Extradition Act 2003 (c. 41)

(The document as of February, 2008)

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(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).

(5) If the person is brought before the appropriate judge under subsection (1) the judge must decide whether the territory in which the overseas sentence was imposed is--

(a) a category 1 territory;

(b) a category 2 territory;

(6) If the judge decides that the territory is a category 1 territory, section 188 applies.

(7) If the judge decides that the territory is a category 2 territory, section 189 applies.

(8) If the judge decides that the territory is neither a category 1 territory nor a category 2 territory, he must order the person's discharge.

(9) A person's discharge as a result of this section or section 188 or 189 does not affect any conditions on which he is released from detention pursuant to the UK sentence.

(10) Section 139 applies for determining the appropriate judge for the purposes of this section.

188 Re-extradition to category 1 territories

(1) If this section applies, this Act applies as it would if--

(a) a Part 1 warrant had been issued in respect of the person;

(b) the warrant contained a statement that--

(i) the person was alleged to be unlawfully at large after conviction of the relevant offence, and

(ii) the warrant was issued with a view to the person's arrest and extradition to the territory for the purpose of serving a sentence imposed in respect of the relevant offence;

(c) the warrant were issued by the authority of the territory which issued the certificate referred to in section 186(5);

(d) the relevant offence were specified in the warrant;

(e) the judge were the appropriate judge for the purposes of Part 1;

(f) the hearing at which the judge is to make the decision referred to in section 187(1) were the extradition hearing;

(g) the proceedings before the judge were under Part 1.

(2) As applied by subsection (1) this Act has effect with the modifications set out in Part 1 of Schedule 1.

(3) The relevant offence is the offence in respect of which the overseas sentence is imposed.

189 Re-extradition to category 2 territories

(1) If this section applies, this Act applies as it would if--

(a) a valid request for the person's extradition to the territory had been made;

(b) the request contained a statement that the person was alleged to be unlawfully at large after conviction of the relevant offence;

(d) the hearing at which the appropriate judge is to make the decision referred to in section 187(1) were the extradition hearing;

(e) the proceedings before the judge were under Part 2.

(2) As applied by subsection (1) this Act has effect with the modifications set out in Part 2 of Schedule 1.

(3) The relevant offence is the offence in respect of which the overseas sentence is imposed.

Conduct of extradition proceedings

190 Crown Prosecution Service: role in extradition proceedings

(1) The Prosecution of Offences Act 1985 (c. 23) is amended as follows.

(2) In section 3 (functions of the Director) in subsection (2) after paragraph (e) insert--

" (ea) to have the conduct of any extradition proceedings;

(eb) to give, to such extent as he considers appropriate, and to such persons as he considers appropriate, advice on any matters relating to extradition proceedings or proposed extradition proceedings; " .

(3) In section 3 after subsection (2) insert--

" (2A) Subsection (2)(ea) above does not require the Director to have the conduct of any extradition proceedings in respect of a person if he has received a request not to do so and--

(a) in a case where the proceedings are under Part 1 of the Extradition Act 2003, the request is made by the authority which issued the Part 1 warrant in respect of the person;

(b) in a case where the proceedings are under Part 2 of that Act, the request is made on behalf of the territory to which the person's extradition has been requested. "

(4) In section 5(1) (conduct of prosecutions on behalf of Crown Prosecution Service) after "criminal proceedings" insert "or extradition proceedings".

(5) In section 14 (control of fees and expenses etc paid by the Service) in subsection (1)(a) after "criminal proceedings" insert "or extradition proceedings".

(6) In section 15(1) (interpretation of Part 1) in the appropriate place insert--

" "extradition proceedings" means proceedings under the Extradition Act 2003; " .

191 Lord Advocate: role in extradition proceedings

(1) The Lord Advocate must--

(a) conduct any extradition proceedings in Scotland;

(b) give, to such extent as he considers appropriate, and to such persons as he considers appropriate, advice on any matters relating to extradition proceedings or proposed extradition proceedings, in Scotland.

(2) Subsection (1)(a) does not require the Lord Advocate to conduct any extradition proceedings in respect of a person if he has received a request not to do so and--

(a) in a case where the proceedings are under Part 1, the request is made by the authority which issued the Part 1 warrant in respect of the person;

(b) in a case where the proceedings are under Part 2, the request is made on behalf of the territory to which the person's extradition has been requested.

192 Northern Ireland DPP and Crown Solicitor: role in extradition proceedings

(1) The Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I. 1)) is amended as set out in subsections (2) to (4).

(2) In article 2(2) (interpretation) in the appropriate place insert--

" "extradition proceedings" means proceedings under the Extradition Act 2003; " .

(3) In article 4(7) (conduct of prosecutions on behalf of DPP) after "prosecution" insert "or extradition proceedings".

(4) In article 5 (functions of DPP) after paragraph (1) insert--

" (1A) The Director may--

(a) have the conduct of any extradition proceedings in Northern Ireland;

(b) give to such persons as appear to him appropriate such advice as appears to him appropriate on matters relating to extradition proceedings, or proposed extradition proceedings, in Northern Ireland. "

(5) The Justice (Northern Ireland) Act 2002 (c. 26) is amended as set out in subsections (6) to (8).

(6) After section 31 insert--

" 31A Conduct of extradition proceedings

(1) The Director may have the conduct of any extradition proceedings in Northern Ireland.

(2) The Director may give to such persons as appear to him appropriate such advice as appears to him appropriate on matters relating to extradition proceedings, or proposed extradition proceedings, in Northern Ireland. "

(7) In section 36(2) (conduct of criminal proceedings on behalf of DPP) after "criminal proceedings" insert "or extradition proceedings".

(8) In section 44 (interpretation) after subsection (6) insert--

" (7) For the purposes of this Part "extradition proceedings" means proceedings under the Extradition Act 2003. "

(9) The Crown Solicitor for Northern Ireland may--

(a) have the conduct of any proceedings under this Act in Northern Ireland;

(b) give to such persons as appear to him appropriate such advice as appears to him appropriate on matters relating to proceedings under this Act, or proposed proceedings under this Act, in Northern Ireland.

Parties to international Conventions

193 Parties to international Conventions

(1) A territory may be designated by order made by the Secretary of State if--

(a) it is not a category 1 territory or a category 2 territory, and

(b) it is a party to an international Convention to which the United Kingdom is a party.

(2) This Act applies in relation to a territory designated by order under subsection (1) as if the territory were a category 2 territory.

(3) As applied to a territory by subsection (2), this Act has effect as if--

(a) sections 71(4), 73(5), 74(11)(b), 84(7), 86(7), 137 and 138 were omitted;

(b) the conduct that constituted an extradition offence for the purposes of Part 2 were the conduct specified in relation to the territory in the order under subsection (1) designating the territory.

(4) Conduct may be specified in relation to a territory in an order under subsection (1) designating the territory only if it is conduct to which the relevant Convention applies.

(5) The relevant Convention is the Convention referred to in subsection (1)(b) which is specified in relation to the territory in the order under subsection (1) designating it.

Special extradition arrangements

194 Special extradition arrangements

(1) This section applies if the Secretary of State believes that--

(a) arrangements have been made between the United Kingdom and another territory for the extradition of a person to the territory, and

(b) the territory is not a category 1 territory or a category 2 territory.

(2) The Secretary of State may certify that the conditions in paragraphs (a) and (b) of subsection (1) are satisfied in relation to the extradition of the person.

(3) If the Secretary of State issues a certificate under subsection (2) this Act applies in respect of the person's extradition to the territory as if the territory were a category 2 territory.

(4) As applied by subsection (3), this Act has effect--

(a) as if sections 71(4), 73(5), 74(11)(b), 84(7) and 86(7) were omitted;

(b) with any other modifications specified in the certificate.

(5) A certificate under subsection (2) in relation to a person is conclusive evidence that the conditions in paragraphs (a) and (b) of subsection (1) are satisfied in relation to the person's extradition.

Human rights

195 Human rights: appropriate tribunal

(1) The appropriate judge is the only appropriate tribunal in relation to proceedings under section 7(1)(a) of the Human Rights Act 1998 (c. 42) (proceedings for acts incompatible with Convention rights) if the proceedings relate to extradition under Part 1 or Part 2 of this Act.

(2) If the proceedings relate to extradition under Part 1, section 67 applies for determining the appropriate judge.

(3) If the proceedings relate to extradition under Part 2, section 139 applies for determining the appropriate judge.

Genocide etc

196 Genocide, crimes against humanity and war crimes

(1) This section applies if--

(a) a Part 1 warrant in respect of a person is issued in respect of an offence mentioned in subsection (2), or

(b) a valid request for a person's extradition is made in respect of an offence mentioned in subsection (2).

(2) The offences are--

(a) an offence that if committed in the United Kingdom would be punishable as an offence under section 51 or 58 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity and war crimes);

(b) an offence that if committed in the United Kingdom would be punishable as an offence under section 52 or 59 of that Act (conduct ancillary to genocide, etc. committed outside the jurisdiction);

(c) an offence that if committed in the United Kingdom would be punishable as an ancillary offence, as defined in section 55 or 62 of that Act, in relation to an offence falling within paragraph (a) or (b);

(d) an offence that if committed in the United Kingdom would be punishable as an offence under section 1 of the International Criminal Court (Scotland) Act 2001 (asp 13) (genocide, crimes against humanity and war crimes);

(e) an offence that if committed in the United Kingdom would be punishable as an offence under section 2 of that Act (conduct ancillary to genocide etc. committed outside the jurisdiction);

(f) an offence that if committed in the United Kingdom would be punishable as an ancillary offence, as defined in section 7 of that Act, in relation to an offence falling within paragraph (d) or (e);

(g) any offence punishable in the United Kingdom under section 1 of the Geneva Conventions Act 1957 (c. 52) (grave breach of scheduled conventions).

(3) It is not an objection to extradition under this Act that the person could not have been punished for the offence under the law in force at the time when and in the place where he is alleged to have committed the act of which he is accused or of which he has been convicted.

Custody and bail

197 Custody

(1) If a judge remands a person in custody under this Act, the person must be committed to the institution to which he would have been committed if charged with an offence before the judge.

(2) If a person in custody following his arrest under Part 1 or Part 2 escapes from custody, he may be retaken in any part of the United Kingdom in the same way as he could have been if he had been in custody following his arrest or apprehension under a relevant domestic warrant.

(3) A relevant domestic warrant is a warrant for his arrest or apprehension issued in the part of the United Kingdom in question in respect of an offence committed there.

(4) Subsection (5) applies if--

(a) a person is in custody in one part of the United Kingdom (whether under this Act or otherwise);

(b) he is required to be removed to another part of the United Kingdom after being remanded in custody under this Act;

(5) The person must be treated as continuing in legal custody until he reaches the place to which he is required to be removed.

(6) An order for a person's extradition under this Act is sufficient authority for an appropriate person--

(a) to receive him;

(b) to keep him in custody until he is extradited under this Act;

(7) An appropriate person is--

(a) a person to whom the order is directed;

(b) a constable.

198 Bail: England and Wales

(1) The Bail Act 1976 (c. 63) is amended as follows.

(2) In section 1(1) (meaning of "bail in criminal proceedings") after paragraph (b) insert-- " , or

(3) In section 2(2) (other definitions) omit the definition of "proceedings against a fugitive offender" and in the appropriate places insert--

" "extradition proceedings" means proceedings under the Extradition Act 2003; " ;

" "prosecutor", in relation to extradition proceedings, means the person acting on behalf of the territory to which extradition is sought; " .

(4) In section 4 (general right to bail) in subsection (2) omit the words "or proceedings against a fugitive offender for the offence".

(5) In section 4 after subsection (2) insert--

" (2A) This section also applies to a person whose extradition is sought in respect of an offence, when--

(a) he appears or is brought before a court in the course of or in connection with extradition proceedings in respect of the offence, or

(b) he applies to a court for bail or for a variation of the conditions of bail in connection with the proceedings.

(2B) But subsection (2A) above does not apply if the person is alleged to be unlawfully at large after conviction of the offence. "

(6) In section 5B (reconsideration of decisions granting bail) for subsection (1) substitute--

" (A1) This section applies in any of these cases--

(a) a magistrates' court has granted bail in criminal proceedings in connection with an offence to which this section applies or proceedings for such an offence;

(b) a constable has granted bail in criminal proceedings in connection with proceedings for such an offence;

(1) The court or the appropriate court in relation to the constable may, on application by the prosecutor for the decision to be reconsidered--

(a) vary the conditions of bail,

(b) impose conditions in respect of bail which has been granted unconditionally, or

(7) In section 7 (liability to arrest for absconding or breaking conditions of bail) after subsection (1) insert--

" (1A) Subsection (1B) applies if--

(a) a person has been released on bail in connection with extradition proceedings,

(b) the person is under a duty to surrender into the custody of a constable, and

(1B) A magistrates' court may issue a warrant for the person's arrest. "

(8) In section 7(4) omit the words from "In reckoning" to "Sunday".

(9) In section 7 after subsection (4) insert--

" (4A) A person who has been released on bail in connection with extradition proceedings and is under a duty to surrender into the custody of a constable may be arrested without warrant by a constable on any of the grounds set out in paragraphs (a) to (c) of subsection (3).

(4B) A person arrested in pursuance of subsection (4A) above shall be brought as soon as practicable and in any event within 24 hours after his arrest before a justice of the peace for the petty sessions area in which he was arrested. "

(10) In section 7(5) after "subsection (4)" insert "or (4B)".

(11) In section 7 after subsection (6) insert--

" (7) In reckoning for the purposes of this section any period of 24 hours, no account shall be taken of Christmas Day, Good Friday or any Sunday. "

(12) In Part 1 of Schedule 1 (defendants accused or convicted of imprisonable offences) for paragraph 1 substitute--

" 1 The following provisions of this Part of this Schedule apply to the defendant if--

(a) the offence or one of the offences of which he is accused or convicted in the proceedings is punishable with imprisonment, or

(b) his extradition is sought in respect of an offence. "

(13) In Part 1 of Schedule 1 after paragraph 2A insert--

" 2B The defendant need not be granted bail in connection with extradition proceedings if--

(a) the conduct constituting the offence would, if carried out by the defendant in England and Wales, constitute an indictable offence or an offence triable either way; and

(b) it appears to the court that the defendant was on bail on the date of the offence. "

(14) In Part 1 of Schedule 1 in paragraph 6 after "the offence" insert "or the extradition proceedings".

199 Bail: Scotland

After section 24 of the Criminal Procedure (Scotland) Act 1995 (c. 46) (bail and bail conditions) insert--

" 24A Bail: extradition proceedings

(1) In the application of the provisions of this Part by virtue of section 9(2) or 77(2) of the Extradition Act 2003 (judge's powers at extradition hearing), those provisions apply with the modifications that--

(a) references to the prosecutor are to be read as references to a person acting on behalf of the territory to which extradition is sought;

(b) the right of the Lord Advocate mentioned in section 24(2) of this Act applies to a person subject to extradition proceedings as it applies to a person charged with any crime or offence;

(i) paragraph (b) of section 24(3); and

(ii) subsection (3) of section 30; and

(d) sections 28(1) and 33 apply to a person subject to extradition proceedings as they apply to an accused.

(2) Section 32 of this Act applies in relation to a refusal of bail, the amount of bail or a decision to allow bail or ordain appearance in proceedings under this Part as the Part applies by virtue of the sections of that Act of 2003 mentioned in subsection (1) above.

(3) The Scottish Ministers may, by order, for the purposes of section 9(2) or 77(2) of the Extradition Act 2003 make such amendments to this Part as they consider necessary or expedient.

(4) The order making power in subsection (3) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament. "

200 Appeal against grant of bail

(1) Section 1 of the Bail (Amendment) Act 1993 (c. 26) (prosecution right of appeal against grant of bail) is amended as follows.

(2) After subsection (1) insert--

" (1A) Where a magistrates' court grants bail to a person in connection with extradition proceedings, the prosecution may appeal to a judge of the Crown Court against the granting of bail. "

(3) In subsection (3) for "Such an appeal" substitute "An appeal under subsection (1) or (1A)".

(4) In subsection (4)--

(a) after subsection (1) insert "or (1A)";

(b) for "magistrates' court" substitute "court which has granted bail";

(5) In subsection (5) for "magistrates' court" substitute "court which has granted bail".

(6) In subsection (6) for "magistrates' court" substitute "court which has granted bail".

(7) In subsection (8)--

(a) after "subsection (1)" insert "or (1A)";

(b) omit "magistrates'".

(8) In subsection (10)(b) for "reference in subsection (5) above to remand in custody is" substitute "references in subsections (6) and (9) above to remand in custody are".

(9) After subsection (11) insert--

" (12) In this section--

"extradition proceedings" means proceedings under the Extradition Act 2003;
"magistrates' court" and "court" in relation to extradition proceedings means a District Judge (Magistrates' Courts) designated for the purposes of Part 1 or Part 2 of the Extradition Act 2003 by the Lord Chancellor;
"prosecution" in relation to extradition proceedings means the person acting on behalf of the territory to which extradition is sought. "

201 Remand to local authority accommodation

(1) Section 23 of the Children and Young Persons Act 1969 (c. 54) (remand to local authority accommodation) is amended as set out in subsections (2) to (11).

(2) In subsection (1) after "following provisions of this section" insert "(except subsection (1A))".

(3) After subsection (1) insert--

" (1A) Where a court remands a child or young person in connection with extradition proceedings and he is not released on bail the remand shall be to local authority accommodation. "

(4) In subsection (4) after "subsections (5)" insert ", (5ZA)".

(5) In subsection (5) after "security requirement" insert "in relation to a person remanded in accordance with subsection (1) above".

(6) After subsection (5) insert--

" (5ZA) A court shall not impose a security requirement in relation to a person remanded in accordance with subsection (1A) above unless--

(a) he has attained the age of twelve and is of a prescribed description;

(b) one or both of the conditions set out in subsection (5ZB) below is satisfied; and

(5ZB) The conditions mentioned in subsection (5ZA)(b) above are--

(a) that the conduct constituting the offence to which the extradition proceedings relate would if committed in the United Kingdom constitute an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more;

(b) that the person has previously absconded from the extradition proceedings or from proceedings in the United Kingdom or the requesting territory which relate to the conduct constituting the offence to which the extradition proceedings relate.

(5ZC) For the purposes of subsection (5ZB) above a person has absconded from proceedings if in relation to those proceedings--

(a) he has been released subject to a requirement to surrender to custody at a particular time and he has failed to surrender to custody at that time, or

(b) he has surrendered into the custody of a court and he has at any timeabsented himself from the court without its leave. "

(7) In subsection (5AA) for "subsection (5)" substitute "subsections (5) and (5ZA)".

(8) In subsection (12) for the definition of "relevant court"substitute--

" "relevant court"--

(a) in relation to a person remanded to local authority accommodation under subsection (1) above, means the court by which he was so remanded, or any magistrates'court having jurisdiction in the place where he is for the time being;

(b) in relation to a person remanded to local authority accommodation under subsection (1A) above, means the court by which he was so remanded. "

(9) In subsection (12) in the appropriate places insert--

" "extradition proceedings" means proceedings under the Extradition Act 2003; " ;

" "requesting territory" means the territory to which a person's extradition is sought in extradition proceedings; " .

(10) In section 98(1)of the Crime and Disorder Act 1998 (c. 37) (modifications of section 23 of the Children and Young Persons Act 1969 (c. 54) in relation to 15 and 16 year old boys) after paragraph (b) insert " ; and

Evidence

202 Receivable documents

(1) A Part 1 warrant may be received in evidence in proceedings under this Act.

(2) Any other document issued in a category 1 territory may be received in evidence in proceedings under this Act if it is duly authenticated.

(3) A document issued in a category 2 territory may be received in evidence in proceedings under this Act if it is duly authenticated.

(4) A document issued in a category 1 or category 2 territory is duly authenticated if (and only if) one of these applies--

(a) it purports to be signed by a judge, magistrate or other judicial authority of the territory;

(b) it purports to be authenticated by the oath or affirmation of a witness.

(5) Subsections (2) and (3) do not prevent a document that is not duly authenticated from being received in evidence in proceedings under this Act.

203 Documents sent by facsimile

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