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Extradition Bill


Extradition Bill
Part 3 — Extradition to the United Kingdom

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 145   Return to extraditing territory to serve sentence

     (1)    This section applies if—

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

           (b)           the warrant states that it is issued with a view to his extradition to the

United Kingdom for the purpose of being prosecuted for an offence;

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           (c)           he is extradited to the United Kingdom from a category 1 territory in

pursuance of the warrant;

           (d)           he is extradited on the condition that, if he is convicted of the offence

and a sentence of imprisonment or another form of detention is

imposed in respect of it, he must be returned to the category 1 territory

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to serve the sentence;

           (e)           he is convicted of the offence and a sentence of imprisonment or

another form of detention is imposed in respect of it.

     (2)    The person must be returned to the category 1 territory to serve the sentence as

soon as is reasonably practicable after the sentence is imposed.

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     (3)    If subsection (2) is complied with the punishment for the offence must be

treated as remitted but the person’s conviction for the offence must be treated

as a conviction for all other purposes.

     (4)    If subsection (2) is not complied with and the person applies to the appropriate

judge to be discharged the judge must order his discharge, unless reasonable

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cause is shown for the delay.

 146   Service of sentence in territory executing Part 3 warrant

     (1)    This section applies if—

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

           (b)           the certificate contained in the warrant certifies that a sentence has been

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imposed;

           (c)           an undertaking is given on behalf of a category 1 territory that the

person will be required to serve the sentence in the territory;

           (d)           on the basis of the undertaking the person is not extradited to the

United Kingdom from the category 1 territory.

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     (2)    The punishment for the offence must be treated as remitted but the person’s

conviction for the offence must be treated as a conviction for all other purposes.

 147   Dealing with person for other offences

     (1)    This section applies if a person is extradited to the United Kingdom from a

category 1 territory in pursuance of a Part 3 warrant.

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     (2)    The person may be dealt with in the United Kingdom for an offence committed

before his extradition only if—

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

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

     (3)    The offences are—

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

           (b)           an offence disclosed by the information provided to the category 1

territory in respect of that offence;

 

 

Extradition Bill
Part 3 — Extradition to the United Kingdom

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           (c)           an extradition offence in respect of which consent to the person being

dealt with is given on behalf of the territory;

           (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 has been given an opportunity to leave the

United Kingdom and—

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           (a)           he has not done so before the end of the permitted period, or

           (b)           he has done so before the end of the permitted period and has returned

to the United Kingdom.

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

arrives in the United Kingdom.

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 148   Effect of consent to extradition to the United Kingdom

     (1)    This section applies if—

           (a)           a person is extradited to the United Kingdom from a category 1

territory in pursuance of a Part 3 warrant;

           (b)           the person consented to his extradition to the United Kingdom in

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accordance with the law of the category 1 territory.

     (2)    Section 147(2) does not apply if the conditions in subsection (3) or the

conditions in subsection (4) are satisfied.

     (3)    The conditions are that—

           (a)           under the law of the category 1 territory, the effect of the person’s

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consent is to waive his right under section 147(2);

           (b)           the person has not revoked his consent in accordance with that law, if

he is permitted to do so under that law.

     (4)    The conditions are that—

           (a)           under the law of the category 1 territory, the effect of the person’s

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consent is not to waive his right under section 147(2);

           (b)           the person has expressly waived his right under section 147(2) in

accordance with that law;

           (c)           the person has not revoked his consent in accordance with that law, if

he is permitted to do so under that law;

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           (d)           the person has not revoked the waiver of his right under section 147(2)

in accordance with that law, if he is permitted to do so under that law.

 149   Extradition offences

     (1)    Conduct constitutes an extradition offence in relation to the United Kingdom

if these conditions are satisfied—

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           (a)           the conduct occurs in the United Kingdom;

           (b)           the conduct is punishable under the law of the relevant part of the

United Kingdom with imprisonment or another form of detention for a

term of 12 months or a greater punishment.

 

 

Extradition Bill
Part 3 — Extradition to the United Kingdom

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     (2)    Conduct also constitutes an extradition offence in relation to the United

Kingdom if these conditions are satisfied—

           (a)           the conduct occurs outside the United Kingdom;

           (b)           the conduct constitutes an extra-territorial offence punishable under

the law of the relevant part of the United Kingdom with imprisonment

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

punishment.

     (3)    But subsections (1) and (2) do not apply in relation to conduct of a person if—

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

United Kingdom of the offence constituted by the conduct, and

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           (b)           he has been sentenced for the offence.

     (4)    Conduct also constitutes an extradition offence in relation to the United

Kingdom if these conditions are satisfied—

           (a)           the conduct occurs in the United Kingdom;

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

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4 months or a greater punishment has been imposed in the United

Kingdom in respect of the conduct.

     (5)    Conduct also constitutes an extradition offence in relation to the United

Kingdom if these conditions are satisfied—

           (a)           the conduct occurs outside the United Kingdom;

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           (b)           the conduct constitutes an extra-territorial offence;

           (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 United

Kingdom in respect of the conduct.

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

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which the relevant proceedings are taking place.

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

whether conduct constitutes an extradition offence.

     (8)    Subsections (1) to (5) apply for the purposes of sections 143 to 148.

 150   The appropriate judge

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     (1)    The appropriate judge is—

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

of the peace or a judge entitled to exercise the jurisdiction of the Crown

Court;

           (b)           in Scotland, a sheriff;

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           (c)           in Northern Ireland, a justice of the peace, a resident magistrate or a

Crown Court judge.

     (2)    This section applies for the purposes of sections 143 to 148.

Extradition from category 2 territories

 151   Dealing with person for other offences: Commonwealth countries etc.

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     (1)    This section applies if—

 

 

Extradition Bill
Part 3 — Extradition to the United Kingdom

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           (a)           a person is extradited to the United Kingdom from a category 2

territory under law of the territory corresponding to Part 2 of this Act,

and

           (b)           the territory is a Commonwealth country, a British overseas territory or

the Hong Kong Special Administrative Region of the People’s Republic

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of China.

     (2)    The person may be dealt with in the United Kingdom for an offence committed

before his extradition only if—

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

           (b)           the condition in subsection (6) is satisfied.

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     (3)    The offences are—

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

           (b)           a lesser offence disclosed by the information provided to the category 2

territory in respect of that offence;

           (c)           an offence in respect of which consent to the person being dealt with is

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given by or on behalf of the relevant authority.

     (4)    An offence is a lesser offence in relation to another offence if the maximum

punishment for it is less severe than the maximum punishment for the other

offence.

     (5)    The relevant authority is—

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           (a)           if the person has been extradited from a Commonwealth country, the

government of the country;

           (b)           if the person has been extradited from a British overseas territory, the

person administering the territory;

           (c)           if the person has been extradited from the Hong Kong Special

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Administrative Region of the People’s Republic of China, the

government of the Region.

     (6)    The condition is that the protected period has ended.

     (7)    The protected period is 45 days starting with the first day after his extradition

to the United Kingdom on which the person is given an opportunity to leave

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the United Kingdom.

     (8)    A person is dealt with in the United Kingdom for an offence if—

           (a)           he is tried there for it;

           (b)           he is detained with a view to trial there for it.

 152   Dealing with person for other offences: other category 2 territories

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     (1)    This section applies if—

           (a)           a person is extradited to the United Kingdom from a category 2

territory under law of the territory corresponding to Part 2 of this Act,

and

           (b)           the territory is not one falling within section 151(1)(b).

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     (2)    The person may be dealt with in the United Kingdom for an offence committed

before his extradition only if—

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

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

 

 

Extradition Bill
Part 3 — Extradition to the United Kingdom

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     (3)    The offences are—

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

           (b)           an offence disclosed by the information provided to the category 2

territory in respect of that offence;

           (c)           an offence in respect of which consent to the person being dealt with is

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given on behalf of the territory.

     (4)    The condition is that—

           (a)           the person has returned to the territory from which he was extradited,

or

           (b)           the person has been given an opportunity to leave the United Kingdom.

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     (5)    A person is dealt with in the United Kingdom for an offence if—

           (a)           he is tried there for it;

           (b)           he is detained with a view to trial there for it.

General

 153   Remission of punishment for other offences

15

     (1)    This section applies if—

           (a)           a person is extradited to the United Kingdom from—

                  (i)                 a category 1 territory under law of the territory corresponding

to Part 1 of this Act, or

                  (ii)                a category 2 territory under law of the territory corresponding

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to Part 2 of this Act;

           (b)           before his extradition he has been convicted of an offence in the United

Kingdom;

           (c)           he has not been extradited in respect of that offence.

     (2)    The punishment for the offence must be treated as remitted but the person’s

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conviction for the offence must be treated as a conviction for all other purposes.

 154   Return of person acquitted or not tried

     (1)    This section applies if—

           (a)           a person is accused in the United Kingdom of the commission of an

offence;

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           (b)           the person is extradited to the United Kingdom in respect of the offence

from—

                  (i)                 a category 1 territory under law of the territory corresponding

to Part 1 of this Act, or

                  (ii)                a category 2 territory under law of the territory corresponding

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to Part 2 of this Act;

           (c)           the condition in subsection (2) or the condition in subsection (3) is

satisfied.

     (2)    The condition is that—

           (a)           proceedings against the person for the offence are not begun before the

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end of the required period, which is 6 months starting with the day on

which the person arrives in the United Kingdom on his extradition, and

 

 

Extradition Bill
Part 3 — Extradition to the United Kingdom

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           (b)           before the end of the period of 3 months starting immediately after the

end of the required period the person asks the Secretary of State to

return him to the territory from which he was extradited.

     (3)    The condition is that—

           (a)           at his trial for the offence the person is acquitted or is discharged under

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any of the provisions specified in subsection (4), and

           (b)           before the end of the period of 3 months starting immediately after the

date of his acquittal or discharge the person asks the Secretary of State

to return him to the territory from which he was extradited.

     (4)    The provisions are—

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           (a)           section 12(1) of the Powers of Criminal Courts (Sentencing) Act 2000

(c. 6);

           (b)           section 246(1), (2) or (3) of the Criminal Procedure (Scotland) Act 1995

(c. 46);

           (c)           Article 4(1) of the Criminal Justice (Northern Ireland) Order 1996 (S.I.

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1996/3160 (N.I. 24)).

     (5)    The Secretary of State must arrange for him to be sent back, free of charge and

with as little delay as possible, to the territory from which he was extradited to

the United Kingdom in respect of the offence.

     (6)    If the accusation in subsection (1)(a) relates to the commission of an offence in

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Scotland, subsection (2)(b), (3)(b) and (5) apply as if the reference to the

Secretary of State were a reference to the Scottish Ministers.

 155   Restriction on bail where undertaking given by Secretary of State

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

           (a)           the Secretary of State has given an undertaking in connection with the

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person’s extradition to the United Kingdom, and

           (b)           the undertaking includes terms that the person be kept in custody until

the conclusion of any proceedings against him in the United Kingdom

for an offence.

     (2)    A court, judge or justice of the peace may grant bail to the person in the

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proceedings only if the court, judge or justice of the peace considers that there

are exceptional circumstances which justify it.

 156   Service personnel

The Secretary of State may by order provide for the preceding provisions of

this Part to have effect with specified modifications in relation to a case where

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the person whose extradition is sought or ordered is subject to military law, air-

force law or the Naval Discipline Act 1957 (c. 53).

 

 

Extradition Bill
Part 4 — Police powers

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Part 4

Police powers

Warrants and orders

 157   Search and seizure warrants

     (1)    A justice of the peace may, on an application made to him by a constable, issue

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a search and seizure warrant if he is satisfied that the requirements for the issue

of a search and seizure warrant are fulfilled.

     (2)    The application for a search and seizure warrant must state that—

           (a)           the extradition of a person specified in the application is sought under

Part 1 or Part 2;

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           (b)           the warrant is sought in relation to premises specified in the

application;

           (c)           the warrant is sought in relation to material, or material of a

description, specified in the application;

           (d)                         that material, or material of that description, is believed to be on the

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premises.

     (3)    If the application states that the extradition of the person is sought under Part

1, the application must also state that the person is accused in a category 1

territory specified in the application of the commission of an offence—

           (a)           which is specified in the application, and

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           (b)           which is an extradition offence within the meaning given by section 65.

     (4)    If the application states that the extradition of the person is sought under Part

2, the application must also state that the person is accused in a category 2

territory specified in the application of the commission of an offence—

           (a)           which is specified in the application, and

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           (b)           which is an extradition offence within the meaning given by section

138.

     (5)    A search and seizure warrant is a warrant authorising a constable—

           (a)           to enter and search the premises specified in the application for the

warrant, and

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           (b)           to seize and retain any material found there which falls within

subsection (6).

     (6)    Material falls within this subsection if—

           (a)           it would be likely to be admissible evidence at a trial in the relevant part

of the United Kingdom for the offence specified in the application for

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the warrant (on the assumption that conduct constituting that offence

would constitute an offence in that part of the United Kingdom), and

           (b)           it does not consist of or include items subject to legal privilege,

excluded material or special procedure material.

     (7)    The relevant part of the United Kingdom is the part of the United Kingdom

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where the justice of the peace exercises jurisdiction.

     (8)    The requirements for the issue of a search and seizure warrant are that there

are reasonable grounds for believing that—

 

 

 
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