Session 2012 - 13
Internet Publications
Other Bills before Parliament


 
 

Public Bill Committee Proceedings: 12 February 2013        

43

 

Crime and Courts Bill [Lords] continued

 
 

19C    

Effect of prosecutor’s certificates on forum proceedings

 

(1)    

The judge hearing proceedings under section 19B (the “forum

 

proceedings”) must decide that the extradition is not barred by reason

 

of forum if (at a time when the judge has not yet decided the

 

proceedings) the judge receives a prosecutor’s certificate relating to

 

the extradition.

 

(2)    

That duty to decide the forum proceedings in that way is subject to the

 

determination of any question relating to the prosecutor’s certificate

 

raised in accordance with section 19E.

 

(3)    

A designated prosecutor may apply for the forum proceedings to be

 

adjourned for the purpose of assisting that or any other designated

 

prosecutor—

 

(a)    

in considering whether to give a prosecutor’s certificate

 

relating to the extradition,

 

(b)    

in giving such a certificate, or

 

(c)    

in sending such a certificate to the judge.

 

(4)    

If such an application is made, the judge must—

 

(a)    

adjourn the forum proceedings until the application is

 

decided; and

 

(b)    

continue the adjournment, for such period as appears to the

 

judge to be reasonable, if the application is granted.

 

(5)    

But the judge must end the adjournment if the application is not

 

granted.

 

19D    

Prosecutor’s certificates

 

(1)    

A “prosecutor’s certificate” is a certificate given by a designated

 

prosecutor which—

 

(a)    

certifies both matter A and matter B, and

 

(b)    

certifies either matter C or matter D.

 

(2)    

Matter A is that a responsible prosecutor has considered the offences

 

for which D could be prosecuted in the United Kingdom, or a part of

 

the United Kingdom, in respect of the conduct constituting the

 

extradition offence.

 

(3)    

Matter B is that the responsible prosecutor has decided that there are

 

one or more such offences that correspond to the extradition offence

 

(the “corresponding offences”).

 

(4)    

Matter C is that—

 

(a)    

the responsible prosecutor has made a formal decision as to

 

the prosecution of D for the corresponding offences,

 

(b)    

that decision is that D should not be prosecuted for the

 

corresponding offences, and

 

(c)    

the reason for that decision is a belief that—

 

(i)    

there would be insufficient admissible evidence for

 

the prosecution; or

 

(ii)    

the prosecution would not be in the public interest.


 
 

Public Bill Committee Proceedings: 12 February 2013        

44

 

Crime and Courts Bill [Lords] continued

 
 

(5)    

Matter D is that the responsible prosecutor believes that D should not

 

be prosecuted for the corresponding offences because there are

 

concerns about the disclosure of sensitive material in—

 

(a)    

the prosecution of D for the corresponding offences, or

 

(b)    

any other proceedings.

 

(6)    

In relation to the extradition of any person to a category 1 territory,

 

neither this section nor any other rule of law (whether or not contained

 

in an enactment) may require a designated prosecutor—

 

(a)    

to consider any matter relevant to giving a prosecutor’s

 

certificate; or

 

(b)    

to consider whether to give a prosecutor’s certificate.

 

(7)    

In this section “sensitive material” means material which appears to

 

the responsible prosecutor to be sensitive, including material

 

appearing to be sensitive on grounds relating to—

 

(a)    

national security,

 

(b)    

international relations, or

 

(c)    

the prevention or detection of crime (including grounds

 

relating to the identification or activities of witnesses,

 

informants or any other persons supplying information to the

 

police or any other law enforcement agency who may be in

 

danger if their identities are revealed).

 

19E    

Questioning of prosecutor’s certificate

 

(1)    

No decision of a designated prosecutor relating to a prosecutor’s

 

certificate in respect of D’s extradition (a “relevant certification

 

decision”) may be questioned except on an appeal under section 26

 

against an order for that extradition.

 

(2)    

For the purpose of—

 

(a)    

determining whether to give permission for a relevant

 

certification decision to be questioned, and

 

(b)    

determining any such question (if that permission is given),

 

    

the High Court must apply the procedures and principles which would

 

be applied by it on an application for judicial review.

 

(3)    

In a case where the High Court quashes a prosecutor’s certificate, the

 

High Court is to decide the question of whether or not the extradition

 

is barred by reason of forum.

 

(4)    

Where the High Court is required to decide that question by virtue of

 

subsection (3)—

 

(a)    

sections 19B to 19D and this section apply in relation to that

 

decision (with the appropriate modifications) as they apply to

 

a decision by a judge; and

 

(b)    

in particular—

 

(i)    

a reference in this section to an appeal under section

 

26 has effect as a reference to an appeal under section

 

32 to the Supreme Court;

 

(ii)    

a reference in this section to the High Court has effect

 

as a reference to the Supreme Court.


 
 

Public Bill Committee Proceedings: 12 February 2013        

45

 

Crime and Courts Bill [Lords] continued

 
 

19F    

Interpretation of sections 19B to 19E

 

(1)    

This section applies for the purposes of sections 19B to 19E (and this

 

section).

 

(2)    

These expressions have the meanings given—

 

“D” has the meaning given in section 19B(1);

 

“designated prosecutor” means—

 

(a)    

a member of the Crown Prosecution Service, or

 

(b)    

any other person who—

 

(i)    

is a prosecutor designated for the purposes of

 

this section by order made by the Secretary of

 

State, or

 

(ii)    

is within a description of prosecutors so

 

designated;

 

“extradition offence” means the offence specified in the Part 1 warrant

 

(including the conduct that constitutes the extradition offence);

 

“forum proceedings” has the meaning given in section 19C(1);

 

“part of the United Kingdom” means—

 

(a)    

England and Wales;

 

(b)    

Scotland;

 

(c)    

Northern Ireland;

 

“prosecutor” means a person who has responsibility for prosecuting

 

offences in any part of the United Kingdom (whether or not the person

 

also has other responsibilities);

 

“prosecutor’s certificate” has the meaning given in section 19D(1);

 

“responsible prosecutor”, in relation to a prosecutor’s certificate,

 

means—

 

(a)    

the designated prosecutor giving the certificate, or

 

(b)    

another designated prosecutor.

 

(3)    

In determining for any purpose whether an offence corresponds to the

 

extradition offence, regard must be had, in particular, to the nature and

 

seriousness of the two offences.

 

(4)    

A reference to a formal decision as to the prosecution of D for an

 

offence is a reference to a decision (made after complying with, in

 

particular, any applicable requirement concerning a code of practice)

 

that D should, or should not, be prosecuted for the offence.”.

 

Extradition to category 2 territories

 

4          

Part 2 of the Extradition Act 2003 (extradition to category 2 territories) is

 

amended as follows.

 

5          

In section 79 (bars to extradition)—

 

(a)    

at the end of subsection (1) insert—

 

“(e)    

forum.”;

 

(b)    

after subsection (1) insert—

 

“(1A)    

But the judge is to decide whether the person’s extradition is

 

barred by reason of forum only in a case where the request for

 

extradition contains the statement referred to in section 70(4)

 

(warrant issued for purposes of prosecution for offence in

 

category 2 territory).”;


 
 

Public Bill Committee Proceedings: 12 February 2013        

46

 

Crime and Courts Bill [Lords] continued

 
 

(c)    

in subsection (2), for “Sections 80 to 83” substitute “Sections 80 to

 

83E”.

 

6          

After section 83 insert—

 

“83A  

Forum

 

(1)    

The extradition of a person (“D”) to a category 2 territory is barred by

 

reason of forum if the extradition would not be in the interests of

 

justice.

 

(2)    

For the purposes of this section, the extradition would not be in the

 

interests of justice if the judge—

 

(a)    

decides that a substantial measure of D’s relevant activity was

 

performed in the United Kingdom; and

 

(b)    

decides, having regard to the specified matters relating to the

 

interests of justice (and only those matters), that the

 

extradition should not take place.

 

(3)    

These are the specified matters relating to the interests of justice—

 

(a)    

the place where most of the loss or harm resulting from the

 

extradition offence occurred or was intended to occur;

 

(b)    

the interests of any victims of the extradition offence;

 

(c)    

any belief of a prosecutor that the United Kingdom, or a

 

particular part of the United Kingdom, is not an appropriate

 

jurisdiction in which to prosecute D in respect of the conduct

 

constituting the extradition offence;

 

(d)    

were D to be prosecuted in a part of the United Kingdom for

 

an offence that corresponds to the extradition offence,

 

whether evidence necessary to prove the offence is or could be

 

made available in the United Kingdom;

 

(e)    

the desirability and practicability of all prosecutions relating

 

to the extradition offence taking place in one jurisdiction,

 

having regard (in particular) to—

 

(i)    

the jurisdictions in which witnesses, co-defendants

 

and other suspects are located, and

 

(ii)    

the practicability of the evidence of such persons

 

being given in the United Kingdom or in jurisdictions

 

outside the United Kingdom;

 

(f)    

D’s connections with the United Kingdom.

 

(4)    

In deciding whether the extradition would not be in the interests of

 

justice, the judge must have regard to the desirability of not requiring

 

the disclosure of material which is subject to restrictions on disclosure

 

in the category 2 territory concerned.

 

(5)    

If, on an application by a prosecutor, it appears to the judge that the

 

prosecutor has considered the offences for which D could be

 

prosecuted in the United Kingdom, or a part of the United Kingdom,

 

in respect of the conduct constituting the extradition offence, the judge

 

must make that prosecutor a party to the proceedings on the question

 

of whether D’s extradition is barred by reason of forum.

 

(6)    

In this section “D’s relevant activity” means activity which is material

 

to the commission of the extradition offence and is alleged to have

 

been performed by D.


 
previous section contents continue
 

© Parliamentary copyright
Revised 13 February 2013