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Extradition Bill


Extradition Bill
Part 1 — Extradition to category 1 territories

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purpose of prosecuting or punishing him on account of his race,

religion, nationality, gender, sexual orientation or political opinions, or

           (b)           if extradited he might be prejudiced at his trial or punished, detained

or restricted in his personal liberty by reason of his race, religion,

nationality, gender, sexual orientation or political opinions.

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 14    Passage of time

A person’s extradition to a category 1 territory is barred by reason of the

passage of time if (and only if) it appears that it would be unjust or oppressive

to extradite him by reason of the passage of time since he is alleged to have

committed the extradition offence or since he is alleged to have become

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unlawfully at large (as the case may be).

 15    Age

A person’s extradition to a category 1 territory is barred by reason of his age if

(and only if) it would be conclusively presumed because of his age that he

could not be guilty of the extradition offence on the assumption—

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           (a)           that the conduct constituting the extradition offence constituted an

offence in the part of the United Kingdom where the judge exercises

jurisdiction;

           (b)           that the person carried out the conduct when the extradition offence

was committed (or alleged to be committed);

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           (c)           that the person carried out the conduct in the part of the United

Kingdom where the judge exercises jurisdiction.

 16    Hostage-taking considerations

     (1)    A person’s extradition to a category 1 territory is barred by reason of hostage-

taking considerations if (and only if) the territory is a party to the Hostage-

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taking Convention and it appears that—

           (a)           if extradited he might be prejudiced at his trial because communication

between him and the appropriate authorities would not be possible,

and

           (b)           the act or omission constituting the extradition offence also constitutes

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an offence under section 1 of the Taking of Hostages Act 1982 (c. 28) or

an attempt to commit such an offence.

     (2)    The appropriate authorities are the authorities of the territory which are

entitled to exercise rights of protection in relation to him.

     (3)    A certificate issued by the Secretary of State that a territory is a party to the

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Hostage-taking Convention is conclusive evidence of that fact for the purposes

of subsection (1).

     (4)    The Hostage-taking Convention is the International Convention against the

Taking of Hostages opened for signature at New York on 18 December 1979.

 17    Speciality

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     (1)    A person’s extradition to a category 1 territory is barred by reason of speciality

if (and only if) there are no speciality arrangements with the category 1

territory.

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

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     (2)    There are speciality arrangements with a category 1 territory if, under the law

of that territory or arrangements made between it and the United Kingdom, a

person who is extradited to the territory from the United Kingdom may be

dealt with in the territory for an offence committed before his extradition only

if—

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           (a)           the offence is one falling within subsection (3), or

           (b)           the condition in subsection (4) is satisfied.

     (3)    The offences are—

           (a)           the offence in respect of which the person is extradited;

           (b)           an extradition offence disclosed by the same facts as that offence;

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           (c)           an extradition offence in respect of which the appropriate judge gives

his consent under section 56 to the person being dealt with;

           (d)           an offence which is not punishable with imprisonment or another form

of detention;

           (e)           an offence in respect of which the person will not be detained in

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connection with his trial, sentence or appeal;

           (f)           an offence in respect of which the person waives the right that he would

have (but for this paragraph) not to be dealt with for the offence.

     (4)    The condition is that the person is given an opportunity to leave the category 1

territory and—

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           (a)           he does not do so before the end of the permitted period, or

           (b)           if he does so before the end of the permitted period, he returns there.

     (5)    The permitted period is 45 days starting with the day on which the person

arrives in the category 1 territory.

     (6)    Arrangements made with a category 1 territory which is a Commonwealth

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country or a British overseas territory may be made for a particular case or

more generally.

     (7)    A certificate issued by or under the authority of the Secretary of State

confirming the existence of arrangements with a category 1 territory which is

a Commonwealth country or a British overseas territory and stating the terms

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of the arrangements is conclusive evidence of those matters.

 18    Earlier extradition to United Kingdom from category 1 territory

A person’s extradition to a category 1 territory is barred by reason of his earlier

extradition to the United Kingdom from another category 1 territory if (and

only if)—

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           (a)           the person was extradited to the United Kingdom from another

category 1 territory (the extraditing territory);

           (b)           under arrangements between the United Kingdom and the extraditing

territory, that territory’s consent is required to the person’s extradition

from the United Kingdom to the category 1 territory in respect of the

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extradition offence under consideration;

           (c)           that consent has not been given on behalf of the extraditing territory.

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

    10

 

 19    Earlier extradition to United Kingdom from non-category 1 territory

A person’s extradition to a category 1 territory is barred by reason of his earlier

extradition to the United Kingdom from a non-category 1 territory if (and only

if)—

           (a)           the person was extradited to the United Kingdom from a territory that

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is not a category 1 territory (the extraditing territory);

           (b)           under arrangements between the United Kingdom and the extraditing

territory, that territory’s consent is required to the person’s being dealt

with in the United Kingdom in respect of the extradition offence under

consideration;

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           (c)           consent has not been given on behalf of the extraditing territory to the

person’s extradition from the United Kingdom to the category 1

territory in respect of the extradition offence under consideration.

 20    Case where person has been convicted

     (1)    If the judge is required to proceed under this section (by virtue of section 11)

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he must decide whether the person was convicted in his presence.

     (2)    If the judge decides the question in subsection (1) in the affirmative he must

proceed under section 21.

     (3)           If the judge decides that question in the negative he must decide whether the

person deliberately absented himself from his trial.

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     (4)           If the judge decides the question in subsection (3) in the affirmative he must

proceed under section 21.

     (5)           If the judge decides that question in the negative he must decide whether the

person would be entitled to a retrial or (on appeal) to a review amounting to a

retrial.

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     (6)    If the judge decides the question in subsection (5) in the affirmative he must

proceed under section 21.

     (7)    If the judge decides that question in the negative he must order the person’s

discharge.

     (8)    For the purposes of subsection (5), the judge should not regard as a retrial or

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(on appeal) a review amounting to a retrial, any proceedings that do not in

particular include provision for—

           (a)           the suspect to be present at the retrial;

           (b)           the suspect to have like rights to hear and examine witnesses as he

would have done at the original trial;

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           (c)           the suspect to have the same right to publicly funded legal services as

any suspect or defendant.

 21    Human rights

     (1)    If the judge is required to proceed under this section (by virtue of section 11 or

20) he must decide whether the person’s extradition would be compatible with

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the Convention rights within the meaning of the Human Rights Act 1998

(c. 42).

     (2)    If the judge decides the question in subsection (1) in the negative he must order

the person’s discharge.

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

    11

 

     (3)    If the judge decides that question in the affirmative he must order the person

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

     (4)    If the judge makes an order under subsection (3) he must remand the person in

custody or on bail to wait for his extradition to the category 1 territory.

     (5)    If the judge remands the person in custody he may later grant bail.

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 22    Minimum procedural rights

     (1)    In reaching a decision under section 21(1) the judge shall have particular

regard to the person’s Convention rights under Article 6.3 of the European

Convention on Human Rights.

     (2)    For the purposes of subsection (1), the judge may accept a written assurance

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from an appropriate authority in the category 1 territory in which the warrant

was issued that the person’s Convention rights under Article 6.3 will be

observed.

     (3)    Where a written assurance has been given under subsection (2), the Secretary

of State shall make arrangements to monitor the subsequent conduct of the

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proceedings against the person in the territory to which he has been extradited.

     (4)    If the Secretary of State believes as a result of monitoring under subsection (3)

that a person’s Convention rights under Article 6.3 have not been observed, he

may draw that conclusion to the attention of a judge acting under section 21 in

relation to any proceedings for the extradition of any other person to the same

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category 1 territory.

Matters arising before end of extradition hearing

 23    Person charged with offence in United Kingdom

     (1)    This section applies if at any time in the extradition hearing the judge is

informed that the person in respect of whom the Part 1 warrant is issued is

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charged with an offence in the United Kingdom.

     (2)    The judge must adjourn the extradition hearing until one of these occurs—

           (a)           the charge is disposed of;

           (b)           the charge is withdrawn;

           (c)           proceedings in respect of the charge are discontinued;

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           (d)           an order is made for the charge to lie on the file, or in relation to

Scotland, the diet is deserted pro loco et tempore.

     (3)    If a sentence of imprisonment or another form of detention is imposed in

respect of the offence charged, the judge may adjourn the extradition hearing

until the sentence has been served.

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     (4)    If before he adjourns the extradition hearing under subsection (2) the judge has

decided under section 11 whether the person’s extradition is barred by reason

of the rule against double jeopardy, the judge must decide that question again

after the resumption of the hearing.

 

 

 
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Revised 31 October 2003