House of Commons Public Bill Committee Proceedings

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Public Bill Committee Proceedings: 16 July 2013
48

Anti-social Behaviour, continued

(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 —

(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the charge is withdrawn;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).

Public Bill Committee Proceedings: 16 July 2013
49

Anti-social Behaviour, continued

(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).

(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

Added  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

Added  nc29

To move the following Clause:—

‘(1)
For sections 64 and 65 of the Extradition Act 2003 there is substituted—

Public Bill Committee Proceedings: 16 July 2013
50

Anti-social Behaviour, continued

“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.

(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—

Public Bill Committee Proceedings: 16 July 2013
51

Anti-social Behaviour, continued

(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;

(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—



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