Anti-social Behaviour, Crime and Policing Bill (HL Bill 78)

158 Judge informed after extradition hearing or order that person charged with
offence or serving sentence in United Kingdom

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

“36A Judge informed after extradition hearing that person charged with
5offence 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
10is 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(b) 15the charge is withdrawn;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
20in 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) 25a 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
30in 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
35is 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
40(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
45hearing 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) 5the 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) 10The 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) 15an 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
20detention 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
25hearing 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) 30the 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
35Kingdom.

(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
40extradition 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.”

159 Asylum 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) 5in 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 Part 1 warrant, and

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

10the person”.

(2) In 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
15extradited in pursuance of a request, and

(b) the 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) 20in subsection (4)(c), after “he orders the person’s discharge” there is
inserted “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) 25has been recorded by the Secretary of State as a refugee
within 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
30remove the person to the territory to which extradition
is requested.”

160 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) 35section 128(5).

161 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
40“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
5satisfied.

(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
10of 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) 15the 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
20territory 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) 25a 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
30form 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
35those 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 40Extradition 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
45constituted 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) 5the 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
10term 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
15constitute 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) 20The 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
25framework 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) 30For 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) 35if 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)
40after 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)
45there 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) 5The 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) 10the 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) 15the 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;

(b) in corresponding circumstances equivalent conduct would
20constitute 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
25territory.

(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
30would 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) 35References 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
40is 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
45extradition 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) 5the 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
10in 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) 15The 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
20mentioned 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) 25The 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
30subsection (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) 35After 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”.

162 Extradition to the United Kingdom to be sentenced or to serve a sentence

40In section 142 of the Extradition Act 2003 (issue of Part 3 warrant), for
subsection (2A) there is substituted—

“(2A) The condition is that—

(a) the person has been convicted of an extradition offence by a
court in the United Kingdom,

(b) 45his extradition is sought for the purpose of his being sentenced
for the offence or of his serving a sentence of imprisonment or
another form of detention imposed in respect of the offence, and

(c) either a domestic warrant has been issued in respect of the
person or the person may be arrested without a warrant.”

163 Detention of extradited person for trial in England and Wales for other
offences

(1) 5In sections 150 and 151A of the Extradition Act 2003 (dealing with extradited
person for other offences), at the end of subsection (2) there is inserted—

“This is subject to section 151B.”

(2) After section 151A of that Act there is inserted—

“151B Detention of person for trial in England and Wales for other offences

(1) 10Section 150 or 151A does not prevent a person in whose case that
section applies from being detained with a view to trial in England and
Wales for an offence if the conditions in subsection (2) are satisfied.

(2) The conditions are that—

(a) the United Kingdom and the territory from which the person
15was extradited have each made a declaration under Article
14(3) of the Extradition Convention, and the declarations are
still in force;

(b) the Secretary of State makes a request for the consent referred to
in section 150(3)(c) or 151A(3)(c) in respect of the offence (“the
20consent request”);

(c) the Secretary of State gives notification, which is explicitly
acknowledged on behalf of the territory, of the date on which
the detention is to begin (“the notified date”).

(3) The Extradition Convention is the European Convention on Extradition
25done at Paris on 13 December 1957.

(4) This section applies only to detention during the period beginning with
the notified date and ending with whichever of the following occurs
first—

(a) if a notification of opposition to the detention is given on behalf
30of the territory, the date on which Secretary of State receives it;

(b) the date on which the Secretary of State receives notification
given on behalf of the territory as to whether the consent
request is granted or refused;

(c) the expiry of the period of 90 days beginning with the date on
35which the consent request is received.”

164 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
40person’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
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
5that section.”

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

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

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

“(10) 10An 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
as mentioned in subsection (1)(a) or (b) of section 213;

(b) in the case of a request for extradition, the request is
15disposed of as mentioned in subsection (2)(a) or (b) of
that section.”

165 Non-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 20Facilitating transit through the United Kingdom

(1) The relevant UK authority may issue a transit certificate in relation to
the 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) 25If 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
of the following—

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

(b) 30take the person into custody to facilitate the transit of the person
through the United Kingdom for the purposes of the
extradition;

(c) search the person, and any item in the possession of the person,
for any item which the person might use to cause physical
35injury to that person or any other person;

(d) in a case where the person has been taken into custody under
paragraph (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) 40An 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
officer 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) 45in a case where the person has been taken into custody, to
escape from custody.

(4) If 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
5for the purposes of the extradition; or

(b) affect 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) 10This section applies in a case where—

(a) a 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) 15An authorised officer may do any or all of the following—

(a) take 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,
20for any item which the person might use to cause physical
injury 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
25from custody.

(3) Any 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) 30A person taken into custody under this section may be kept in custody
until 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
35custody under this section after the issue of the certificate.

(6) Subsection (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
40officer 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.