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Extradition Bill


Extradition Bill
Part 1 — Extradition to category 1 territories

    33

 

           (a)           the appropriate judge, if the order for the person’s discharge is made

by him;

           (b)           the High Court, if the order for the person’s discharge is made by it;

           (c)           the House of Lords, if the order for the person’s discharge is made by it.

     (3)    In a case falling within subsection (1)(b), the appropriate judge may make an

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order under subsection (5) in favour of the person.

     (4)    In a case falling within subsection (1)(c), (d) or (e), the court by which the

application or appeal is dismissed may make an order under subsection (5) in

favour of the person.

     (5)    An order under this subsection in favour of a person is an order for a payment

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of the appropriate amount to be made to the person out of money provided by

Parliament.

     (6)    The appropriate amount is such amount as the judge or court making the order

under subsection (5) considers reasonably sufficient to compensate the person

in whose favour the order is made for any expenses properly incurred by him

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in the proceedings under this Part.

     (7)    But if the judge or court making an order under subsection (5) is of the opinion

that there are circumstances which make it inappropriate that the person in

whose favour the order is made should recover the full amount mentioned in

subsection (6), the judge or court must—

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           (a)           assess what amount would in his or its opinion be just and reasonable;

           (b)           specify that amount in the order as the appropriate amount.

     (8)    Unless subsection (7) applies, the appropriate amount—

           (a)           must be specified in the order, if the court considers it appropriate for

it to be so specified and the person in whose favour the order is made

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agrees the amount;

           (b)           must be determined in accordance with regulations made by the Lord

Chancellor for the purposes of this section, in any other case.

 63    Costs where discharge ordered: supplementary

     (1)    In England and Wales, subsections (1) and (3) of section 20 of the Prosecution

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of Offences Act 1985 (c. 23) (regulations for carrying Part 2 of that Act into

effect) apply in relation to section 62 as those subsections apply in relation to

Part 2 of that Act.

     (2)    As so applied those subsections have effect as if an order under section 62(5)

were an order under Part 2 of that Act for a payment to be made out of central

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funds.

     (3)    In Northern Ireland, section 7 of the Costs in Criminal Cases Act (Northern

Ireland) 1968 (c.10) (rules relating to costs) applies in relation to section 62 as

that section applies in relation to sections 2 to 5 of that Act.

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

    34

 

Repatriation cases

 64    Persons serving sentences outside territory where convicted

     (1)    This section applies if an arrest warrant is issued in respect of a person by an

authority of a category 1 territory and the warrant contains the statement

referred to in subsection (2).

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     (2)    The statement is one that—

           (a)           the person is alleged to be unlawfully at large from a prison in one

territory (the imprisoning territory) in which he was serving a sentence

after conviction of an offence specified in the warrant by a court in

another territory (the convicting territory), and

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           (b)           the person was serving the sentence in pursuance of international

arrangements for prisoners sentenced in one territory to be repatriated

to another territory in order to serve their sentence, and

           (c)           the warrant is issued with a view to his arrest and extradition to the

category 1 territory for the purpose of serving a sentence or another

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form of detention imposed in respect of the offence.

     (3)    If the category 1 territory is either the imprisoning territory or the convicting

territory, section 2(2)(b) has effect as if the reference to the statement referred

to in subsection (5) of that section were a reference to the statement referred to

in subsection (2) of this section.

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     (4)    If the category 1 territory is the imprisoning territory—

           (a)           section 2(6)(e) has effect as if “the category 1 territory” read “the

convicting territory”;

           (b)           section 10(2) has effect as if “an extradition offence” read “an

extradition offence in relation to the convicting territory”;

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           (c)           section 20(5) has effect as if after “entitled” there were inserted “in the

convicting territory”;

           (d)           section 38(5) has effect as if “a category 1 territory” read “the convicting

territory” and as if “the category 1 territory” in both places read “the

convicting territory”;

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           (e)           section 53(4) has effect as if “a category 1 territory” read “the convicting

territory” and as if “the category 1 territory” in both places read “the

convicting territory”;

           (f)           section 66(1) has effect as if “a category 1 territory” read “the convicting

territory”;

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           (g)           section 66(2) has effect as if “the category 1 territory” in the opening

words and paragraphs (a) and (c) read “the convicting territory” and as

if “the category 1 territory” in paragraph (b) read “the imprisoning

territory”;

           (h)           in section 66, subsections (3), (4), (5), (6) and (8) have effect as if “the

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category 1 territory” in each place read “the convicting territory”.

Interpretation

 65    Extradition offences: person not sentenced for offence

     (1)    This section applies in relation to conduct of a person if—

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

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           (a)           he is accused in a category 1 territory of the commission of an offence

constituted by the conduct, or

           (b)           he is alleged to be unlawfully at large after conviction by a court in a

category 1 territory of an offence constituted by the conduct and he has

not been sentenced for the offence.

5

     (2)    The conduct constitutes an extradition offence in relation to the category 1

territory if these conditions are satisfied—

           (a)           the conduct occurs in the category 1 territory and no part of it occurs in

the United Kingdom;

           (b)           a certificate issued by an appropriate authority of the category 1

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territory shows that the conduct falls within the European framework

list;

           (c)           the certificate shows that the conduct is punishable under the law of the

category 1 territory with imprisonment or another form of detention for

a term of 3 years or a greater punishment.

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     (3)    The conduct also constitutes an extradition offence in relation to the category 1

territory if these conditions are satisfied—

           (a)           the conduct occurs in the category 1 territory;

           (b)           the conduct would constitute an offence under the law of the relevant

part of the United Kingdom if it occurred in that part of the United

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Kingdom;

           (c)           the conduct is punishable under the law of the category 1 territory with

imprisonment or another form of detention for a term of 12 months or

a greater punishment (however it is described in that law).

     (4)    The conduct also constitutes an extradition offence in relation to the category 1

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territory if these conditions are satisfied—

           (a)           the conduct occurs outside the category 1 territory;

           (b)           the conduct is punishable under the law of the category 1 territory with

imprisonment or another form of detention for a term of 12 months or

a greater punishment (however it is described in that law);

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           (c)           in corresponding circumstances equivalent conduct would constitute

an extra-territorial offence under the law of the relevant part of the

United Kingdom punishable with imprisonment or another form of

detention for a term of 12 months or a greater punishment.

     (5)    The conduct also constitutes an extradition offence in relation to the category 1

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territory if these conditions are satisfied—

           (a)           the conduct occurs outside the category 1 territory and no part of it

occurs in the United Kingdom;

           (b)           the conduct would constitute an offence under the law of the relevant

part of the United Kingdom punishable with imprisonment or another

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form of detention for a term of 12 months or a greater punishment if it

occurred in that part of the United Kingdom;

           (c)           the conduct is so punishable under the law of the category 1 territory

(however it is described in that law).

     (6)    The conduct also constitutes an extradition offence in relation to the category 1

45

territory if these conditions are satisfied—

           (a)           the conduct occurs outside the category 1 territory and no part of it

occurs in the United Kingdom;

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

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           (b)           the conduct is punishable under the law of the category 1 territory with

imprisonment or another form of detention for a term of 12 months or

a greater punishment (however it is described in that law);

           (c)           the conduct constitutes or if committed in the United Kingdom would

constitute an offence mentioned in subsection (7).

5

     (7)    The offences are—

           (a)           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 under section 52 or 59 of that Act (conduct ancillary to

genocide etc. committed outside the jurisdiction);

10

           (c)           an ancillary offence, as defined in section 55 or 62 of that Act, in relation

to an offence falling within paragraph (a) or (b);

           (d)           an offence under section 1 of the International Criminal Court

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

war crimes);

15

           (e)           an offence under section 2 of that Act (conduct ancillary to genocide etc.

committed outside the jurisdiction);

           (f)           an ancillary offence, as defined in section 7 of that Act, in relation to an

offence falling within paragraph (d) or (e).

     (8)    For the purposes of subsections (3)(b), (4)(c) and (5)(b)—

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           (a)           if the conduct relates to a tax or duty, it is immaterial that the law of the

relevant part of the United Kingdom does not impose the same kind of

tax or duty or does not contain rules of the same kind as those of the law

of the category 1 territory;

           (b)           if the conduct relates to customs or exchange, it is immaterial that the

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law of the relevant part of the United Kingdom does not contain rules

of the same kind as those of the law of the category 1 territory.

     (9)    This section applies for the purposes of this Part.

 66    Extradition offences: person sentenced for offence

     (1)    This section applies in relation to conduct of a person if—

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           (a)           he is alleged to be unlawfully at large after conviction by a court in a

category 1 territory of an offence constituted by the conduct, and

           (b)           he has been sentenced for the offence.

     (2)    The conduct constitutes an extradition offence in relation to the category 1

territory if these conditions are satisfied—

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           (a)           the conduct occurs in the category 1 territory and no part of it occurs in

the United Kingdom;

           (b)           a certificate issued by an appropriate authority of the category 1

territory shows that the conduct falls within the European framework

list;

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           (c)           the certificate shows that a sentence of imprisonment or another form

of detention for a term of 12 months or a greater punishment has been

imposed in the category 1 territory in respect of the conduct.

     (3)    The conduct also constitutes an extradition offence in relation to the category 1

territory if these conditions are satisfied—

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           (a)           the conduct occurs in the category 1 territory;

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

    37

 

           (b)           the conduct would constitute an offence under the law of the relevant

part of the United Kingdom if it occurred in that part of the United

Kingdom;

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

4 months or a greater punishment has been imposed in the category 1

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territory in respect of the conduct.

     (4)    The conduct also constitutes an extradition offence in relation to the category 1

territory if these conditions are satisfied—

           (a)           the conduct occurs outside the category 1 territory;

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

10

4 months or a greater punishment has been imposed in the category 1

territory in respect of the conduct;

           (c)           in corresponding circumstances equivalent conduct would constitute

an extra-territorial offence under the law of the relevant part of the

United Kingdom punishable with imprisonment or another form of

15

detention for a term of 12 months or a greater punishment.

     (5)    The conduct also constitutes an extradition offence in relation to the category 1

territory if these conditions are satisfied—

           (a)           the conduct occurs outside the category 1 territory and no part of it

occurs in the United Kingdom;

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           (b)           the conduct would constitute an offence under the law of the relevant

part of the United Kingdom punishable with imprisonment or another

form of detention for a term of 12 months or a greater punishment if it

occurred in that part of the United Kingdom;

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

25

4 months or a greater punishment has been imposed in the category 1

territory in respect of the conduct.

     (6)    The conduct also constitutes an extradition offence in relation to the category 1

territory if these conditions are satisfied—

           (a)           the conduct occurs outside the category 1 territory and no part of it

30

occurs in the United Kingdom;

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

4 months or a greater punishment has been imposed in the category 1

territory in respect of the conduct;

           (c)           the conduct constitutes or if committed in the United Kingdom would

35

constitute an offence mentioned in subsection (7).

     (7)    The offences are—

           (a)           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 under section 52 or 59 of that Act (conduct ancillary to

40

genocide etc. committed outside the jurisdiction);

           (c)           an ancillary offence, as defined in section 55 or 62 of that Act, in relation

to an offence falling within paragraph (a) or (b);

           (d)           an offence under section 1 of the International Criminal Court

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

45

war crimes);

           (e)           an offence under section 2 of that Act (conduct ancillary to genocide etc.

committed outside the jurisdiction);

           (f)           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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Extradition Bill
Part 1 — Extradition to category 1 territories

    38

 

     (8)    For the purposes of subsections (3)(b), (4)(c) and (5)(b)—

           (a)           if the conduct relates to a tax or duty, it is immaterial that the law of the

relevant part of the United Kingdom does not impose the same kind of

tax or duty or does not contain rules of the same kind as those of the law

of the category 1 territory;

5

           (b)           if the conduct relates to customs or exchange, it is immaterial that the

law of the relevant part of the United Kingdom does not contain rules

of the same kind as those of the law of the category 1 territory.

     (9)    This section applies for the purposes of this Part.

 67    Extradition offences: supplementary

10

     (1)    Subsections (2) to (4) apply for the purposes of sections 65 and 66.

     (2)    An appropriate authority of a category 1 territory is a judicial authority of the

territory which the appropriate judge believes has the function of issuing arrest

warrants in that territory.

     (3)    The law of a territory is the general criminal law of the territory.

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     (4)    The relevant part of the United Kingdom is the part of the United Kingdom in

which the relevant proceedings are taking place.

     (5)    The relevant proceedings are the proceedings in which it is necessary to decide

whether conduct constitutes an extradition offence.

 68    The appropriate judge

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     (1)    The appropriate judge is—

           (a)           in England and Wales, a District Judge (Magistrates’ Courts)

designated for the purposes of this Part by the Lord Chancellor;

           (b)           in Scotland, the sheriff of Lothian and Borders;

           (c)           in Northern Ireland, such county court judge or resident magistrate as

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is designated for the purposes of this Part by the Lord Chancellor.

     (2)    A designation under subsection (1) may be made for all cases or for such cases

(or cases of such description) as the designation stipulates.

     (3)    More than one designation may be made under subsection (1).

     (4)    This section applies for the purposes of this Part.

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 69    The extradition hearing

     (1)    The extradition hearing is the hearing at which the appropriate judge is to

decide whether a person in respect of whom a Part 1 warrant was issued is to

be extradited to the category 1 territory in which it was issued.

     (2)    This section applies for the purposes of this Part.

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Extradition Bill
Part 2 — Extradition to category 2 territories

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Part 2

Extradition to category 2 territories

Introduction

 70    Extradition to category 2 territories

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

5

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

State.

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

for the purposes of this Part.

 71    Extradition request and certificate

10

     (1)    The Secretary of State must issue a certificate under this section if he receives a

valid request for the extradition to a category 2 territory of a person who is in

the United Kingdom.

     (2)    But subsection (1) does not apply if the Secretary of State decides under section

127 that the request is not to be proceeded with.

15

     (3)    A request for a person’s extradition is valid if—

           (a)           it contains the statement referred to in subsection (4), and

           (b)           it is made in the approved way.

     (4)    The statement is one that the person—

           (a)           is accused in the category 2 territory of the commission of an offence

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specified in the request, or

           (b)           is alleged to be unlawfully at large after conviction by a court in the

category 2 territory of an offence specified in the request.

     (5)    A request for extradition to a category 2 territory which is a British overseas

territory is made in the approved way if it is made by or on behalf of the person

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administering the territory.

     (6)    A request for extradition to a category 2 territory which is the Hong Kong

Special Administrative Region of the People’s Republic of China is made in the

approved way if it is made by or on behalf of the government of the Region.

     (7)    A request for extradition to any other category 2 territory is made in the

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approved way if it is made—

           (a)           by an authority of the territory which the Secretary of State believes has

the function of making requests for extradition in that territory, or

           (b)           by a person recognised by the Secretary of State as a diplomatic or

consular representative of the territory.

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     (8)    A certificate under this section must certify that the request is made in the

approved way.

     (9)    If a certificate is issued under this section the Secretary of State must send these

documents to the appropriate judge—

           (a)           the request;

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           (b)           the certificate;

 

 

 
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