Extradition Act 2003 (c. 41)

(The document as of February, 2008)

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

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

(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--

" "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;

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

171 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;

(b) is taken to a police station after being arrested elsewhere under an extradition arrest power;

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

(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);

(b) Article 56 (intimate searches);

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

Delivery of seized property

172 Delivery of seized property

(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.

(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 reasonable grounds for believing that the authority--

(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 category 1 or category 2 territory specified in the application for the warrant or order.

(4) If the relevant seizure power was section 161(4), 162(6) or (7), 163(6) or (7) or 164(6) or (7), the relevant territory is--

(a) the territory in which the Part 1 warrant was issued, in a case where the 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 reasonable grounds for believing that a Part 1 warrant has been or will be issued, in a case where the applicable extradition arrest power is section 5;

(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 71;

(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 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 161(4);

(b) the extradition arrest power under which a person was arrested, if the relevant seizure power was section 162(6) or (7), 163(6) or (7) or 164(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 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" 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

173 Codes of practice

(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;

(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 he must--

(a) publish a draft of the code;

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

(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.

(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 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 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 any such representations before that date are as effective as any such modifications made by him on or after that date.

General

174 Interpretation

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

(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;

(d) a provisional warrant.

(3) "Excluded material"--

(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"--

(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;

(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;

(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 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--

(a) appropriate consent;

(b) fingerprints;

(d) non-intimate sample.

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

(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).

175 Customs officers

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

176 Service policemen

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

Part 5 Miscellaneous and general

British overseas territories

177 Extradition from British overseas territories

(1) This section applies in relation to extradition--

(a) from a British overseas territory to a category 1 territory;

(b) from a British overseas territory to the United Kingdom;

(d) from a British overseas territory to any of the Channel Islands or the Isle of Man.

(2) An Order in Council may provide for any provision of this Act applicable to extradition from the United Kingdom to apply to extradition in a case falling within subsection (1)(a) or (b).

(3) An Order in Council may provide for any provision of this Act applicable to extradition from the United Kingdom to a category 2 territory to apply to extradition in a case falling within subsection (1)(c) or (d).

(4) An Order in Council under this section may provide that the provision applied has effect with specified modifications.

178 Extradition to British overseas territories

(1) This section applies in relation to extradition--

(a) to a British overseas territory from a category 1 territory;

(b) to a British overseas territory from the United Kingdom;

(d) to a British overseas territory from any of the Channel Islands or the Isle of Man.

(2) An Order in Council may provide for any provision of this Act applicable to extradition to the United Kingdom to apply to extradition in a case falling within subsection (1)(a) or (b).

(3) An Order in Council may provide for any provision of this Act applicable to extradition to the United Kingdom from a category 2 territory to apply to extradition in a case falling within subsection (1)(c) or (d).

(4) An Order in Council under this section may provide that the provision applied has effect with specified modifications.

Competing extradition claims

179 Competing claims to extradition

(1) This section applies if at the same time--

(a) there is a Part 1 warrant in respect of a person, a certificate has been issued under section 2 in respect of the warrant, and the person has not been extradited in pursuance of the warrant or discharged, and

(b) there is a request for the same person's extradition, a certificate has been issued under section 70 in respect of the request, and the person has not been extradited in pursuance of the request or discharged.

(2) The Secretary of State may--

(a) order proceedings (or further proceedings) on one of them (the warrant or the request) to be deferred until the other one has been disposed of, if neither the warrant nor the request has been disposed of;

(b) order the person's extradition in pursuance of the warrant to be deferred until the request has been disposed of, if an order for his extradition in pursuance of the warrant has been made;

(c) order the person's extradition in pursuance of the request to be deferred until the warrant has been disposed of, if an order for his extradition in pursuance of the request has been made.

(3) In applying subsection (2) the Secretary of State must take account in particular of these matters--

(a) the relative seriousness of the offences concerned;

(b) the place where each offence was committed (or was alleged to have been committed);

(d) whether, in the case of each offence, the person is accused of its commission (but not alleged to have been convicted) or is alleged to be unlawfully at large after conviction.

(4) If both the certificates referred to in subsection (1) are issued in Scotland, the preceding provisions of this section apply as if the references to the Secretary of State were to the Scottish Ministers.

180 Proceedings on deferred warrant or request

(1) This section applies if--

(a) an order is made under this Act deferring proceedings on an extradition claim in respect of a person (the deferred claim) until another extradition claim in respect of the person has been disposed of, and

(b) the other extradition claim is disposed of.

(2) The judge may make an order for proceedings on the deferred claim to be resumed.

(3) No order under subsection (2) may be made after the end of the required period.

(4) If the person applies to the appropriate judge to be discharged, the judge may order his discharge.

(5) If the person applies to the appropriate judge to be discharged, the judge must order his discharge if--

(a) the required period has ended, and

(b) the judge has not made an order under subsection (2) or ordered the person's discharge.

(6) The required period is 21 days starting with the day on which the other extradition claim is disposed of.

(7) If the proceedings on the deferred claim were under Part 1, section 67 applies for determining the appropriate judge.

(8) If the proceedings on the deferred claim were under Part 2, section 139 applies for determining the appropriate judge.

(9) An extradition claim is made in respect of a person if--

(a) a Part 1 warrant is issued in respect of him;

(b) a request for his extradition is made.

181 Proceedings where extradition deferred

(1) This section applies if--

(a) an order is made under this Act deferring a person's extradition in pursuance of an extradition claim (the deferred claim) until another extradition claim in respect of him has been disposed of;

(b) the other extradition claim is disposed of.

(2) The judge may make an order for the person's extradition in pursuance of the deferred claim to cease to be deferred.

(3) No order under subsection (2) may be made after the end of the required period.

(4) If the person applies to the appropriate judge to be discharged, the judge may order his discharge.

(5) If the person applies to the appropriate judge to be discharged, the judge must order his discharge if--

(a) the required period has ended, and

(b) the judge has not made an order under subsection (2) or ordered the person's discharge.

(6) The required period is 21 days starting with the day on which the other extradition claim is disposed of.

(7) If the person's extradition in pursuance of the deferred claim was ordered under Part 1, section 67 applies for determining the appropriate judge.

(8) If the person's extradition in pursuance of the deferred claim was ordered under Part 2, section 139 applies for determining the appropriate judge.

(9) An extradition claim is made in respect of a person if--

(a) a Part 1 warrant is issued in respect of him;

(b) a request for his extradition is made.

Legal aid

182 Legal advice, assistance and representation: England and Wales

In section 12(2) of the Access to Justice Act 1999 (c. 22) (meaning of "criminal proceedings") for paragraph (c) substitute--

" (c) proceedings for dealing with an individual under the Extradition Act 2003, " .

183 Legal aid: Scotland

The provisions of the Legal Aid (Scotland) Act 1986 (c. 47) apply--

(a) in relation to proceedings in Scotland before the appropriate judge under Part 1, 2 or 5 of this Act as those provisions apply in relation to summary proceedings;

(b) in relation to any proceedings on appeal arising out of such proceedings before the appropriate judge as those provisions apply in relation to appeals in summary proceedings.

184 Grant of free legal aid: Northern Ireland

(1) The appropriate judge may grant free legal aid to a person in connection with proceedings under Part 1 or Part 2 before the judge or the High Court.

(2) A judge of the High Court may grant free legal aid to a person in connection with proceedings under Part 1 or Part 2 before the High Court or the House of Lords.

(3) If the appropriate judge refuses to grant free legal aid under subsection (1) in connection with proceedings before the High Court the person may appeal to the High Court against the judge's decision.

(4) A judge of the High Court may grant free legal aid to a person in connection with proceedings on an appeal under subsection (3).

(5) Free legal aid may be granted to a person under subsection (1), (2) or (4) only if it appears to the judge that--

(a) the person's means are insufficient to enable him to obtain legal aid, and

(b) it is desirable in the interests of justice that the person should be granted free legal aid.

(6) On an appeal under subsection (3) the High Court may--

(a) allow the appeal;

(b) dismiss the appeal.

(7) The High Court may allow an appeal under subsection (3) only if it appears to the High Court that--

(a) the person's means are insufficient to enable him to obtain legal aid, and

(b) it is desirable in the interests of justice that the person should be granted free legal aid.

(8) If the High Court allows an appeal under subsection (3) it must grant free legal aid to the person in connection with the proceedings under Part 1 or Part 2 before it.

(9) If on a question of granting free legal aid under this section or of allowing an appeal under subsection (3) there is a doubt as to whether--

(a) the person's means are insufficient to enable him to obtain legal aid, or

(b) it is desirable in the interests of justice that the person should be granted free legal aid,

the doubt must be resolved in favour of granting him free legal aid.

(10) References in this section to granting free legal aid to a person are to assigning to him--

(a) a solicitor and counsel, or

(b) a solicitor only, or

185 Free legal aid: supplementary

(1) The provisions of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8)) listed in subsection (2) apply in relation to free legal aid under section 184 in connection with proceedings before the appropriate judge or the High Court as they apply in relation to free legal aid under Part III of the Order.

(2) The provisions are--

(a) Article 32 (statements of means);

(b) Article 36(1) (payment of legal aid);

(d) Article 36A (solicitors excluded from legal aid work);

(e) Article 37 (remuneration of solicitors and counsel);

(f) Article 40 (stamp duty exemption).

(3) As so applied those Articles have effect as if--

(a) a person granted free legal aid under section 184 had been granted a criminal aid certificate under Part III of the Order;

(b) section 184 were contained in Part III of the Order.

(4) The fees of any counsel, and the expenses and fees of any solicitor, assigned to a person under section 184 in connection with proceedings before the House of Lords must be paid by the Lord Chancellor.

(5) The fees and expenses paid under subsection (4) must not exceed the amount allowed by--

(a) the House of Lords, or

(b) such officer or officers of the House of Lords as may be prescribed by order of the House of Lords.

(6) For the purposes of section 184 and this section the appropriate judge is--

(a) such county court judge or resident magistrate as is designated for the purposes of Part 1 by the Lord Chancellor, if the proceedings are under Part 1;

(b) such county court judge or resident magistrate as is designated for the purposes of Part 2 by the Lord Chancellor, if the proceedings are under Part 2.

Re-extradition

186 Re-extradition: preliminary

(1) Section 187 applies in relation to a person if the conditions in subsections (2) to (6) are satisfied.

(2) The first condition is that the person was extradited to a territory in accordance with Part 1 or Part 2.

(3) The second condition is that the person was serving a sentence of imprisonment or another form of detention in the United Kingdom (the UK sentence) before he was extradited.

(4) The third condition is that--

(a) if the person was extradited in accordance with Part 1, the Part 1 warrant in pursuance of which he was extradited contained a statement that it was issued with a view to his extradition for the purpose of being prosecuted for an offence;

(b) if the person was extradited in accordance with Part 2, the request in pursuance of which the person was extradited contained a statement that the person was accused of the commission of an offence.

(5) The fourth condition is that a certificate issued by a judicial authority of the territory shows that--

(a) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment (the overseas sentence) was imposed on the person in the territory;

(b) the overseas sentence was imposed on him in respect of--

(i) the offence specified in the warrant or request, or

(ii) any other offence committed before his extradition in respect of which he was permitted to be dealt with in the territory.

(6) The fifth condition is that before serving the overseas sentence the person was returned to the United Kingdom to serve the remainder of the UK sentence.

187 Re-extradition hearing

(1) If this section applies in relation to a person, as soon as practicable after the relevant time the person must be brought before the appropriate judge for the judge to decide whether the person is to be extradited again to the territory in which the overseas sentence was imposed.

(2) The relevant time is the time at which the person would otherwise be released from detention pursuant to the UK sentence (whether or not on licence).

(3) If subsection (1) is not complied with and the person applies to the judge to be discharged, the judge must order his discharge.

(4) The person must be treated as continuing in legal custody until he is brought before the appropriate judge under subsection (1) or he is discharged under subsection (3).

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