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Extradition Bill


Extradition Bill
Part 2 — Extradition to category 2 territories

    74

 

 136   Costs where discharge ordered: supplementary

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

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

effect) apply in relation to section 135 as those subsections apply in relation to

Part 2 of that Act.

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     (2)    As so applied those subsections have effect as if an order under section 135(5)

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

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 135 as

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

Repatriation cases

 137   Persons serving sentences outside territory where convicted

     (1)    This section applies if—

           (a)           a request is made for a person’s extradition to a category 2 territory and

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the request contains the statement referred to in subsection (2), or

           (b)           a provisional warrant for a person’s arrest is sought on behalf of a

category 2 territory and the information laid before the justice contains

the statement referred to in subsection (2).

     (2)    The statement is one that the person—

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           (a)           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 request by a court in another

territory (the convicting territory), and

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

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for prisoners sentenced in one territory to be repatriated to another

territory in order to serve their sentence.

     (3)    If the category 2 territory is either the imprisoning territory or the convicting

territory—

           (a)           section 71(3) has effect as if the reference to the statement referred to in

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subsection (4) of that section were a reference to the statement referred

to in subsection (2) of this section;

           (b)           section 74(1) has effect as if the reference to a person within subsection

(2) of that section were a reference to the person referred to in

subsection (1)(b) of this section.

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     (4)    If the category 2 territory is the imprisoning territory—

           (a)           sections 72(2)(a), 74(3)(a) and 79(4)(b) have effect as if “an extradition

offence” read “an extradition offence in relation to the convicting

territory”;

           (b)           sections 75(7)(a) and 128(2) have effect as if “the category 2 territory in

40

which he is accused of the commission of an offence or is alleged to

have been convicted of an offence” read “the imprisoning territory”;

           (c)           section 75(10)(b) has effect as if “the category 2 territory” read “the

imprisoning territory”;

           (d)           section 79(2)(e) has effect as if “the category 2 territory” read “the

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convicting territory”;

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

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           (e)                         section 86(5) has effect as if after “entitled” there were inserted “in the

convicting territory”;

           (f)                         section 120(4) has effect as if “a category 2 territory” read “the

convicting territory” and as if “the category 2 territory” in both places

read “the convicting territory”;

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           (g)           section 139(1) has effect as if “a category 2 territory” read “the

convicting territory”;

           (h)                         in section 139, subsections (2), (3), (4), (5) and (7) have effect as if “the

category 2 territory” read “the convicting territory”.

     (5)    Subsection (1)(b) applies to Scotland with the substitution of “application by

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the procurator fiscal sets out the matters referred to in paragraphs (a) and (b)

of subsection (2)” for “information laid by the justice contains the statement

referred to in subsection (2)”.

     (6)    Subsection (1)(b) applies to Northern Ireland with the substitution of “the

complaint made to” for “the information laid before”.

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Interpretation

 138   Extradition offences: person not sentenced for offence

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

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

constituted by the conduct, or

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

category 2 territory of an offence constituted by the conduct and he has

not been sentenced for the offence.

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

territory if these conditions are satisfied—

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           (a)           the conduct occurs in the category 2 territory;

           (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;

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           (c)           the conduct is so punishable under the law of the category 2 territory

(however it is described in that law).

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

territory if these conditions are satisfied—

           (a)           the conduct occurs outside the category 2 territory;

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           (b)           the conduct is punishable under the law of the category 2 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)           in corresponding circumstances equivalent conduct would constitute

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

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United Kingdom punishable with imprisonment or another form of

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

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

territory if these conditions are satisfied—

           (a)           the conduct occurs outside the category 2 territory and no part of it

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occurs in the United Kingdom;

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

    76

 

           (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)           the conduct is so punishable under the law of the category 2 territory

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(however it is described in that law).

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

territory if these conditions are satisfied—

           (a)           the conduct occurs outside the category 2 territory and no part of it

occurs in the United Kingdom;

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           (b)           the conduct is punishable under the law of the category 2 territory with

imprisonment for a term of 12 months or another form of detention 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 (6).

15

     (6)    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);

20

           (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);

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           (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).

     (7)    If the conduct constitutes an offence under the military law of the category 2

30

territory but does not constitute an offence under the general criminal law of

the relevant part of the United Kingdom it does not constitute an extradition

offence; and subsections (1) to (6) have effect subject to this.

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

which—

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           (a)           the extradition hearing took place, if the question of whether conduct

constitutes an extradition offence is to be decided by the Secretary of

State;

           (b)           proceedings in which it is necessary to decide that question are taking

place, in any other case.

40

     (9)    Subsections (1) to (7) apply for the purposes of this Part.

 139   Extradition offences: person sentenced for offence

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

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

category 2 territory of an offence constituted by the conduct, and

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           (b)           he has been sentenced for the offence.

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

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

territory if these conditions are satisfied—

           (a)           the conduct occurs in the category 2 territory;

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

part of the United Kingdom punishable with imprisonment or another

5

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

4 months or a greater punishment has been imposed in the category 2

territory in respect of the conduct.

10

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

territory if these conditions are satisfied—

           (a)           the conduct occurs outside the category 2 territory;

           (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 2

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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

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

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

territory if these conditions are satisfied—

           (a)           the conduct occurs outside the category 2 territory and no part of it

occurs in the United Kingdom;

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

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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

4 months or a greater punishment has been imposed in the category 2

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territory in respect of the conduct.

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

territory if these conditions are satisfied—

           (a)           the conduct occurs outside the category 2 territory and no part of it

occurs in the United Kingdom;

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           (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 2

territory in respect of the conduct;

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

constitute an offence mentioned in subsection (6).

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     (6)    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);

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           (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);

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Extradition Bill
Part 2 — Extradition to category 2 territories

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           (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).

     (7)    If the conduct constitutes an offence under the military law of the category 2

5

territory but does not constitute an offence under the general criminal law of

the relevant part of the United Kingdom it does not constitute an extradition

offence; and subsections (1) to (6) have effect subject to this.

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

which—

10

           (a)           the extradition hearing took place, if the question of whether conduct

constitutes an extradition offence is to be decided by the Secretary of

State;

           (b)           proceedings in which it is necessary to decide that question are taking

place, in any other case.

15

     (9)    Subsections (1) to (7) apply for the purposes of this Part.

 140   The appropriate judge

     (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;

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

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

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.

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

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

 141   The extradition hearing

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

with a request for extradition to a category 2 territory.

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

 142   Scotland: references to Secretary of State

     (1)    This Part applies in relation to any function which falls under this Part to be

exercised in relation to Scotland only as if references in this Part to the

Secretary of State were to the Scottish Ministers.

35

     (2)    Subsection (1) does not apply to the references to the Secretary of State in

sections 84(3), 102(5) and 122.

 

 

Extradition Bill
Part 3 — Extradition to the United Kingdom

    79

 

Part 3

Extradition to the United Kingdom

Extradition from category 1 territories

 143   Issue of Part 3 warrant

     (1)    The appropriate judge may issue a Part 3 warrant in respect of a person if—

5

           (a)           a constable or an appropriate person applies to the judge for a Part 3

warrant, and

           (b)           the condition in subsection (2) is satisfied.

     (2)    The condition is that a domestic warrant has been issued in respect of the

person and there is reason to believe—

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           (a)           that the person has committed an extradition offence, or

           (b)           that the person is unlawfully at large after conviction of an extradition

offence by a court in the United Kingdom.

     (3)    A Part 3 warrant is an arrest warrant which contains—

           (a)           the statement referred to in subsection (4) or the statement referred to

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in subsection (5), and

           (b)           the certificate referred to in subsection (6).

     (4)    The statement is one that—

           (a)           the person in respect of whom the warrant is issued is accused in the

United Kingdom of the commission of an extradition offence specified

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in the warrant, and

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

United Kingdom for the purpose of being prosecuted for the offence.

     (5)    The statement is one that—

           (a)           the person in respect of whom the warrant is issued is alleged to be

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unlawfully at large after conviction of an extradition offence specified

in the warrant by a court in the United Kingdom, and

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

United Kingdom for the purpose of being sentenced for the offence or

of serving a sentence of imprisonment or another form of detention

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imposed in respect of the offence.

     (6)    The certificate is one certifying—

           (a)           whether the conduct constituting the extradition offence specified in

the warrant falls within the European framework list;

           (b)           whether the offence is an extra-territorial offence;

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           (c)           what is the maximum punishment that may be imposed on conviction

of the offence or (if the person has been sentenced for the offence) what

sentence has been imposed.

     (7)    The conduct which falls within the European framework list must be taken for

the purposes of subsection (6)(a) to include conduct which constitutes—

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           (a)           an attempt, conspiracy or incitement to carry out conduct falling within

the list, or

           (b)           aiding, abetting, counselling or procuring the carrying out of conduct

falling within the list.

 

 

Extradition Bill
Part 3 — Extradition to the United Kingdom

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     (8)    A domestic warrant is a warrant for the arrest or apprehension of a person

which is issued under any of these—

           (a)           section 72 of the Criminal Justice Act 1967 (c. 80);

           (b)           section 7 of the Bail Act 1976 (c. 63);

           (c)           section 51 of the Judicature (Northern Ireland) Act 1978 (c. 23);

5

           (d)           section 1 of the Magistrates’ Courts Act 1980 (c. 43);

           (e)           Article 20 or 25 of the Magistrates’ Courts (Northern Ireland) Order

1981 (S.I. 1981/ 1675 (N.I. 26));

           (f)           the Criminal Procedure (Scotland) Act 1995 (c. 46).

     (9)    An appropriate person is a person of a description specified in an order made

10

by the Secretary of State for the purposes of this section.

     (10)   Subsection (1)(a) applies to Scotland with the substitution of “a procurator

fiscal” for “a constable or an appropriate person”.

 144   Undertaking in relation to person serving sentence

     (1)    This section applies if—

15

           (a)           a Part 3 warrant is issued in respect of a person;

           (b)           the person is serving a sentence of imprisonment or another form of

detention in a category 1 territory;

           (c)           the person’s extradition to the United Kingdom from the category 1

territory in pursuance of the warrant is made subject to a condition that

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an undertaking is given on behalf of the United Kingdom with regard

to his treatment in the United Kingdom or his return to the category 1

territory (or both).

     (2)    The Secretary of State may give an undertaking to a person acting on behalf of

the category 1 territory with regard to either or both of these things—

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           (a)           the treatment in the United Kingdom of the person in respect of whom

the warrant is issued;

           (b)           the return of that person to the category 1 territory.

     (3)    The terms which may be included by the Secretary of State in an undertaking

given under subsection (2) in relation to a person accused in the United

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Kingdom of the commission of an offence include terms—

           (a)           that the person be kept in custody until the conclusion of the

proceedings against him for the offence and any other offence in

respect of which he is permitted to be dealt with in the United

Kingdom;

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           (b)           that the person be returned to the category 1 territory to serve the

remainder of his sentence on the conclusion of those proceedings.

     (4)    The terms which may be included by the Secretary of State in an undertaking

given under subsection (2) in relation to a person alleged to be unlawfully at

large after conviction of an offence by a court in the United Kingdom include

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terms that the person be returned to the category 1 territory to serve the

remainder of his sentence after serving any sentence imposed on him in the

United Kingdom.

     (5)    If the Part 3 warrant was issued by a sheriff, the preceding provisions of this

section apply as if the references to the Secretary of State were to the Scottish

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Ministers.

 

 

 
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