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Police and Justice Bill
Schedule 14 — Extradition
Part 1 — Amendments to the Extradition Act 2003

132

 

Schedule 14

Section 46

 

Extradition

Part 1

Amendments to the Extradition Act 2003

Requests for extradition of persons unlawfully at large

5

1     (1)  

In section 2 (Part 1 warrant and certificate), in subsection (5)(a), for “is

alleged to be unlawfully at large after conviction” there is substituted “has

been convicted”.

      (2)  

In section 70 (request and certificate for extradition to category 2 territory)—

(a)   

in subsection (3), after “subsection (4)” there is inserted “or the

10

statement referred to in subsection (4A)”;

(b)   

for subsection (4) there is substituted—

“(4)   

The statement is one that—

(a)   

the person is accused in the category 2 territory of the

commission of an offence specified in the request, and

15

(b)   

the request is made with a view to his arrest and

extradition to the category 2 territory for the purpose

of being prosecuted for the offence.

(4A)   

The statement is one that—

(a)   

the person has been convicted of an offence specified

20

in the request by a court in the category 2 territory,

and

(b)   

the request is made with a view to his arrest and

extradition to the category 2 territory for the purpose

of being sentenced for the offence or of serving a

25

sentence of imprisonment or another form of

detention imposed in respect of the offence.”

      (3)  

In section 142 (issue of Part 3 warrant), in subsection (5)(a), for “is alleged to

be unlawfully at large after conviction” there is substituted “has been

convicted”.

30

2     (1)  

In section 14 (passage of time), for the words from “since” to the end there is

substituted “since he is alleged to have—

(a)   

committed the extradition offence (where he is accused of its

commission), or

(b)   

become unlawfully at large (where he is alleged to have been

35

convicted of it)”.

      (2)  

After section 68 there is inserted—

“68A    

Unlawfully at large

(1)   

A person is alleged to be unlawfully at large after conviction of an

offence if—

40

(a)   

he is alleged to have been convicted of it, and

(b)   

his extradition is sought for the purpose of his being

sentenced for the offence or of his serving a sentence of

 

 

Police and Justice Bill
Schedule 14 — Extradition
Part 1 — Amendments to the Extradition Act 2003

133

 

imprisonment or another form of detention imposed in

respect of the offence.

(2)   

This section applies for the purposes of this Part, other than sections

14 and 63.”

      (3)  

In section 82 (passage of time), for the words from “since” to the end there is

5

substituted “since he is alleged to have—

(a)   

committed the extradition offence (where he is accused of its

commission), or

(b)   

become unlawfully at large (where he is alleged to have been

convicted of it)”.

10

      (4)  

After section 140 there is inserted—

“140A   

 Unlawfully at large

(1)   

A person is alleged to be unlawfully at large after conviction of an

offence if—

(a)   

he is alleged to have been convicted of it, and

15

(b)   

his extradition is sought for the purpose of his being

sentenced for the offence or of his serving a sentence of

imprisonment or another form of detention imposed in

respect of the offence.

(2)   

This section applies for the purposes of this Part, other than sections

20

82 and 136.”

      (5)  

In section 143 (undertaking in relation to person serving sentence), in

subsection (4), for “alleged to be unlawfully at large after conviction” there

is substituted “who has been convicted”.

      (6)  

In section 148 (extradition offences), in subsection (3)(a), for “is alleged to be

25

unlawfully at large after conviction” there is substituted “has been

convicted”.

      (7)  

In section 179 (competing claims to extradition), after subsection (4) there is

inserted—

“(5)   

For the purposes of this section a person is alleged to be unlawfully

30

at large after conviction of an offence if—

(a)   

he is alleged to have been convicted of it, and

(b)   

his extradition is sought for the purpose of his being

sentenced for the offence or of his serving a sentence of

imprisonment or another form of detention imposed in

35

respect of the offence.”

      (8)  

In section 188 (re-extradition to category 1 territories), in subsection (1)(b)(i),

for “was alleged to be unlawfully at large after conviction” there is

substituted “had been convicted”.

      (9)  

In section 189 (re-extradition to category 2 territories), in subsection (1)(b),

40

for “was alleged to be unlawfully at large after conviction” there is

substituted “had been convicted”.

Restriction on extradition following transfer from International Criminal Court

3     (1)  

In section 11 (bars to extradition)—

 

 

Police and Justice Bill
Schedule 14 — Extradition
Part 1 — Amendments to the Extradition Act 2003

134

 

(a)   

after paragraph (h) of subsection (1) there is inserted—

“(i)   

the person’s earlier transfer to the United Kingdom

by the International Criminal Court.”;

(b)   

in subsection (2), for “Sections 12 to 19” there is substituted “Sections

12 to 19A”.

5

      (2)  

After section 19 there is inserted—

“19A    

Earlier transfer to United Kingdom by International Criminal Court

(1)   

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

his earlier transfer by the International Criminal Court if (and only

if)—

10

(a)   

the person was transferred to the United Kingdom to serve a

sentence imposed by the Court;

(b)   

under arrangements between the United Kingdom and the

Court, the consent of the Presidency of the Court is required

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

15

category 1 territory in respect of the extradition offence under

consideration;

(c)   

that consent has not been given.

(2)   

Subsection (1) does not apply if the person has served the sentence

imposed by the Court and has subsequently—

20

(a)   

remained voluntarily in the United Kingdom for more than

30 days, or

(b)   

left the United Kingdom and returned to it.”

      (3)  

In section 93 (Secretary of State’s consideration of case), after paragraph (c)

of subsection (2) there is inserted—

25

“(d)   

section 96A (earlier transfer to United Kingdom by

International Criminal Court).”

      (4)  

After section 96 there is inserted—

“96A    

Earlier transfer to United Kingdom by International Criminal Court

(1)   

The Secretary of State must not order a person’s extradition to a

30

category 2 territory if—

(a)   

the person was transferred to the United Kingdom to serve a

sentence imposed by the International Criminal Court;

(b)   

under arrangements between the United Kingdom and the

Court, the consent of the Presidency of the Court is required

35

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

category 2 territory in respect of the extradition offence under

consideration;

(c)   

that consent has not been given.

(2)   

Subsection (1) does not apply if the person has served the sentence

40

imposed by the Court and has subsequently—

(a)   

remained voluntarily in the United Kingdom for more than

30 days, or

(b)   

left the United Kingdom and returned to it.”

 

 

Police and Justice Bill
Schedule 14 — Extradition
Part 1 — Amendments to the Extradition Act 2003

135

 

Remand of person serving sentence in United Kingdom

4          

In sections 23 and 89 (person serving sentence in United Kingdom), after

subsection (2) there is inserted—

“(3)   

In a case where an extradition hearing is adjourned under subsection

(2)—

5

(a)   

section 131 of the Magistrates’ Courts Act 1980 (remand of

accused already in custody) has effect as if a reference to 28

clear days in subsection (1) or (2) of that section were a

reference to six months;

(b)   

Article 47(2) of the Magistrates’ Courts (Northern Ireland)

10

Order 1981 (S.I. 1981/1675 (N.I. 26)) (period of remand in

custody) has effect as if a reference to 28 days in—

(i)   

paragraph (a)(iii), or

(ii)   

the words after paragraph (b),

   

were a reference to six months.”

15

Remands in connection with appeal proceedings

5     (1)  

In section 29 (court’s powers on appeal under section 28), after subsection (6)

there is inserted—

“(7)   

If the court allows the appeal it must remand the person in custody

or on bail.

20

(8)   

If the court remands the person in custody it may later grant bail.”

      (2)  

In section 30 (detention pending conclusion of appeal under section 28)—

(a)   

for paragraph (b) of subsection (4) there is substituted—

“(b)   

when the High Court—

(i)   

allows the appeal, or

25

(ii)   

dismisses the appeal,

   

unless, where the appeal is dismissed, the authority

immediately informs the court that it intends to apply

for leave to appeal to the House of Lords;”;

(b)   

in paragraph (c) of that subsection, at the end there is inserted “, if no

30

appeal to the House of Lords is brought before the end of that

period”;

(c)   

in subsection (5)(a), for “if” there is substituted “unless”.

      (3)  

In section 32 (appeal to House of Lords), for subsection (10) there is

substituted—

35

“(10)   

The High Court may grant bail to a person appealing under this

section, or applying for leave to appeal under this section, against the

dismissal of his appeal under section 26.”

      (4)  

In section 33 (powers of House of Lords on appeal under section 32), at the

end there is inserted—

40

“(10)   

In a case where—

(a)   

subsection (5) applies, or

(b)   

subsections (7) and (8) apply,

 

 

Police and Justice Bill
Schedule 14 — Extradition
Part 1 — Amendments to the Extradition Act 2003

136

 

   

the House of Lords must remand, in custody or on bail, the person in

respect of whom the warrant was issued.

(11)   

If the House of Lords remands the person in custody the High Court

may later grant bail.”

      (5)  

After section 33 there is inserted—

5

“33A    

Detention pending conclusion of certain appeals under section 32

(1)   

This section applies if immediately after the High Court orders the

person’s discharge the court is informed by the authority which

issued the Part 1 warrant that it intends to appeal under section 32.

(2)   

The court must remand the person in custody or on bail while the

10

appeal under section 32 is pending.

(3)   

If the court remands the person in custody it may later grant bail.

(4)   

An appeal under section 32 ceases to be pending at the earliest of

these times—

(a)   

when the proceedings on the appeal are discontinued;

15

(b)   

at the end of the permitted period, which is 28 days starting

with the day on which leave to appeal to the House of Lords

against the decision of the High Court on the appeal under

section 26 is granted, if no appeal to the House of Lords is

brought before the end of that period;

20

(c)   

when there is no further step that can be taken by the

authority which issued the Part 1 warrant in relation to the

appeal (ignoring any power of a court to grant leave to take a

step out of time).

(5)   

The preceding provisions of this section do not apply to Scotland.”

25

      (6)  

In section 104 (court’s powers on appeal under section 103), after subsection

(7) there is inserted—

“(8)   

If the court makes a direction under subsection (1)(b) it must remand

the person in custody or on bail.

(9)   

If the court remands the person in custody it may later grant bail.”

30

      (7)  

In section 106 (court’s powers on appeal under section 105), after subsection

(8) there is inserted—

“(9)   

If the court—

(a)   

allows the appeal, or

(b)   

makes a direction under subsection (1)(b),

35

   

it must remand the person in custody or on bail.

(10)   

If the court remands the person in custody it may later grant bail.”

      (8)  

In section 107 (detention pending conclusion of appeal under section 105)—

(a)   

for paragraph (b) of subsection (4) there is substituted—

“(b)   

when the High Court—

40

(i)   

allows the appeal,

(ii)   

makes a direction under section 106(1)(b), or

(iii)   

dismisses the appeal,

 

 

Police and Justice Bill
Schedule 14 — Extradition
Part 1 — Amendments to the Extradition Act 2003

137

 

   

unless, where the appeal is dismissed, the court is

immediately informed on behalf of the category 2

territory of an intention to apply for leave to appeal to

the House of Lords;”;

(b)   

in paragraph (c) of that subsection, at the end there is inserted “, if no

5

appeal to the House of Lords is brought before the end of that

period”;

(c)   

in subsection (5)(a), for “if” there is substituted “unless”.

      (9)  

In section 111 (court’s powers on appeal under section 110), after subsection

(5) there is inserted—

10

“(6)   

If the court allows the appeal it must remand the person in custody

or on bail.

(7)   

If the court remands the person in custody it may later grant bail.”

     (10)  

For section 112 there is substituted—

“112    

Detention pending conclusion of appeal under section 110

15

(1)   

This section applies in a case where the Secretary of State orders the

person’s discharge under this Part.

(2)   

Subject to subsection (3)—

(a)   

the order made by the appropriate judge under section 92(4)

(“the remand order”) remains in force until the end of the

20

period of three days beginning with the day on which the

person’s discharge is ordered;

(b)   

if within that period the Secretary of State is informed in

writing on behalf of the category 2 territory of an intention to

appeal under section 110, the remand order remains in force

25

while the appeal is pending.

(3)   

If the person is remanded in custody under section 92(4), the

appropriate judge may grant bail.

(4)   

An appeal under section 110 ceases to be pending at the earliest of

these times—

30

(a)   

when the proceedings on the appeal are discontinued;

(b)   

when the High Court—

(i)   

allows the appeal, or

(ii)   

dismisses the appeal,

   

unless, where the appeal is dismissed, the court is

35

immediately informed on behalf of the category 2 territory of

an intention to apply for leave to appeal to the House of

Lords;

(c)   

at the end of the permitted period, which is 28 days starting

with the day on which leave to appeal to the House of Lords

40

against the decision of the High Court on the appeal is

granted, if no appeal to the House of Lords is brought before

the end of that period;

(d)   

when there is no further step that can be taken on behalf of

the category 2 territory in relation to the appeal (ignoring any

45

power of a court to grant leave to take a step out of time).

 

 

Police and Justice Bill
Schedule 14 — Extradition
Part 1 — Amendments to the Extradition Act 2003

138

 

(5)   

The preceding provisions of this section apply to Scotland with these

modifications—

(a)   

in subsection (4)(b) omit the words from “unless” to the end;

(b)   

omit subsection (4)(c).”

     (11)  

In section 114 (appeal to House of Lords), for subsection (10) there is

5

substituted—

“(10)   

The High Court may grant bail to a person appealing under this

section, or applying for leave to appeal under this section, against the

dismissal of his appeal under section 103 or 108.”

     (12)  

In section 115 (powers of House of Lords on appeal under section 114), after

10

subsection (8) there is inserted—

“(9)   

In a case where subsection (5) or (7) applies, the House of Lords must

remand, in custody or on bail, the person whose extradition is

requested.

(10)   

If the House of Lords remands the person in custody the High Court

15

may later grant bail.”

     (13)  

After section 115 there is inserted—

“115A   

 Detention pending conclusion of certain appeals under section 114

(1)   

This section applies if—

(a)   

on an appeal under section 103 or 108 the High Court orders

20

the person’s discharge;

(b)   

immediately after it does so, the court is informed on behalf

of the category 2 territory of an intention to appeal under

section 114.

(2)   

The court must remand the person in custody or on bail while the

25

appeal is pending.

(3)   

If the court remands the person in custody it may later grant bail.

(4)   

An appeal under section 114 ceases to be pending at the earliest of

these times—

(a)   

when the proceedings on the appeal are discontinued;

30

(b)   

at the end of the permitted period, which is 28 days starting

with the day on which leave to appeal to the House of Lords

against the decision of the High Court on the appeal under

section 103 or 108 is granted, if no appeal to the House of

Lords is brought before the end of that period;

35

(c)   

when there is no further step that can be taken on behalf of

the category 2 territory in relation to the appeal (ignoring any

power of a court to grant leave to take a step out of time).

(5)   

The preceding provisions of this section do not apply to Scotland.”

Time for extradition

40

6     (1)  

In section 35 (extradition where no appeal), in paragraph (a) of subsection

(4) (period within which person must be extradited), for “the day on which

the judge makes the order” there is substituted “the first day after the period

 

 

 
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