Session 2013 - 14
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Other Bills before Parliament


 
 

Public Bill Committee: 16 July 2013                     

194

 

Anti-social Behaviour, continued

 
 

Judge informed after extradition hearing or order that person charged with offence or

 

serving sentence in United Kingdom

 

Mr Jeremy Browne

 

nc27

 

To move the following Clause:—

 

‘(1)    

After section 36 of the Extradition Act 2003 there is inserted—

 

“36A  

Judge informed after extradition hearing that person charged with

 

offence in United Kingdom

 

(1)    

This section applies if—

 

(a)    

an order has been made for the extradition of the person in

 

respect of whom the Part 1 warrant is issued, and

 

(b)    

before the extradition order is carried out the appropriate judge

 

is informed that the person is charged with an offence in the

 

United Kingdom.

 

(2)    

The appropriate judge must order the extradition order not to be carried

 

out until one of these occurs—

 

(a)    

the charge is disposed of;

 

(b)    

the charge is withdrawn;

 

(c)    

proceedings in respect of the charge are discontinued;

 

(d)    

an order is made for the charge to lie on the file, or in relation to

 

Scotland, the diet is deserted pro loco et tempore.

 

(3)    

If a sentence of imprisonment or another form of detention is imposed in

 

respect of the offence charged, the appropriate judge may order the

 

extradition order not to be carried out until the person is released from

 

detention pursuant to the sentence (whether on licence or otherwise).

 

(4)    

Rules of court may provide that where there is an appeal against the

 

extradition order —

 

(a)    

a reference in this section to the appropriate judge has effect, in

 

prescribed circumstances, as if it were a reference to the court

 

hearing the appeal, and

 

(b)    

this section has effect with any other prescribed modifications.

 

36B    

Judge informed after extradition hearing that person serving sentence

 

in United Kingdom

 

(1)    

This section applies if—

 

(a)    

an order has been made for the extradition of the person in

 

respect of whom the Part 1 warrant is issued, and

 

(b)    

before the extradition order is carried out the appropriate judge

 

is informed that the person is serving a sentence of imprisonment

 

or another form of detention in the United Kingdom.

 

(2)    

The appropriate judge may order the extradition order not to be carried

 

out until the person is released from detention pursuant to the sentence

 

(whether on licence or otherwise).

 

(3)    

Rules of court may provide that where there is an appeal against the

 

extradition order —


 
 

Public Bill Committee: 16 July 2013                     

195

 

Anti-social Behaviour, continued

 
 

(a)    

a reference in this section to the appropriate judge has effect, in

 

prescribed circumstances, as if it were a reference to the court

 

hearing the appeal, and

 

(b)    

this section has effect with any other prescribed modifications.”

 

(2)    

After section 118 of that Act there is inserted—

 

“118A

 Judge informed after extradition order that person charged with

 

offence in United Kingdom

 

(1)    

This section applies if—

 

(a)    

the Secretary of State has made an order for a person’s

 

extradition under this Part, and

 

(b)    

before the extradition order is carried out the appropriate judge

 

is informed that the person is charged with an offence in the

 

United Kingdom.

 

(2)    

The appropriate judge must order the extradition order not to be carried

 

out until one of these occurs—

 

(a)    

the charge is disposed of;

 

(b)    

the charge is withdrawn;

 

(c)    

proceedings in respect of the charge are discontinued;

 

(d)    

an order is made for the charge to lie on the file, or in relation to

 

Scotland, the diet is deserted pro loco et tempore.

 

(3)    

If a sentence of imprisonment or another form of detention is imposed in

 

respect of the offence charged, the appropriate judge may order the

 

extradition order not to be carried out until the person is released from

 

detention pursuant to the sentence (whether on licence or otherwise).

 

(4)    

Rules of court may provide that where there is an appeal against the

 

extradition order —

 

(a)    

a reference in this section to the appropriate judge has effect, in

 

prescribed circumstances, as if it were a reference to the court

 

hearing the appeal, and

 

(b)    

this section has effect with any other prescribed modifications.

 

118B  

Judge informed after extradition order that person serving sentence

 

in United Kingdom

 

(1)    

This section applies if—

 

(a)    

the Secretary of State has made an order for a person’s

 

extradition under this Part, and

 

(b)    

before the extradition order is carried out the appropriate judge

 

is informed that the person is serving a sentence of imprisonment

 

or another form of detention in the United Kingdom.

 

(2)    

The appropriate judge may order the extradition order not to be carried

 

out until the person is released from detention pursuant to the sentence

 

(whether on licence or otherwise).


 
 

Public Bill Committee: 16 July 2013                     

196

 

Anti-social Behaviour, continued

 
 

(3)    

Rules of court may provide that where there is an appeal against the

 

extradition order —

 

(a)    

a reference in this section to the appropriate judge has effect, in

 

prescribed circumstances, as if it were a reference to the court

 

hearing the appeal, and

 

(b)    

this section has effect with any other prescribed modifications.”’.

 


 

Consent to extradition not to be taken as waiver of speciality rights

 

Mr Jeremy Browne

 

nc28

 

To move the following Clause:—

 

‘In the Extradition Act 2003 the following provisions are repealed—

 

(a)    

section 45(3);

 

(b)    

section 128(5).’.

 


 

Definition of “extradition offence”

 

Mr Jeremy Browne

 

nc29

 

To move the following Clause:—

 

‘(1)    

For sections 64 and 65 of the Extradition Act 2003 there is substituted—

 

“64    

Extradition offences: person not sentenced for offence

 

(1)    

This section sets out whether a person’s conduct constitutes an

 

“extradition offence” for the purposes of this Part in a case where the

 

person—

 

(a)    

is accused in a category 1 territory of an offence constituted by

 

the conduct, or

 

(b)    

has been convicted in that territory of an offence constituted by

 

the conduct but not sentenced for it.

 

(2)    

The conduct constitutes an extradition offence in relation to the category

 

1 territory if the conditions in subsection (3), (4) or (5) are satisfied.

 

(3)    

The conditions in this subsection are that—

 

(a)    

the conduct occurs in the category 1 territory;

 

(b)    

the conduct would constitute an offence under the law of the

 

relevant part of the United Kingdom if it occurred in that part of

 

the United Kingdom;

 

(c)    

the conduct is punishable under the law of the category 1

 

territory with imprisonment or another form of detention for a

 

term of 12 months or a greater punishment.


 
 

Public Bill Committee: 16 July 2013                     

197

 

Anti-social Behaviour, continued

 
 

(4)    

The conditions in this subsection are that—

 

(a)    

the conduct occurs outside the category 1 territory;

 

(b)    

in corresponding circumstances equivalent conduct would

 

constitute an extra-territorial offence under the law of the

 

relevant part of the United Kingdom;

 

(c)    

the conduct is punishable under the law of the category 1

 

territory with imprisonment or another form of detention for a

 

term of 12 months or a greater punishment.

 

(5)    

The conditions in this subsection are that—

 

(a)    

the conduct occurs in the category 1 territory;

 

(b)    

no part of the conduct occurs in the United Kingdom;

 

(c)    

a certificate issued by an appropriate authority of the category 1

 

territory shows that the conduct falls within the European

 

framework list;

 

(d)    

the certificate shows that the conduct is punishable under the law

 

of the category 1 territory with imprisonment or another form of

 

detention for a term of 3 years or a greater punishment.

 

(6)    

For the purposes of subsections (3)(b) and (4)(b)—

 

(a)    

if the conduct relates to a tax or duty, it does not matter whether

 

the law of the relevant part of the United Kingdom imposes the

 

same kind of tax or duty or contains rules of the same kind as

 

those of the law of the category 1 territory;

 

(b)    

if the conduct relates to customs or exchange, it does not matter

 

whether the law of the relevant part of the United Kingdom

 

contains rules of the same kind as those of the law of the category

 

1 territory.

 

65      

Extradition offences: person sentenced for offence

 

(1)    

This section sets out whether a person’s conduct constitutes an

 

“extradition offence” for the purposes of this Part in a case where the

 

person—

 

(a)    

has been convicted in a category 1 territory of an offence

 

constituted by the conduct, and

 

(b)    

has been sentenced for the offence.

 

(2)    

The conduct constitutes an extradition offence in relation to the category

 

1 territory if the conditions in subsection (3), (4) or (5) are satisfied.

 

(3)    

The conditions in this subsection are that—

 

(a)    

the conduct occurs in the category 1 territory;

 

(b)    

the conduct would constitute an offence under the law of the

 

relevant part of the United Kingdom if it occurred in that part of

 

the United Kingdom;

 

(c)    

a sentence of imprisonment or another form of detention for a

 

term of 4 months or a greater punishment has been imposed in

 

the category 1 territory in respect of the conduct.

 

(4)    

The conditions in this subsection are that—

 

(a)    

the conduct occurs outside the category 1 territory;

 

(b)    

in corresponding circumstances equivalent conduct would

 

constitute an extra-territorial offence under the law of the

 

relevant part of the United Kingdom;


 
 

Public Bill Committee: 16 July 2013                     

198

 

Anti-social Behaviour, continued

 
 

(c)    

a sentence of imprisonment or another form of detention for a

 

term of 4 months or a greater punishment has been imposed in

 

the category 1 territory in respect of the conduct.

 

(5)    

The conditions in this subsection are that—

 

(a)    

the conduct occurs in the category 1 territory;

 

(b)    

no part of the conduct occurs in the United Kingdom;

 

(c)    

a certificate issued by an appropriate authority of the category 1

 

territory shows that the conduct falls within the European

 

framework list;

 

(d)    

the certificate shows that a sentence of imprisonment or another

 

form of detention for a term of 4 months or a greater punishment

 

has been imposed in the category 1 territory in respect of the

 

conduct.

 

(6)    

For the purposes of subsections (3)(b) and (4)(b)—

 

(a)    

if the conduct relates to a tax or duty, it does not matter whether

 

the law of the relevant part of the United Kingdom imposes the

 

same kind of tax or duty or contains rules of the same kind as

 

those of the law of the category 1 territory;

 

(b)    

if the conduct relates to customs or exchange, it does not matter

 

whether the law of the relevant part of the United Kingdom

 

contains rules of the same kind as those of the law of the category

 

1 territory.”

 

(2)    

In section 66 (supplementary provision for the purposes of sections 64 and 65)

 

after subsection (1) there is inserted—

 

“(1A)    

References to “conduct” (except in the expression “equivalent conduct”)

 

are to the conduct specified in the Part 1 warrant.”

 

(3)    

In section 137 of that Act (definition of extradition offence for the purposes of

 

Part 2 of the Act: person not sentenced for offence) for subsections (1) to (5) there

 

is substituted—

 

“(1)    

This section sets out whether a person’s conduct constitutes an

 

“extradition offence” for the purposes of this Part in a case where the

 

person—

 

(a)    

is accused in a category 2 territory of an offence constituted by

 

the conduct, or

 

(b)    

has been convicted in that territory of an offence constituted by

 

the conduct but not sentenced for it.

 

(2)    

The conduct constitutes an extradition offence in relation to the category

 

2 territory if the conditions in subsection (3), (4) or (5) are satisfied.

 

(3)    

The conditions in this subsection are that—

 

(a)    

the conduct occurs in the category 2 territory;

 

(b)    

the conduct would constitute an offence under the law of the

 

relevant part of the United Kingdom punishable with

 

imprisonment or another form of detention for a term of 12

 

months or a greater punishment if it occurred in that part of the

 

United Kingdom;

 

(c)    

the conduct is so punishable under the law of the category 2

 

territory.

 

(4)    

The conditions in this subsection are that—

 

(a)    

the conduct occurs outside the category 2 territory;


 
 

Public Bill Committee: 16 July 2013                     

199

 

Anti-social Behaviour, continued

 
 

(b)    

in corresponding circumstances equivalent conduct would

 

constitute an extra-territorial offence under the law of the

 

relevant part of the United Kingdom punishable with

 

imprisonment or another form of detention for a term of 12

 

months or a greater punishment;

 

(c)    

the conduct is so punishable under the law of the category 2

 

territory.

 

(5)    

The conditions in this subsection are that—

 

(a)    

the conduct occurs outside the category 2 territory;

 

(b)    

no part of the conduct occurs in the United Kingdom;

 

(c)    

the conduct constitutes, or if committed in the United Kingdom

 

would constitute, an offence mentioned in subsection (6);

 

(d)    

the conduct is punishable under the law of the category 2

 

territory with imprisonment or another form of detention for a

 

term of 12 months or a greater punishment.”

 

(4)    

After subsection (7) of that section there is inserted—

 

“(7A)    

References in this section to “conduct” (except in the expression

 

“equivalent conduct”) are to the conduct specified in the request for the

 

person’s extradition”.

 

(5)    

In section 138 of that Act (definition of “extradition offence” for the purposes of

 

Part 2 of the Act: person sentenced for offence) for subsections (1) to (5) there is

 

substituted—

 

“(1)    

This section sets out whether a person’s conduct constitutes an

 

“extradition offence” for the purposes of this Part in a case where

 

the person—

 

(a)    

has been convicted, in the category 2 territory to which

 

extradition is requested, of an offence constituted by the

 

conduct, and

 

(b)    

has been sentenced for the offence.

 

(2)    

The conduct constitutes an extradition offence in relation to the

 

category 2 territory if the conditions in subsection (3), (4) or (5)

 

are satisfied.

 

(3)    

The conditions in this subsection are that—

 

(a)    

the conduct occurs in the category 2 territory;

 

(b)    

the conduct would constitute an offence under the law of

 

the relevant part of the United Kingdom punishable with

 

imprisonment or another form of detention for a term of

 

12 months or a greater punishment if it occurred in that

 

part of the United Kingdom;

 

(c)    

a sentence of imprisonment or another form of detention

 

for a term of 4 months or a greater punishment has been

 

imposed in the category 2 territory in respect of the

 

conduct.

 

(4)    

The conditions in this subsection are—

 

(a)    

the conduct occurs outside the category 2 territory;

 

(b)    

in corresponding circumstances equivalent conduct

 

would constitute an extra-territorial offence under the

 

relevant part of the United Kingdom punishable as

 

mentioned in subsection (3)(b);


 
 

Public Bill Committee: 16 July 2013                     

200

 

Anti-social Behaviour, continued

 
 

(c)    

a sentence of imprisonment or another form of detention

 

for a term of 4 months or a greater punishment has been

 

imposed in the category 2 territory in respect of the

 

conduct.

 

(5)    

The conditions in this subsection are that—

 

(a)    

the conduct occurs outside the category 2 territory;

 

(b)    

no part of the conduct occurs in the United Kingdom;

 

(c)    

the conduct constitutes, or if committed in the United

 

Kingdom would constitute, an offence mentioned in

 

subsection (6);

 

(d)    

a sentence of imprisonment or another form of detention

 

for a term of 4 months or a greater punishment has been

 

imposed in the category 2 territory in respect of the

 

conduct.”

 

(6)    

After subsection (7) of that section there is inserted—

 

“(7A)    

References in this section to “conduct” (except in the expression

 

“equivalent conduct”) are to the conduct specified in the request for the

 

person’s extradition”.’.

 


 

Criminal Procedure Rules to apply to extradition proceedings etc

 

Mr Jeremy Browne

 

nc30

 

To move the following Clause:—

 

‘(1)    

In section 68 of the Courts Act 2003 (Criminal Procedure Rules: meaning of

 

“criminal court”), at the end there is inserted—

 

“(c)    

the High Court in relation to its jurisdiction under the Extradition

 

Act 2003.”

 

(2)    

In section 1 of the Civil Procedure Act 1997 (Civil Procedure Rules), in

 

subsection (1)(b), after “the High Court” there is inserted “except in relation to its

 

jurisdiction under the Extradition Act 2003”.

 

(3)    

In section 157 of the Extradition Act 2003 (production orders), after subsection

 

(8) there is inserted—

 

“(9)    

Criminal Procedure Rules may make provision about applications under

 

this section to a circuit judge.”

 

(4)    

In section 160 of that Act (warrants: special procedure material and excluded

 

material), after subsection (9) there is inserted—

 

“(10)    

Criminal Procedure Rules may make provision about applications under

 

this section to a circuit judge.”’.

 



 
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Revised 16 July 2013