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Extradition Bill


Extradition Bill
Part 4 — Police powers

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           (a)           the offence specified in the application has been committed by the

person so specified;

           (b)           the person is in the United Kingdom or is on his way to the United

Kingdom;

           (c)           the offence is an extradition offence within the meaning given by

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section 65 (if subsection (3) applies) or section 138 (if subsection (4)

applies);

           (d)           there is material on premises specified in the application which falls

within subsection (6);

           (e)           any of the conditions referred to in subsection (9) is satisfied.

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     (9)    The conditions are—

           (a)           that it is not practicable to communicate with a person entitled to grant

entry to the premises;

           (b)           that it is practicable to communicate with a person entitled to grant

entry to the premises but it is not practicable to communicate with a

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person entitled to grant access to the material referred to in subsection

(8)(d);

           (c)           that entry to the premises will not be granted unless a warrant is

produced;

           (d)           that the purpose of a search may be frustrated or seriously prejudiced

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unless a constable arriving at the premises can secure immediate entry

to them.

     (10)   The preceding provisions of this section apply to Scotland with these

modifications—

           (a)           in subsections (1) and (7) for “justice of the peace” substitute “sheriff”;

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           (b)           in subsection (1) for “constable” substitute “procurator fiscal”;

           (c)           for “search and seizure warrant” substitute “warrant to search”;

           (d)           in subsection (6)(b) omit the words “, excluded material or special

procedure material”;

           (e)                         subsections (8)(e) and (9) are omitted.

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 158   Production orders

     (1)    A judge may, on an application made to him by a constable, make a production

order if he is satisfied that the requirements for the making of a production

order are fulfilled.

     (2)    The application for a production order must state that—

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

Part 1 or Part 2;

           (b)           the order is sought in relation to premises specified in the application;

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

specified in the application;

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           (d)           the material is special procedure material or excluded material;

           (e)           a person specified in the application appears to be in possession or

control of the material.

     (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

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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 production order is an order either—

           (a)           requiring the person the application for the order specifies as appearing

to be in possession or control of special procedure material or excluded

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material to produce it to a constable (within the period stated in the

order) for him to take away, or

           (b)           requiring that person to give a constable access to the special procedure

material or excluded material within the period stated in the order.

     (6)    The period stated in a production order must be a period of 7 days starting

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with the day on which the order is made, unless it appears to the judge by

whom the order is made that a longer period would be appropriate.

     (7)    Production orders have effect as if they were orders of the court.

     (8)    In this section “judge”—

           (a)           in England and Wales, means a circuit judge;

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           (b)           in Northern Ireland, means a Crown Court judge.

 159   Requirements for making of production order

     (1)    These are the requirements for the making of a production order.

     (2)    There must be reasonable grounds for believing that—

           (a)           the offence specified in the application has been committed by the

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person so specified;

           (b)           the person is in the United Kingdom or is on his way to the United

Kingdom;

           (c)           the offence is an extradition offence within the meaning given by

section 65 (if section 158(3) applies) or section 138 (if section 158(4)

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applies);

           (d)           there is material which consists of or includes special procedure

material or excluded material on premises specified in the application;

           (e)           the material would be likely to be admissible evidence at a trial in the

relevant part of the United Kingdom for the offence specified in the

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application (on the assumption that conduct constituting that offence

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

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

where the judge exercises jurisdiction.

     (4)    It must appear that other methods of obtaining the material—

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           (a)           have been tried without success, or

           (b)           have not been tried because they were bound to fail.

     (5)    It must be in the public interest that the material should be produced or that

access to it should be given.

 

 

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 160   Computer information

     (1)    This section applies if any of the special procedure material or excluded

material specified in an application for a production order consists of

information stored in any electronic form.

     (2)    If the order is an order requiring a person to produce the material to a constable

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for him to take away, it has effect as an order to produce the material in a

form—

           (a)           in which it can be taken away by him;

           (b)           in which it is visible and legible or from which it can readily be

produced in a visible and legible form.

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     (3)    If the order is an order requiring a person to give a constable access to the

material, it has effect as an order to give him access to the material in a form—

           (a)           in which it is visible and legible, or

           (b)           from which it can readily be produced in a visible and legible form.

 161   Warrants: special procedure material and excluded material

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     (1)    A judge may, on an application made to him by a constable, issue a warrant

under this section if he is satisfied that—

           (a)           the requirements for the making of a production order are fulfilled, and

           (b)           the further requirement for the issue of a warrant under this section is

fulfilled.

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     (2)    The application for a warrant under this section must state that—

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

Part 1 or Part 2;

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

application;

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

description, specified in the application;

           (d)           the material is special procedure material or excluded material.

     (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

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

           (a)           which is specified in the application, and

           (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

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

           (a)           which is specified in the application, and

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

138.

     (5)    A warrant under this section authorises a constable to enter and search the

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premises specified in the application for the warrant and—

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

subsection (6) and which is special procedure material, if the

application for the warrant states that the warrant is sought in relation

to special procedure material;

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

subsection (6) and which is excluded material, if the application for the

warrant states that the warrant is sought in relation to excluded

material.

     (6)    Material falls within this subsection if it would be likely to be admissible

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evidence at a trial in the relevant part of the United Kingdom for the offence

specified in the application for the warrant (on the assumption that conduct

constituting that offence would constitute an offence in that part of the United

Kingdom).

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

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where the judge exercises jurisdiction.

     (8)    The further requirement for the issue of a warrant under this section is that any

of these conditions is satisfied—

           (a)           it is not practicable to communicate with a person entitled to grant

entry to the premises;

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           (b)           it is practicable to communicate with a person entitled to grant entry to

the premises but it is not practicable to communicate with a person

entitled to grant access to the material referred to in section 159(2)(d);

           (c)           the material contains information which is subject to a restriction on

disclosure or an obligation of secrecy contained in an enactment

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(including one passed after this Act) and is likely to be disclosed in

breach of the restriction or obligation if a warrant is not issued.

     (9)    In this section “judge”—

           (a)           in England and Wales, means a circuit judge;

           (b)           in Northern Ireland, means a Crown Court judge.

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Search and seizure without warrant

 162   Entry and search of premises for purposes of arrest

     (1)    This section applies if a constable has power to arrest a person under an

extradition arrest power.

     (2)    A constable may enter and search any premises for the purpose of exercising

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the power of arrest if he has reasonable grounds for believing that the person

is on the premises.

     (3)    The power to search conferred by subsection (2) is exercisable only to the extent

that is reasonably required for the purpose of exercising the power of arrest.

     (4)    A constable who has entered premises in exercise of the power conferred by

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subsection (2) may seize and retain anything which is on the premises if he has

reasonable grounds for believing—

           (a)           that it has been obtained in consequence of the commission of an

offence or it is evidence in relation to an offence, and

           (b)           that it is necessary to seize it in order to prevent it being concealed, lost,

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damaged, altered or destroyed.

     (5)    An offence includes an offence committed outside the United Kingdom.

     (6)    If the premises contain 2 or more separate dwellings, the power conferred by

subsection (2) is a power to enter and search only—

 

 

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           (a)           any parts of the premises which the occupiers of any dwelling

comprised in the premises use in common with the occupiers of any

other dwelling comprised in the premises, and

           (b)           any dwelling comprised in the premises in which the constable has

reasonable grounds for believing that the person may be.

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 163   Entry and search of premises on arrest

     (1)    This section applies if a person has been arrested under an extradition arrest

power at a place other than a police station.

     (2)    A constable may enter and search any premises in which the person was at the

time of his arrest or immediately before his arrest if he has reasonable grounds

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for believing—

           (a)                         if the person has not been convicted of the relevant offence, that there

is on the premises evidence (other than items subject to legal privilege)

relating to the relevant offence;

           (b)                         in any case, that there is on the premises evidence (other than items

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subject to legal privilege) relating to the identity of the person.

     (3)    The relevant offence is the offence—

           (a)           referred to in the Part 1 warrant, if the arrest was under a Part 1

warrant;

           (b)           in respect of which the constable has reason to believe that a Part 1

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warrant has been or will be issued, if the arrest was under section 5;

           (c)           in respect of which extradition is requested, if the arrest was under a

warrant issued under section 72;

           (d)           of which the person is accused, if the arrest was under a provisional

warrant.

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     (4)    The power to search conferred by subsection (2)—

           (a)           if the person has not been convicted of the relevant offence, is a power

to search for evidence (other than items subject to legal privilege)

relating to the relevant offence;

           (b)           in any case, is a power to search for evidence (other than items subject

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to legal privilege) relating to the identity of the person.

     (5)           The power to search conferred by subsection (2) is exercisable only to the extent

that it is reasonably required for the purpose of discovering evidence in respect

of which the power is available by virtue of subsection (4).

     (6)    A constable may seize and retain anything for which he may search by virtue

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of subsections (4) and (5).

     (7)    A constable who has entered premises in exercise of the power conferred by

subsection (2) may seize and retain anything which is on the premises if he has

reasonable grounds for believing—

           (a)           that it has been obtained in consequence of the commission of an

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offence or it is evidence in relation to an offence, and

           (b)           that it is necessary to seize it in order to prevent it being concealed, lost,

damaged, altered or destroyed.

     (8)    An offence includes an offence committed outside the United Kingdom.

     (9)    If the premises contain 2 or more separate dwellings, the power conferred by

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subsection (2) is a power to enter and search only—

 

 

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           (a)           any dwelling in which the arrest took place or in which the person was

immediately before his arrest, and

           (b)           any parts of the premises which the occupier of any such dwelling uses

in common with the occupiers of any other dwelling comprised in the

premises.

5

 164   Search of person on arrest

     (1)    This section applies if a person has been arrested under an extradition arrest

power at a place other than a police station.

     (2)    A constable may search the person if he has reasonable grounds for believing

that the person may present a danger to himself or others.

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     (3)    A constable may search the person if he has reasonable grounds for believing

that the person may have concealed on him anything—

           (a)           which he might use to assist him to escape from lawful custody;

           (b)           which might be evidence relating to an offence or to the identity of the

person.

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     (4)    The power to search conferred by subsection (3)—

           (a)           is a power to search for anything falling within paragraph (a) or (b) of

that subsection;

           (b)           is exercisable only to the extent that is reasonably required for the

purpose of discovering such a thing.

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     (5)    The powers conferred by subsections (2) and (3)—

           (a)           do not authorise a constable to require a person to remove any of his

clothing in public, other than an outer coat, jacket or gloves;

           (b)           authorise a search of a person’s mouth.

     (6)    A constable searching a person in exercise of the power conferred by

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subsection (2) may seize and retain anything he finds, if he has reasonable

grounds for believing that the person searched might use it to cause physical

injury to himself or to any other person.

     (7)    A constable searching a person in exercise of the power conferred by

subsection (3) may seize and retain anything he finds if he has reasonable

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grounds for believing—

           (a)           that the person might use it to assist him to escape from lawful custody;

           (b)           that it is evidence of an offence or of the identity of the person or has

been obtained in consequence of the commission of an offence.

     (8)    An offence includes an offence committed outside the United Kingdom.

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     (9)    Nothing in this section affects the power conferred by section 43 of the

Terrorism Act 2000 (c. 11).

 165   Entry and search of premises after arrest

     (1)    This section applies if a person has been arrested under an extradition arrest

power.

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     (2)    A constable may enter and search any premises occupied or controlled by the

person if the constable has reasonable grounds for suspecting—

 

 

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           (a)                         if the person has not been convicted of the relevant offence, that there

is on the premises evidence (other than items subject to legal privilege)

relating to the relevant offence;

           (b)           in any case, that there is on the premises evidence (other than items

subject to legal privilege) relating to the identity of the person.

5

     (3)    The relevant offence is the offence—

           (a)           referred to in the Part 1 warrant, if the arrest was under a Part 1

warrant;

           (b)           in respect of which the constable has reason to believe that a Part 1

warrant has been or will be issued, if the arrest was under section 5;

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           (c)           in respect of which extradition is requested, if the arrest was under a

warrant issued under section 72;

           (d)           of which the person is accused, if the arrest was under a provisional

warrant.

     (4)    The power to search conferred by subsection (2)—

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           (a)           if the person has not been convicted of the relevant offence, is a power

to search for evidence (other than items subject to legal privilege)

relating to the relevant offence;

           (b)           in any case, is a power to search for evidence (other than items subject

to legal privilege) relating to the identity of the person.

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     (5)           The power to search conferred by subsection (2) is exercisable only to the extent

that it is reasonably required for the purpose of discovering evidence in respect

of which the power is available by virtue of subsection (4).

     (6)    A constable may seize and retain anything for which he may search by virtue

of subsections (4) and (5).

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     (7)    A constable who has entered premises in exercise of the power conferred by

subsection (2) may seize and retain anything which is on the premises if he has

reasonable grounds for believing—

           (a)           that it has been obtained in consequence of the commission of an

offence or it is evidence in relation to an offence, and

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           (b)           that it is necessary to seize it in order to prevent it being concealed, lost,

damaged, altered or destroyed.

     (8)    An offence includes an offence committed outside the United Kingdom.

     (9)    The powers conferred by subsections (2) and (6) may be exercised only if a

police officer of the rank of inspector or above has given written authorisation

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for their exercise.

     (10)   But the power conferred by subsection (2) may be exercised without

authorisation under subsection (9) if—

           (a)           it is exercised before the person arrested is taken to a police station, and

           (b)           the presence of the person at a place other than a police station is

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necessary for the effective exercise of the power to search.

     (11)   Subsections (9) and (10) do not apply to Scotland.

 166   Additional seizure powers

     (1)    The Criminal Justice and Police Act 2001 (c. 16) is amended as follows.

 

 

 
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