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Extradition Bill


Extradition Bill
Part 4 — Police powers

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     (2)    In Part 1 of Schedule 1 (powers of seizure to which section 50 of that Act

applies) at the end add—

“Extradition Act 2003 (c. 00)

        73B                The powers of seizure conferred by sections 157(5), 161(5), 162(4),

163(6) and (7) and 165(6) and (7) of the Extradition Act 2003 (seizure

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in connection with extradition).”

     (3)    In Part 2 of Schedule 1 (powers of seizure to which section 51 of that Act

applies) at the end add—

“Extradition Act 2003 (c. 00)

        83A                The powers of seizure conferred by section 164(6) and (7) of the

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Extradition Act 2003 (seizure in connection with extradition).”

Treatment following arrest

 167   Fingerprints and samples

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

power and is detained at a police station.

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     (2)    Fingerprints may be taken from the person only if they are taken by a

constable—

           (a)           with the appropriate consent given in writing, or

           (b)           without that consent, under subsection (4).

     (3)    A non-intimate sample may be taken from the person only if it is taken by a

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constable—

           (a)           with the appropriate consent given in writing, or

           (b)           without that consent, under subsection (4).

     (4)    Fingerprints or a non-intimate sample may be taken from the person without

the appropriate consent only if a police officer of at least the rank of inspector

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authorises the fingerprints or sample to be taken.

 168   Searches and examination

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

power and is detained at a police station.

     (2)    If a police officer of at least the rank of inspector authorises it, the person may

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be searched or examined, or both, for the purpose of facilitating the

ascertainment of his identity.

     (3)    An identifying mark found on a search or examination under this section may

be photographed—

           (a)           with the appropriate consent, or

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           (b)           without the appropriate consent, if that consent is withheld or it is not

practicable to obtain it.

     (4)    The only persons entitled to carry out a search or examination, or take a

photograph, under this section are—

 

 

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           (a)           constables;

           (b)           persons designated for the purposes of this section by the appropriate

police officer.

     (5)    A person may not under this section—

           (a)           carry out a search or examination of a person of the opposite sex;

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           (b)           take a photograph of any part of the body (other than the face) of a

person of the opposite sex.

     (6)    An intimate search may not be carried out under this section.

     (7)    Ascertaining a person’s identity includes showing that he is not a particular

person.

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     (8)    Taking a photograph includes using a process by means of which a visual

image may be produced; and photographing a person must be construed

accordingly.

     (9)    Mark includes features and injuries and a mark is an identifying mark if its

existence in a person’s case facilitates the ascertainment of his identity.

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     (10)   The appropriate police officer is—

           (a)           in England and Wales, the chief officer of police for the police area in

which the police station in question is situated;

           (b)           in Northern Ireland, the Chief Constable of the Police Service of

Northern Ireland.

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 169   Photographs

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

power and is detained at a police station.

     (2)    The person may be photographed—

           (a)           with the appropriate consent, or

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           (b)           without the appropriate consent, if that consent is withheld or it is not

practicable to obtain it.

     (3)    A person proposing to take a photograph of a person under this section—

           (a)           may for the purpose of doing so require the removal of any item or

substance worn on or over the whole or any part of the head or face of

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the person to be photographed, and

           (b)           if the requirement is not complied with may remove the item or

substance himself.

     (4)    The only persons entitled to take a photograph under this section are—

           (a)           constables;

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           (b)           persons designated for the purposes of this section by the appropriate

police officer.

     (5)    Taking a photograph includes using a process by means of which a visual

image may be produced; and photographing a person must be construed

accordingly.

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     (6)    The appropriate police officer is—

           (a)           in England and Wales, the chief officer of police for the police area in

which the police station in question is situated;

 

 

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           (b)           in Northern Ireland, the Chief Constable of the Police Service of

Northern Ireland.

 170   Evidence of identity: England and Wales

     (1)    The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.

     (2)    In section 54A (searches and examination to ascertain identity) at the end

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insert—

           “(13)              Nothing in this section applies to a person arrested under an

extradition arrest power.”

     (3)    In section 61 (fingerprinting) at the end insert—

           “(10)              Nothing in this section applies to a person arrested under an

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extradition arrest power.”

     (4)    In section 63 (non-intimate samples) at the end insert—

           “(11)              Nothing in this section applies to a person arrested under an

extradition arrest power.”

     (5)    In section 64A (photographing of suspects etc.) at the end insert—

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           “(7)              Nothing in this section applies to a person arrested under an

extradition arrest power.”

     (6)    In section 65 (interpretation of Part 5) after the definition of “drug trafficking”

and “drug trafficking offence” insert—

                    “extradition arrest power” means any of the following—

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                  (a)                 a Part 1 warrant (within the meaning given by the Extradition

Act 2003) in respect of which a certificate under section 2 of

that Act has been issued;

                  (b)                 section 5 of that Act;

                  (c)                 a warrant issued under section 72 of that Act;

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                  (d)                 a provisional warrant (within the meaning given by that Act).”

 171   Evidence of identity: Northern Ireland

     (1)    The Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/

1341 (N.I. 12)) is amended as follows.

     (2)    In Article 55A (searches and examination to ascertain identity) at the end

30

insert—

           “(13)              Nothing in this Article applies to a person arrested under an extradition

arrest power.”

     (3)    In Article 61 (fingerprinting) at the end insert—

           “(10)              Nothing in this Article applies to a person arrested under an extradition

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arrest power.”

     (4)    In Article 63 (non-intimate samples) at the end insert—

           “(12)              Nothing in this Article applies to a person arrested under an extradition

arrest power.”

 

 

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     (5)    In Article 64A (photographing of suspects etc.) at the end insert—

           “(7)              Nothing in this Article applies to a person arrested under an extradition

arrest power.”

     (6)    In Article 53 (interpretation) after the definition of “drug trafficking” and “drug

trafficking offence” insert—

5

                    “extradition arrest power” means any of the following—

                  (a)                 a Part 1 warrant (within the meaning given by the Extradition

Act 2003) in respect of which a certificate under section 2 of

that Act has been issued;

                  (b)                 section 5 of that Act;

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                  (c)                 a warrant issued under section 72 of that Act;

                  (d)                 a provisional warrant (within the meaning given by that Act).”

 172   Other treatment and rights

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

           (a)           is arrested under an extradition arrest power at a police station;

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           (b)           is taken to a police station after being arrested elsewhere under an

extradition arrest power;

           (c)           is detained at a police station after being arrested under an extradition

arrest power.

     (2)    In relation to those cases the Secretary of State may by order apply the

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provisions mentioned in subsections (3) and (4) with specified modifications.

     (3)    The provisions are these provisions of the Police and Criminal Evidence Act

1984 (c. 60)—

           (a)           section 54 (searches of detained persons);

           (b)           section 55 (intimate searches);

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           (c)           section 56 (right to have someone informed when arrested);

           (d)           section 58 (access to legal advice).

     (4)    The provisions are these provisions of the Police and Criminal Evidence

(Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))—

           (a)           Article 55 (searches of detained persons);

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           (b)           Article 56 (intimate searches);

           (c)           Article 57 (right to have someone informed when arrested);

           (d)           Article 59 (access to legal advice).

Delivery of seized property

 173   Delivery of seized property

35

     (1)    This section applies to—

           (a)           anything which has been seized or produced under this Part, or

           (b)           anything which has been seized under section 50 or 51 of the Criminal

Justice and Police Act 2001 (c. 16) in reliance on a power of seizure

conferred by this Part.

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     (2)    A constable may deliver any such thing to a person who is or is acting on behalf

of an authority if the constable has reason to believe that the authority—

 

 

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           (a)           is an authority of the relevant territory, and

           (b)           has functions such that it is appropriate for the thing to be delivered to

it.

     (3)    If the relevant seizure power was a warrant issued under this Part, or the thing

was produced under an order made under this Part, the relevant territory is the

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category 1 or category 2 territory specified in the application for the warrant or

order.

     (4)    If the relevant seizure power was section 162(4), 163(6) or (7), 164(6) or (7) or

165(6) or (7), the relevant territory is—

           (a)           the territory in which the Part 1 warrant was issued, in a case where the

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applicable extradition arrest power is a Part 1 warrant in respect of

which a certificate under section 2 has been issued;

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

warrant has been or will be issued, in a case where the applicable

extradition arrest power is section 5;

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           (c)           the territory to which a person’s extradition is requested, in a case

where the applicable extradition arrest power is a warrant issued under

section 72;

           (d)           the territory in which a person is accused of the commission of an

offence or has been convicted of an offence, in a case where the

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applicable extradition arrest power is a provisional warrant.

     (5)    The applicable extradition arrest power is—

           (a)           the extradition arrest power under which a constable had a power of

arrest, if the relevant seizure power was section 162(4);

           (b)           the extradition arrest power under which a person was arrested, if the

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relevant seizure power was section 163(6) or (7), 164(6) or (7) or 165(6)

or (7).

     (6)    The relevant seizure power is—

           (a)           the power under which the thing was seized, or

           (b)           the power in reliance on which the thing was seized under section 50 or

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51 of the Criminal Justice and Police Act 2001 (c. 16).

     (7)    Subsection (1)(a) applies to Scotland with the insertion after “Part” of “(so far

as it applies to Scotland) or for the purposes of this Act (as it so applies) by

virtue of any enactment or rule of law”.

     (8)    Subsection (2) applies to Scotland with the substitution of “procurator fiscal”

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for “constable”.

     (9)    In subsection (7) “enactment” includes an enactment comprised in, or in an

instrument made under, an Act of the Scottish Parliament.

Codes of practice

 174   Codes of practice

40

     (1)    The Secretary of State must issue codes of practice in connection with—

           (a)           the exercise of the powers conferred by this Part;

           (b)           the retention, use and return of anything seized or produced under this

Part;

 

 

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           (c)           access to and the taking of photographs and copies of anything so

seized or produced;

           (d)           the retention, use, disclosure and destruction of fingerprints, a sample

or a photograph taken under this Part.

     (2)    If the Secretary of State proposes to issue a code of practice under this section

5

he must—

           (a)           publish a draft of the code;

           (b)           consider any representations made to him about the draft;

           (c)           if he thinks it appropriate, modify the draft in the light of any such

representations.

10

     (3)    The Secretary of State must lay the code before Parliament.

     (4)    When he has done so he may bring the code into operation by order.

     (5)    The Secretary of State may revise the whole or any part of a code issued under

this section and issue the code as revised; and subsections (2) to (4) apply to

such a revised code as they apply to the original code.

15

     (6)    A failure by a constable to comply with a provision of a code issued under this

section does not of itself make him liable to criminal or civil proceedings.

     (7)    A code issued under this section is admissible in evidence in proceedings

under this Act and must be taken into account by a judge or court in

determining any question to which it appears to the judge or the court to be

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relevant.

     (8)    If the Secretary of State publishes a draft code of practice in connection with a

matter specified in subsection (1) before the date on which this section comes

into force—

           (a)           the draft is as effective as one published under subsection (2) on or after

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that date;

           (b)           representations made to the Secretary of State about the draft before

that date are as effective as representations made to him about it after

that date;

           (c)           modifications made by the Secretary of State to the draft in the light of

30

any such representations before that date are as effective as any such

modifications made by him on or after that date.

General

 175   Interpretation

     (1)    Subsections (2) to (8) apply for the purposes of this Part.

35

     (2)    Each of these is an extradition arrest power—

           (a)           a Part 1 warrant in respect of which a certificate under section 2 has

been issued;

           (b)           section 5;

           (c)           a warrant issued under section 72;

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           (d)           a provisional warrant.

     (3)    “Excluded material”—

 

 

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           (a)           in England and Wales, has the meaning given by section 11 of the 1984

Act;

           (b)           in Northern Ireland, has the meaning given by Article 13 of the 1989

Order.

     (4)    “Items subject to legal privilege”—

5

           (a)           in England and Wales, has the meaning given by section 10 of the 1984

Act;

           (b)           in Scotland, has the meaning given by section 412 of the 2002 Act;

           (c)           in Northern Ireland, has the meaning given by Article 12 of the 1989

Order.

10

     (5)    “Premises”—

           (a)           in England and Wales, has the meaning given by section 23 of the 1984

Act;

           (b)           in Scotland, has the meaning given by section 412 of the 2002 Act;

           (c)           in Northern Ireland, has the meaning given by Article 25 of the 1989

15

Order.

     (6)    “Special procedure material”—

           (a)           in England and Wales, has the meaning given by section 14 of the 1984

Act;

           (b)           in Northern Ireland, has the meaning given by Article 16 of the 1989

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Order.

     (7)    The expressions in subsection (8) have the meanings given—

           (a)           in England and Wales, by section 65 of the 1984 Act;

           (b)           in Northern Ireland, by Article 53 of the 1989 Order.

     (8)    The expressions are—

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           (a)           appropriate consent;

           (b)           fingerprints;

           (c)           intimate search;

           (d)           non-intimate sample.

     (9)    The 1984 Act is the Police and Criminal Evidence Act 1984 (c. 60).

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     (10)   The 1989 Order is the Police and Criminal Evidence (Northern Ireland) Order

1989 (S.I. 1989/1341 (N.I. 12)).

     (11)   The 2002 Act is the Proceeds of Crime Act 2002 (c. 29).

 176   Customs officers

The Treasury may by order provide for any provision of this Part which

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applies in relation to police officers or persons arrested by police officers to

apply with specified modifications in relation to customs officers or persons

arrested by customs officers.

 177   Service policemen

The Secretary of State may by order provide for any provision of this Part

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which applies in relation to police officers or persons arrested by police officers

to apply with specified modifications in relation to service policemen or

persons arrested by service policemen.

 

 

 
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