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| | 83E | Interpretation of sections 83A to 83D |
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| | (1) | This section applies for the purposes of sections 83A to 83D (and this |
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| | (2) | These expressions have the meanings given— |
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| | “D” has the meaning given in section 83A(1); |
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| | “designated prosecutor” means— |
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| | (h) | a member of the Crown Prosecution Service, or |
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| | (i) | any other person who— |
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| | (i) | is a prosecutor designated for the purposes of |
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| | this section by order made by the Secretary of |
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| | (ii) | is within a description of prosecutors so |
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| | “extradition offence” means the offence specified in the request for |
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| | extradition (including the conduct that constitutes the extradition |
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| | “forum proceedings” has the meaning given in section 83B(1); |
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| | “part of the United Kingdom” means— |
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| | “prosecutor” means a person who has responsibility for prosecuting |
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| | offences in any part of the United Kingdom (whether or not the person |
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| | also has other responsibilities); |
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| | “prosecutor’s certificate” has the meaning given in section 83C(1); |
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| | “responsible prosecutor”, in relation to a prosecutor’s certificate, |
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| | (m) | the designated prosecutor giving the certificate, or |
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| | (n) | another designated prosecutor. |
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| | (3) | In determining for any purpose whether an offence corresponds to the |
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| | extradition offence, regard must be had, in particular, to the nature and |
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| | seriousness of the two offences. |
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| | (4) | A reference to a formal decision as to the prosecution of D for an |
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| | offence is a reference to a decision (made after complying with, in |
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| | particular, any applicable requirement concerning a code of practice) |
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| | that D should, or should not, be prosecuted for the offence.”. |
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| | Transitional provision, saving and repeals |
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| | 7 (1) | In a case where the Part 1 warrant, or the request for the person’s extradition, |
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| | has been issued before the time when the amendments made by this Part of this |
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| | Schedule come into force, those amendments apply to the extradition |
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| | concerned only if, at that time, the judge has not yet decided all of the existing |
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| | extradition bar questions. |
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| | “existing extradition bar questions” means— |
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| | (a) | the questions in section 11(1) of the Extradition Act 2003 (in the |
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| | case of a Part 1 warrant), or |
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| | (b) | the questions in section 79(1) of that Act (in the case of a request |
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| | for the person’s extradition), |
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| | as those questions stand before their amendment by this paragraph; |
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| | “Part 1 warrant” and “request for a person’s extradition” have the same |
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| | meanings as in the Extradition Act 2003. |
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| | 8 | The powers conferred by section 177, 178 and 222 of the Extradition Act 2003 |
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| | are exercisable in relation to any amendment of that Act made by this Part of |
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| | 9 | In the Police and Justice Act 2006, in Schedule 13 (extradition), in Part 1 |
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| | (amendments to the Extradition Act 2003), omit paragraphs 4 to 6 (and the |
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| | italic heading preceding paragraph 4). |
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| | Extradition to category 2 territories |
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| | 10 | Part 2 of the Extradition Act 2003 (extradition to category 2 territories) is |
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| | 11 | In section 70 (extradition request and certificate), after subsection (9) insert— |
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| | “(10) | Subsection (11) applies at all times after the Secretary of State issues |
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| | a certificate under this section. |
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| | (11) | The Secretary of State is not to consider whether the extradition would |
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| | be compatible with the Convention rights within the meaning of the |
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| | 12 | In section 108 (appeal against extradition order)— |
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| | (a) | after subsection (4) insert— |
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| | “(5) | But notice of an appeal under this section may be given after |
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| | the end of the permitted period if it is an appeal on human |
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| | (6) | Notice of any such appeal must be given in accordance with |
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| | rules of court at a time before the person is extradited to the |
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| | category 2 country in accordance with section 117. |
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| | (7) | Where notice of an appeal is given in accordance with |
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| | subsections (5) and (6), the High Court is to consider the |
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| | appeal only if it appears to the High Court that— |
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| | (a) | the appeal is necessary to avoid real injustice, and |
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| | (b) | the circumstances are exceptional and make it |
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| | appropriate to consider the appeal. |
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| | (8) | In this section “appeal on human rights grounds” means an |
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| | appeal against the order for the person’s extradition on the |
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| | grounds (and only on the grounds) that the extradition would |
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| | not be compatible with the Convention rights within the |
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| | meaning of the Human Rights Act 1998.”. |
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| | 13 | In section 117 (extradition where no appeal), after subsection (4) insert— |
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| | “(5) | If a person brings an appeal under section 108 by virtue of subsection |
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| | (5) of that section, this section ceases to apply (but section 118 applies |
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| | Transitional provision and saving |
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| | 14 (1) | In a case where a request for a person’s extradition has been issued before the |
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| | time when the amendments made by this Part of this Schedule come into force, |
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| | those amendments apply to the extradition concerned only if— |
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| | (a) | the person concerned has not made any human rights representations |
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| | to the Secretary of State during the relevant period, or |
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| | (b) | the person concerned has made such representations during that period |
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| | and the Secretary of State has finished considering them by the end of |
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| | “human rights representations” means representations that the extradition |
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| | would not be compatible with the Convention rights within the meaning |
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| | of the Human Rights Act 1998; |
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| | “relevant period” means the period that— |
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| | (c) | begins when the Secretary of State issues a certificate under |
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| | section 70 of the Extradition Act 2003 in relation to the |
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| | (d) | ends when the amendments made by this paragraph come into |
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| | “request for a person’s extradition” has the same meaning as in the |
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| | 15 | The powers conferred by section 177, 178 and 222 of the Extradition Act 2003 |
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| | are exercisable in relation to any amendment of that Act made by this Part of |
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| | Devolution issues in Scotland |
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| | Extradition to category 1 countries |
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| | 16 | Part 1 of the Extradition Act 2003 (extradition to category 1 territories) is |
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| | 17 (1) | In section 30 (detention pending conclusion of appeal under section 28), for |
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| | subsection (5) substitute— |
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| | “(5) | The proceeding provisions of this section do not apply to Scotland.”. |
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| | (2) | After section 30 insert— |
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| | “30A | Detention pending conclusion of appeal under section 28: Scotland |
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| | (1) | This section applies if immediately after the judge orders the person’s |
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| | discharge the judge is informed by the authority which issued the Part |
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| | 1 warrant (“the issuing authority”) that it intends to appeal under |
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| | section 28 (“the High Court appeal”). |
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| | (2) | The judge must remand the person in custody or on bail while the High |
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| | (3) | The High Court appeal ceases to be pending at the earliest of these |
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| | (a) | when the proceedings on the appeal are abandoned; |
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| | (i) | allows the appeal, or |
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| | (ii) | dismisses the appeal. |
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| | (a) | the High Court appeal is dismissed, and |
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| | (b) | immediately after dismissing it, the High Court is informed by |
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| | the issuing authority that it intends to bring an appeal to the |
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| | Supreme Court against a determination of a relevant |
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| | devolution issue (“the Supreme Court appeal”), |
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| | | the High Court must remand the person in custody or on bail while the |
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| | Supreme Court appeal is pending. |
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| | (5) | The Supreme Court appeal ceases to be pending at the earliest of these |
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| | (a) | the end of the period of 28 days starting with the day when the |
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| | High Court appeal is dismissed (unless, within that period, an |
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| | application is made to the High Court for permission to make |
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| | the Supreme Court appeal); |
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| | (b) | the end of the period of 28 days starting with the day when the |
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| | High Court refuses permission to make the Supreme Court |
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| | appeal (unless, within that period, an application is made to |
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| | the Supreme Court for permission to make the Supreme Court |
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| | (c) | the end of the period of 28 days starting with the day on which |
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| | permission is given to bring the Supreme Court appeal (unless |
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| | the appeal is brought within that period); |
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| | (d) | the time when the proceedings on the Supreme Court appeal |
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| | (e) | the time when there is no further step that can be taken in |
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| | relation to the Supreme Court appeal by the issuing authority |
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| | (ignoring any power of a court to grant leave to take a step out |
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| | (6) | If the person is remanded in custody by the judge or the High Court, |
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| | the High Court may later grant bail. |
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| | (7) | In this section “relevant devolution issue” means a devolution issue |
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| | relating to the person’s extradition. |
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| | (8) | This section applies only to Scotland.”. |
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| | 18 | After section 33 insert— |
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| | “33ZA | Scottish devolution issue: remand in custody or on bail |
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| | (1) | This section applies where, on an appeal to the Supreme Court against |
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| | a determination of a devolution issue relating to a person’s extradition |
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| | under this Part, the Supreme Court— |
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| | (a) | remits the case to the High Court, or |
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| | (b) | orders the person’s extradition. |
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| | (2) | The Supreme Court must remand the person in custody or on bail |
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| | pending the person’s extradition. |
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| | (3) | If the Supreme Court remands the person in custody it may later grant |
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| | 19 | After section 33A insert— |
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