Anti-social Behaviour, Crime and Policing Bill (HL Bill 52)

(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
5hearing 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) 10This 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
15United 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(b) the charge is withdrawn;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) 20proceedings 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
25extradition 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
30prescribed 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) 35This 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
40imprisonment 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) 45Rules 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.”

143 5Asylum etc

(1) In section 39 of the Extradition Act 2003 (asylum claim: extradition to category
1 territory)—

(a) subsections (1) and (2) are repealed;

(b) in subsection (3), for “The person” there is substituted “If—

“(a) 10an order is made under this Part for a person to be
extradited in pursuance of a Part 1 warrant, and

(b) the person has made an asylum claim (whether before or
after the issue of the warrant),

the person”.

(2) 15In section 121 of that Act (asylum claim: extradition to category 2 territory)—

(a) subsections (1) and (2) are repealed;

(b) in subsection (3), for “The person” there is substituted “If—

“(a) an order is made under this Part for a person to be
extradited in pursuance of a request, and

(b) 20the person has made an asylum claim (whether before or
after the making of the request),

the person”.

(3) In section 93 of that Act (Secretary of State’s consideration of case)—

(a) in subsection (4)(c), after “he orders the person’s discharge” there is
25inserted “under subsection (6A) or”;

(b) after subsection (6) there is inserted—

“(6A) The Secretary of State may order the person’s discharge if the
person—

(a) has been recorded by the Secretary of State as a refugee
30within the meaning of the Refugee Convention, or

(b) has been granted leave to enter or remain in the United
Kingdom on the ground that it would be a breach of
Article 2 or 3 of the Human Rights Convention to
remove the person to the territory to which extradition
35is requested.”

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

In the Extradition Act 2003 the following provisions are repealed—

(a) section 45(3);

(b) section 128(5).

145 Definition of “extradition offence”

(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
5“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
10the 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) 15the 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
20territory 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
25constitute 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) 30The 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
35framework 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) 40if 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
45whether 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) 5has 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
10satisfied.

(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
15of 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) 20the 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
25term 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) 30a 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
35punishment 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
40same 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
45category 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
5Part 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) 10is 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
15category 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
20relevant 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
25territory.

(4) The conditions in this subsection are that—

(a) the conduct occurs outside the category 2 territory;

(b) in corresponding circumstances equivalent conduct would
constitute an extra-territorial offence under the law of the
30relevant 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) 35The 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) 40the 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
45“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
5“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) 10has 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) 15the 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
20in 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) 25The 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
30mentioned in subsection (3)(b);

(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) 35The 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
40subsection (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) 45After 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”.

146 Proceedings on deferred warrant or request etc

(1) In section 180 of the Extradition Act 2003 (proceedings on deferred warrant or
request)—

(a) in subsection (1), at the end of paragraph (b) there is inserted “in the
5person’s favour”;

(b) after subsection (9) there is inserted—

“(10) An extradition claim made in respect of a person is disposed of
in the person’s favour if—

(a) in the case of a Part 1 warrant, the warrant is disposed of
10as mentioned in subsection (1)(a) or (b) of section 213;

(b) in the case of a request for extradition, the request is
disposed of as mentioned in subsection (2)(a) or (b) of
that section.”

(2) In section 181 of that Act (proceedings where extradition deferred)—

(a) 15in subsection (1), at the end of paragraph (b) there is inserted “in the
person’s favour”;

(b) after subsection (9) there is inserted—

“(10) An extradition claim made in respect of a person is disposed of
in the person’s favour if—

(a) 20in the case of a Part 1 warrant, the warrant is disposed of
as mentioned in subsection (1)(a) or (b) of section 213;

(b) in the case of a request for extradition, the request is
disposed of as mentioned in subsection (2)(a) or (b) of
that section.”

147 25Non-UK extradition: transit through the United Kingdom

After section 189 of the Extradition Act 2003 there is inserted—

“Non-UK extradition: transit through the United Kingdom

189A Facilitating transit through the United Kingdom

(1) The relevant UK authority may issue a transit certificate in relation to
30the non-UK extradition of a person if that authority has been requested
to facilitate the transit of the person through the United Kingdom for
the purposes of the extradition.

(2) If the relevant UK authority issues a transit certificate in relation to the
non-UK extradition of a person, an authorised officer may do any or all
35of the following—

(a) escort the person from, or to, any means of transport used for
the purposes of the extradition;

(b) take the person into custody to facilitate the transit of the person
through the United Kingdom for the purposes of the
40extradition;

(c) search the person, and any item in the possession of the person,
for any item which the person might use to cause physical
injury to that person or any other person;

(d) in a case where the person has been taken into custody under
45paragraph (b), search the person, and any item in the possession

of the person, for any item which the person might use to escape
from custody.

(3) An authorised officer searching a person in the exercise of a power
conferred by subsection (2)(c) or (d) may seize any item found if the
5officer has reasonable grounds for believing that the person searched
might use the item—

(a) to cause physical injury to that person or any other person; or

(b) in a case where the person has been taken into custody, to
escape from custody.

(4) 10If no request is made under subsection (1) in relation to the non-UK
extradition of a person, or if such a request is made but a transit
certificate is not issued, that does not—

(a) prevent the transit of the person through the United Kingdom
for the purposes of the extradition; or

(b) 15affect the powers which an authorised officer has (otherwise
than under this section) in relation to the person while in the
United Kingdom.

189B Unscheduled arrival in the United Kingdom

(1) This section applies in a case where—

(a) 20a person is being extradited,

(b) the extradition is a non-UK extradition, and

(c) the person makes an unscheduled arrival in the United
Kingdom.

(2) An authorised officer may do any or all of the following—

(a) 25take the person into custody to facilitate the transit of the person
through the United Kingdom for the purposes of the
extradition;

(b) search the person, and any item in the possession of the person,
for any item which the person might use to cause physical
30injury to that person or any other person;

(c) in a case where the person has been taken into custody under
paragraph (a), search the person, and any item in the possession
of the person, for any item which the person might use to escape
from custody.

(3) 35Any power conferred by subsection (2) may be exercised—

(a) upon the unscheduled arrival, or

(b) at any later time when the person is still in the United Kingdom
after the unscheduled arrival.

(4) A person taken into custody under this section may be kept in custody
40until the expiry of the period of 72 hours beginning with the time when
the person is taken (or first taken) into custody under this section.

(5) But if a transit certificate is issued under section 189A in respect of the
non-UK extradition of the person, the person must not be kept in
custody under this section after the issue of the certificate.

(6) 45Subsection (5) does not prevent the person from being taken into
custody under section 189A.

(7) An authorised officer searching a person in the exercise of a power
conferred by subsection (2)(b) or (c) may seize any item found if the
officer has reasonable grounds for believing that the person searched
might use the item—

(a) 5to cause physical injury to that person or any other person; or

(b) in a case where the person has been taken into custody, to
escape from custody.

189C Exercise of the extradition transit powers

(1) The extradition transit powers include power to use reasonable force
10when necessary.

(2) An authorised officer may not, when exercising a relevant search
power, require a person to remove any clothing other than an outer
coat, jacket, headgear or gloves.

(3) Any item seized from a person in the exercise of a relevant search
15power may be retained while the person is in transit through the United
Kingdom.

189D Codes of practice

(1) The Secretary of State must issue a code of practice in connection
with—

(a) 20the exercise of extradition transit powers;

(b) the retention, use and return of anything seized under a
relevant search power.

(2) If the Secretary of State proposes to issue a code of practice under this
section the Secretary of State must—

(a) 25publish a draft of the code;

(b) consider any representations made to the Secretary of State
about the draft;

(c) if the Secretary of State thinks it appropriate, modify the draft in
the light of any such representations.

(3) 30The Secretary of State must lay the code before Parliament.

(4) After doing so the Secretary of State may bring the code into operation
by order.

(5) The Secretary of State may revise the whole or any part of a code issued
under this section and issue the code as revised; and subsections (2) to
35(4) apply to such a revised code as they apply to the original code.

(6) A failure by an authorised officer to comply with a provision of a code
issued under this section does not of itself make the authorised officer
liable to criminal or civil proceedings.

(7) A code issued under this section is admissible in evidence in any
40proceedings and must be taken into account by a court in determining
any question to which it appears to the court to be relevant.

(8) If the Secretary of State publishes a draft code of practice in connection
with a matter specified in subsection (1) before the date on which this
section comes into force—

(a) the draft is as effective as one published under subsection (2) on
or after that date;

(b) representations made to the Secretary of State about the draft
before that date are as effective as such representations made
5after that date;

(c) modifications made by the Secretary of State to the draft in the
light of any such representations before that date are as effective
as any such modifications made on or after that date.

189E Sections 189A to 189D: interpretation

(1) 10An “authorised officer” is—

(a) a constable, or

(b) a person who is of a description specified by the Secretary of
State by order.

(2) A National Crime Agency officer, prison officer, or any other person
15who has the powers of a constable (but is not a constable)—

(a) does not have the extradition transit powers by virtue of having
the powers of a constable; and

(b) accordingly, has the extradition transit powers only if the
person is of a description specified under subsection (1)(b).

(3) 20These expressions have the meanings given—

• “extradition transit powers” means the powers under—

  (a)

  section 189A (except the power to issue transit
  certificates), and

  (b)

  section 189B;

• 25“foreign territory” means a territory outside the United Kingdom;

• “non-UK extradition” means extradition from one foreign
  territory to another foreign territory;

• “relevant search power” means a power of search under—

  (a)

  section 189A(2)(c) or (d), or

  (b)

  30section 189B(2)(b) or (c);

• “relevant UK authority” means—

  (a)

  the National Crime Agency (in the case of a non-UK
  extradition to a category 1 territory), or

  (b)

  the Secretary of State (in any other case).

(4) 35A reference to the transit of a person through the United Kingdom is a
reference to the person arriving in, being in, and departing from the
United Kingdom (whether or not the person travels within the United
Kingdom between arrival and departure).

(5) This section applies for the purposes of section 189A to 189D (and this
40section).”

148 Extradition to a territory that is party to an international Convention

For section 193 of the Extradition Act 2003 there is substituted—

“193 Parties to international Conventions

(1) The Secretary of State may by order—