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| | Appointment of chief officers of police |
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| To move the following Clause:— |
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| | ‘(1) | Paragraph 2 of Schedule 8 to the Police Reform and Social Responsibility Act |
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| | 2011 (appointment of chief constables) is amended as follows. |
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| | (2) | In sub-paragraph (1)(a), for “is, or has been, a constable in any part of the United |
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| | Kingdom” there is substituted “is eligible for appointment”. |
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| | (3) | After sub-paragraph (1) there is inserted— |
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| | “(1A) | A person is eligible for appointment if the person is or has been— |
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| | (a) | a constable in any part of the United Kingdom, or |
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| | (b) | a police officer in an approved overseas police force, of at |
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| | (1B) | An “approved overseas police force” is a police force which— |
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| | (a) | is in a country or territory outside the United Kingdom |
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| | designated by the College of Policing, and |
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| | (b) | is designated in relation to that country or territory by the |
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| | (1C) | The “approved rank” for an approved overseas police force is the rank |
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| | which is designated as the approved rank for that police force by the |
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| | (1D) | The College of Policing must make designations under sub- |
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| | paragraphs (1B) and (1C), but must not do so without the approval of |
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| | (4) | Section 42 of that Act (appointment of Commissioner of Police of the Metropolis) |
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| | (5) | In subsection (3), for “is, or has been, a constable in any part of the United |
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| | Kingdom” there is substituted “is eligible for appointment”. |
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| | (6) | After subsection (3) there is inserted— |
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| | “(3A) | A person is eligible for appointment if the person is or has been— |
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| | (a) | a constable in any part of the United Kingdom, or |
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| | (b) | a police officer in an approved overseas police force, of at least |
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| | (3B) | An “approved overseas police force” is a police force which— |
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| | (a) | is in a country or territory outside the United Kingdom |
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| | designated by the College of Policing, and |
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| | (b) | is designated in relation to that country or territory by the College |
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| | (3C) | The “approved rank” for an approved overseas police force is the rank |
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| | which is designated as the approved rank for that police force by the |
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| | (3D) | The College of Policing must make designations under subsections (3B) |
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| | and (3C), but must not do so without the approval of the Secretary of |
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| | Retention of personal samples that are or may be disclosable |
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| To move the following Clause:— |
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| | ‘(1) | In section 63U of the Police and Criminal Evidence Act 1984 (fingerprints and |
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| | samples etc: exclusions from destruction rules)— |
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| | (a) | in subsection (5) (material that is or may become disclosable to the |
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| | defence), for “Sections 63D to 63Q, 63S and 63T” there is substituted |
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| | (b) | after that subsection there is inserted— |
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| | (a) | falls within subsection (5), and |
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| | (b) | but for that subsection would be required to be destroyed |
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| | | must not be used other than for the purposes of any proceedings |
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| | for the offence in connection with which the sample was taken. |
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| | (5B) | A sample that once fell within subsection (5) but no longer does, |
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| | and so becomes a sample to which section 63R applies, must be |
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| | destroyed immediately if the time specified for its destruction |
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| | under that section has already passed.” |
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| | (2) | In Schedule 8 to the Terrorism Act 2000 (detention of terrorist suspects etc), in |
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| | paragraph 20I (substituted by paragraph 1 of Schedule 1 to the Protection of |
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| | Freedoms Act 2012) (fingerprints and samples etc: exclusion from destruction |
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| | rules of material that is or may become disclosable to the defence)— |
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| | (a) | for “Paragraphs 20A to 20F and 20H do not apply to paragraph 20A |
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| | material” there is substituted “Paragraphs 20A to 20H do not apply to |
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| | (b) | at the end of that paragraph (which becomes sub-paragraph (1)) there is |
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| | (a) | falls within sub-paragraph (1), and |
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| | (b) | but for that sub-paragraph would be required to be |
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| | destroyed under paragraph 20G, |
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| | | must not be used other than for the purposes of any |
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| | proceedings for the offence in connection with which the |
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| | (3) | A sample that once fell within sub-paragraph (1) but no longer |
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| | does, and so becomes a sample to which paragraph 20G |
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| | applies, must be destroyed immediately if the time specified |
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| | for its destruction under that paragraph has already passed.”’. |
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| | Powers to seize invalid passports etc |
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| To move the following Clause:— |
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| | ‘Schedule [Powers to seize invalid passports etc] (powers to seize invalid |
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| | passports etc) has effect.’. |
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| To move the following Clause:— |
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| | ‘(1) | In section 11 of the Extradition Act 2003 (bars to extradition), in subsection (5), |
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| | for “21” there is substituted “21A”. |
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| | (2) | After section 21 of that Act there is inserted— |
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| | “21A | Person not convicted: human rights and proportionality |
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| | (1) | If the judge is required to proceed under this section (by virtue of section |
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| | 11), the judge must decide both of the following questions in respect of |
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| | the extradition of the person (“D”)— |
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| | (a) | whether the extradition would be compatible with the |
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| | Convention rights within the meaning of the Human Rights Act |
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| | (b) | whether the extradition would be disproportionate. |
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| | (2) | In deciding whether the extradition would be disproportionate, the judge |
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| | must take into account the specified matters relating to proportionality |
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| | (so far as the judge thinks it appropriate to do so); but the judge must not |
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| | take any other matters into account. |
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| | (3) | These are the specified matters relating to proportionality— |
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| | (a) | the seriousness of the conduct alleged to constitute the |
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| | (b) | the likely penalty that would be imposed if D was found guilty |
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| | of the extradition offence; |
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| | (c) | the possibility of the relevant foreign authorities taking measures |
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| | that would be less coercive than the extradition of D. |
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| | (4) | The judge must order D’s discharge if the judge makes one or both of |
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| | (a) | that the extradition would not be compatible with the Convention |
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| | (b) | that the extradition would be disproportionate. |
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| | (5) | The judge must order D to be extradited to the category 1 territory in |
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| | which the warrant was issued if the judge makes both of these |
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| | (a) | that the extradition would be compatible with the Convention |
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| | (b) | that the extradition would not be disproportionate. |
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| | (6) | If the judge makes an order under subsection (5) he must remand the |
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| | person in custody or on bail to wait for extradition to the category 1 |
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| | (7) | If the person is remanded in custody, the appropriate judge may later |
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| | (8) | In this section “relevant foreign authorities” means the authorities in the |
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| | territory to which D would be extradited if the extradition went ahead.” |
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| | (3) | In deciding any question whether section 21A of the Extradition Act 2003 is |
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| | compatible with European Union law, regard must be had (in particular) to |
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| | Article 1(3) of the framework decision of the Council of the European Union |
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| | made on 13 June 2002 on the European arrest warrant and the surrender |
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| | procedures between member states (2002/584/JHA) (which provides that that |
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| | decision shall not have the effect of modifying the obligation to respect |
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| | fundamental rights and fundamental legal principles as enshrined in Article 6 of |
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| | the Treaty on European Union). |
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| | (4) | In a case where the Part 1 warrant (within the meaning of the Extradition Act |
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| | 2003) has been issued before the time when the amendments made by this section |
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| | come into force, those amendments apply to the extradition concerned only if, at |
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| | that time, the judge has not yet decided all of the questions in section 11(1) of that |
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| | Extradition barred if no prosecution decision in requesting territory |
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| To move the following Clause:— |
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| | ‘(1) | In section 11 of the Extradition Act 2003 (bars to extradition), after paragraph (a) |
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| | of subsection (1) there is inserted— |
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| | “(aa) | absence of prosecution decision;”. |
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| | (2) | After section 12 of that Act there is inserted— |
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| | “12A | Absence of prosecution decision |
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| | (1) | A person’s extradition to a category 1 territory is barred by reason of |
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| | absence of prosecution decision if (and only if)— |
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| | (a) | it appears to the appropriate judge that there are reasonable |
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| | grounds for believing that— |
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| | (i) | the competent authorities in the category 1 territory have |
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| | not made a decision to charge or have not made a |
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| | decision to try (or have made neither of those decisions), |
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| | (ii) | the person’s absence from the category 1 territory is not |
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| | the sole reason for that failure, |
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| | (b) | those representing the category 1 territory do not prove that— |
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| | (i) | the competent authorities in the category 1 territory have |
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| | made a decision to charge and a decision to try, or |
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| | (ii) | in a case where one of those decisions has not been made |
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| | (or neither of them has been made), the person’s absence |
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| | from the category 1 territory is the sole reason for that |
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| | (2) | In this section “to charge” and “to try”, in relation to a person and an |
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| | extradition offence, mean— |
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| | (a) | to charge the person with the offence in the category 1 territory, |
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| | (b) | to try the person for the offence in the category 1 territory.” |
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| | (3) | In a case where the Part 1 warrant (within the meaning of the Extradition Act |
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| | 2003) has been issued before the time when the amendments made by this section |
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| | come into force, those amendments apply to the extradition concerned only if, at |
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| | that time, the judge has not yet decided all of the questions in section 11(1) of that |
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| | Hostage-taking considerations |
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| To move the following Clause:— |
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| | ‘(1) | Section 16 of the Extradition Act 2003 (extradition to category 1 territory barred |
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| | by reason of hostage-taking considerations) is repealed. |
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| | (2) | In section 11 of that Act (bars to extradition), paragraph (e) of subsection (1) is |
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| | (3) | In a case where the Part 1 warrant (within the meaning of the Extradition Act |
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| | 2003) has been issued before the time when the amendments made by this section |
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| | come into force, those amendments apply to the extradition concerned only if, at |
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| | that time, the judge has not yet decided all of the questions in section 11(1) of that |
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| | Request for temporary transfer etc |
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| To move the following Clause:— |
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| | ‘Before section 22 of the Extradition Act 2003 there is inserted— |
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| | “21B | Request for temporary transfer etc |
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| | (1) | This section applies if— |
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| | (a) | a Part 1 warrant is issued which contains the statement referred |
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| | to in section 2(3) (warrant issued for purposes of prosecution for |
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| | offence in category 1 territory), and |
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| | (b) | at any time before or in the extradition hearing, the appropriate |
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| | judge is informed that a request under subsection (2) or (3) has |
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| | (2) | A request under this subsection is a request by a judicial authority of the |
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| | category 1 territory in which the warrant is issued (“the requesting |
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| | (a) | that the person in respect of whom the warrant is issued be |
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| | temporarily transferred to the requesting territory, or |
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| | (b) | that arrangements be made to enable the person to speak with |
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| | representatives of an authority in the requesting territory |
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| | responsible for investigating, prosecuting or trying the offence |
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| | specified in the warrant. |
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| | (3) | A request under this subsection is a request by the person in respect of |
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| | whom the warrant is issued— |
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| | (a) | to be temporarily transferred to the requesting territory, or |
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| | (b) | that arrangements be made to enable the person to speak with |
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| | representatives of an authority in the requesting territory |
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| | responsible for investigating, prosecuting or trying the offence |
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| | specified in the warrant. |
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| | (4) | The judge must order further proceedings in respect of the extradition to |
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| | be adjourned if the judge thinks it necessary to do so to enable the person |
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| | (in the case of a request under subsection (2)) or the authority by which |
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| | the warrant is issued (in the case of a request under subsection (3)) to |
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| | consider whether to consent to the request. |
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| | | An adjournment under this subsection must not be for more than 7 days. |
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| | (5) | If the person or authority consents to the request, the judge must— |
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| | (a) | make whatever orders and directions seem appropriate for giving |
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| | (b) | order further proceedings in respect of the extradition to be |
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| | adjourned for however long seems necessary to enable the orders |
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| | and directions to be carried out. |
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| | (6) | If the request, or consent to the request, is withdrawn before effect (or full |
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| | effect) has been given to it— |
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| | (a) | no steps (or further steps) may be taken to give effect to the |
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| | (b) | the judge may make whatever further orders and directions seem |
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| | appropriate (including an order superseding one made under |
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| | (7) | A person may not make a request under paragraph (a) or (b) of subsection |
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| | (3) in respect of a warrant if the person has already given consent to a |
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| | request under the corresponding paragraph of subsection (2) in respect of |
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| | that warrant (even if that consent has been withdrawn). |
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| | (8) | A person may not make a further request under paragraph (a) or (b) of |
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| | subsection (3) in respect of a warrant if the person has already made a |
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| | request under that paragraph in respect of that warrant (even if that |
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| | request has been withdrawn). |
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| | (a) | a request under subsection (2) or (3) is made before a date has |
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| | been fixed on which the extradition hearing is to begin, and |
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| | (b) | the proceedings are adjourned under this section, |
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| | | the permitted period for the purposes of fixing that date (see section 8(4)) |
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| | is extended by the number of days for which the proceedings are so |
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| | Judge informed after extradition hearing or order that person charged with offence or |
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| | serving sentence in United Kingdom |
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| To move the following Clause:— |
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| | ‘(1) | After section 36 of the Extradition Act 2003 there is inserted— |
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| | “36A | Judge informed after extradition hearing that person charged with |
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| | offence in United Kingdom |
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| | (1) | This section applies if— |
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| | (a) | an order has been made for the extradition of the person in |
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| | respect of whom the Part 1 warrant is issued, and |
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| | (b) | before the extradition order is carried out the appropriate judge |
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| | is informed that the person is charged with an offence in the |
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| | (2) | The appropriate judge must order the extradition order not to be carried |
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| | out until one of these occurs— |
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| | (a) | the charge is disposed of; |
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| | (b) | the charge is withdrawn; |
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| | (c) | proceedings in respect of the charge are discontinued; |
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| | (d) | an order is made for the charge to lie on the file, or in relation to |
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| | Scotland, the diet is deserted pro loco et tempore. |
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