (5) do not apply to Scotland.

 215   Disposal of charge

     (1)    A charge against a person is disposed of—

           (a)           if the person is acquitted in respect of it, when he is acquitted;

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           (b)           if the person is convicted in respect of it, when there is no further

possibility of an appeal against the conviction.

     (2)    There is no further possibility of an appeal against a conviction—

           (a)           when the period permitted for giving notice of application for leave to

appeal to the Court of Appeal against the conviction ends, if the leave

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of the Court of Appeal is required and no such notice is given before the

end of that period;

           (b)           when the Court of Appeal refuses leave to appeal against the

conviction, if the leave of the Court of Appeal is required and notice of

application for leave is given before the end of that period;

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           (c)           when the period permitted for giving notice of appeal to the Court of

Appeal against the conviction ends, if notice is not given before the end

of that period;

           (d)           when the decision of the Court of Appeal on an appeal becomes final,

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

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           (e)           when the decision of the House of Lords on an appeal is made, if there

is such an appeal.

     (3)    The decision of the Court of Appeal on an appeal becomes final—

           (a)           when the period permitted for applying to the Court of Appeal for

leave to appeal to the House of Lords ends, if there is no such

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application;

           (b)           when the period permitted for applying to the House of Lords for leave

to appeal to it ends, if the Court of Appeal refuses leave to appeal and

there is no application to the House of Lords for leave to appeal;

           (c)           when the House of Lords refuses leave to appeal to it;

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Extradition Bill
Part 5 — Miscellaneous and general

    124

 

           (d)           at the end of the permitted period, which is 28 days starting with the

day on which leave to appeal to the House of Lords is granted, if no

such appeal is brought before the end of that period.

     (4)    These must be ignored for the purposes of subsections (2) and (3)—

           (a)           any power of a court to extend the period permitted for giving notice of

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appeal or of application for leave to appeal or for applying for leave to

appeal;

           (b)           any power of a court to grant leave to take a step out of time.

     (5)    Subsections (2) to (4) do not apply to Scotland.

 216   European framework list

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     (1)    The European framework list is the list of conduct set out in Schedule 2.

     (2)    The Secretary of State may by order amend Schedule 2 for the purpose of

ensuring that the list of conduct set out in the Schedule corresponds to the list

of conduct set out in article 2.2 of the European framework decision.

     (3)    The European framework decision is the framework decision of the Council of

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the European Union made on 13 June 2002 on the European arrest warrant and

the surrender procedures between member states (2002/584/JHA).

 217   Other interpretative provisions

     (1)    References to a category 1 territory must be read in accordance with section 1.

     (2)    References to a category 2 territory must be read in accordance with section 70.

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     (3)           References to the designated authority must be read in accordance with section

2(9).

     (4)    References to a Part 1 warrant must be read in accordance with section 2.

     (5)    References to a Part 3 warrant must be read in accordance with section 143.

     (6)    References to a valid request for a person’s extradition must be read in

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accordance with section 71.

     (7)           “Asylum claim” has the meaning given by section 113(1) of the Nationality,

Immigration and Asylum Act 2002 (c. 41).

     (8)    A customs officer is a person commissioned by the Commissioners of Customs

and Excise under section 6(3) of the Customs and Excise Management Act 1979

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(c. 2).

     (9)    “High Court” in relation to Scotland means the High Court of Justiciary.

     (10)   In relation to Scotland, references to an appeal being discontinued are to be

construed as references to its being abandoned.

     (11)   “Police officer” in relation to Northern Ireland has the same meaning as in the

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Police (Northern Ireland) Act 2000 (c. 32).

     (12)   A provisional warrant is a warrant issued under section 74(3).

     (13)   A service policeman is a member of the Royal Navy Regulating Branch, the

Royal Marines Police, the Royal Military Police or the Royal Air Force Police.

 

 

Extradition Bill
Part 5 — Miscellaneous and general

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     (14)   The Provost Marshal of the Royal Air Force and any officer appointed to

exercise the functions conferred on provost officers by the Air Force Act 1955

(3 & 4 Eliz. 2 c. 19) are to be taken to be members of the Royal Air Force Police

for the purposes of subsection (13).

     (15)   This section and sections 214 to 216 apply for the purposes of this Act.

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General

 218   Form of documents

The Secretary of State may by regulations prescribe the form of any document

required for the purposes of this Act.

 219   Existing legislation on extradition

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These Acts shall cease to have effect—

           (a)           the Backing of Warrants (Republic of Ireland) Act 1965 (c. 45);

           (b)           the Extradition Act 1989 (c. 33).

 220   Amendments

     (1)    Schedule 3 contains miscellaneous and consequential amendments.

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     (2)           The Secretary of State may by order make—

           (a)           any supplementary, incidental or consequential provision, and

           (b)           any transitory, transitional or saving provision,

            which he considers necessary or expedient for the purposes of, in consequence

of, or for giving full effect to any provision of this Act.

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     (3)           An order under subsection (2) may, in particular—

           (a)           provide for any provision of this Act which comes into force before

another such provision has come into force to have effect, until that

other provision has come into force, with such modifications as are

specified in the order, and

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           (b)           amend, repeal or revoke any enactment other than one contained in an

Act passed in a Session after that in which this Act is passed.

     (4)           The amendments that may be made under subsection (3)(b) are in addition to

those made by or under any other provision of this Act.

 221   Repeals

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Schedule 3 contains repeals.

 222   Commencement

The preceding provisions of this Act come into force in accordance with

provision made by the Secretary of State by order.

 223   Channel Islands and Isle of Man

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An Order in Council may provide for this Act to extend to any of the Channel

Islands or the Isle of Man with the modifications (if any) specified in the Order.

 

 

Extradition Bill
Part 5 — Miscellaneous and general

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 224   Orders and regulations

     (1)    References in this section to subordinate legislation are to—

           (a)           an order of the Secretary of State under this Act (other than an order

within subsection (2));

           (b)           an order of the Treasury under this Act;

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           (c)           regulations under this Act.

     (2)    The orders referred to in subsection (1)(a) are—

           (a)           an order for a person’s extradition or discharge;

           (b)           an order deferring proceedings on a warrant or request;

           (c)           an order deferring a person’s extradition in pursuance of a warrant or

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request.

     (3)    Subordinate legislation—

           (a)           may make different provision for different purposes;

           (b)           may include supplementary, incidental, saving or transitional

provisions.

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     (4)    A power to make subordinate legislation is exercisable by statutory

instrument.

     (5)    No order mentioned in subsection (6) may be made unless a draft of the order

has been laid before Parliament and approved by a resolution of each House.

     (6)    The orders are—

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           (a)           an order under any of these provisions—

                                  section 1(1);

                                  section 70(1);

                                  section 72(4);

                                  section 74(5);

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                                  section 75(10)(b);

                                  section 85(7);

                                  section 87(7);

                                  section 143(9);

                                  section 174(4);

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                                  section 216(2);

           (b)           an order under section 220(2) which contains any provision (whether

alone or with other provisions) amending or repealing any Act or

provision of an Act.

     (7)    A statutory instrument is subject to annulment in pursuance of a resolution of

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either House of Parliament if it contains subordinate legislation other than an

order mentioned in subsection (6) or an order under section 222.

     (8)           A territory may be designated by being named in an order made by the

Secretary of State under this Act or by falling within a description set out in

such an order.

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     (9)           An order made by the Secretary of State under section 1(1) or 70(1) may

provide that this Act has effect in relation to a territory designated by the order

with specified modifications.

 

 

 
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