Extradition (Provisional Arrest) Bill [HL] (HL Bill 3)

A

BILL

TO

Create a power of arrest, without warrant, for the purpose of extraditing
people for serious offences.

B e it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Power of arrest for extradition purposes

The Schedule—

(a) creates a power of arrest, without warrant, for the purpose of
extraditing people for serious offences, and

(b) 5contains consequential amendments and a power to make further
amendments.

2 Extent, commencement and short title

(1) Any amendment or repeal made by this Act has the same extent within the
United Kingdom as the provision amended or repealed.

(2) 10The powers under sections 177 and 222 of the Extradition Act 2003 (extension
to British overseas territories, the Channel Islands or the Isle of Man) may be
exercised in relation to any amendment or repeal made by this Act of any part
of that Act.

(3) This section comes into force on the day on which this Act is passed.

(4) 15The other provisions of this Act come into force on such day as the Secretary of
State may by regulations appoint.

(5) Different days may be appointed for different purposes.

(6) The Secretary of State may by regulations make transitional or saving
provision in connection with the coming into force of any provision of this Act.

(7) 20Regulations under this section are to be made by statutory instrument.

(8) This Act may be cited as the Extradition (Provisional Arrest) Act 2020.

Extradition (Provisional Arrest) Bill [HL] Page 2

SCHEDULE

Section 1

Power of arrest for extradition purposes

Part 1 Main amendments to the Extradition Act 2003

1 5 Part 2 of the Extradition Act 2003 (extradition to category 2 territories) is
amended as follows.

2 After section 74 insert—

“Provisional arrest without warrant

74A Provisional arrest where certificate issued under section 74B

(1) 10A constable, a customs officer or a service policeman may arrest a
person without a warrant if a certificate has been issued under
section 74B in respect of the person.

(2) A copy of the certificate must be given to the person as soon as
practicable after the arrest.

(3) 15The person must be brought before the appropriate judge within 24
hours starting with the time of the arrest (see further, section 74D).

(4) In calculating that 24-hour period, no account is to be taken of any
day falling within section 6(8A)(a) to (d) (weekends, bank holidays
etc).

(5) 20A constable or a customs officer may arrest a person under
subsection (1) in any part of the United Kingdom.

(6) A service policeman may arrest a person under subsection (1) only if
the person is subject to service law or is a civilian subject to service
discipline.

(7) 25A service policeman who has power to arrest a person under
subsection (1) may exercise the power anywhere.

(8) A person arrested under subsection (1) may not be arrested again in
reliance on the same certificate.

74B Certificates enabling provisional arrest under section 74A

(1) 30The designated authority may issue a certificate under this section in
respect of a person if—

(a) it receives a valid request, made by an authority of a specified
category 2 territory, for the person’s arrest (for more about
requests, see section 74C),

(b) 35it is satisfied that the request is made under arrangements
which allow such a request to be made only if—

Extradition (Provisional Arrest) Bill [HL] Page 3

(i) a warrant for the person’s arrest has been issued in
the category 2 territory in respect of an offence, or

(ii) the person is alleged to be unlawfully at large after
conviction of an offence by a court in the category 2
5territory,

(c) it has reasonable grounds for believing that the offence
specified in the request is a serious extradition offence, and

(d) it is satisfied that the seriousness of the conduct constituting
the offence makes it appropriate to issue the certificate.

(2) 10A certificate issued by the designated authority under this section
must—

(a) state the category 2 territory in respect of which the request is
made, the form of the request and the date on which the
request was made,

(b) 15certify that the category 2 territory is a specified category 2
territory,

(c) certify that the request is a valid request,

(d) certify the matters in subsection (1)(c) and (d), and

(e) set out the statement and information mentioned in section
20 74C (1)(a) or (b) (as the case may be).

(3) A certificate (or purported certificate) may be withdrawn and a new
one issued on the basis of the same request at any time before the
person has been arrested in reliance on it.

(4) The “designated authority” is the authority designated for the
25purposes of this section by regulations made by the Secretary of
State.

(5) Regulations made under subsection (4) may—

(a) designate more than one authority;

(b) designate different authorities for different parts of the
30United Kingdom.

(6) A “specified category 2 territory” is a category 2 territory that is
specified in Schedule A1.

(7) The Secretary of State may by regulations—

(a) amend Schedule A1 so as to add, vary or remove a reference
35to a territory, and

(b) in consequence, amend section 74C so as to change what it
means to make a request in the approved way for the
purposes of that section.

(8) The reference in subsection (1)(b) to a warrant for a person’s arrest
40includes a reference to a judicial document authorising the person’s
arrest.

(9) For the purposes of determining whether an offence is a “serious
extradition offence”, sections 137 and 138 apply as if—

(a) a reference to an “extradition offence” were to a “serious
45extradition offence”,

(b) a reference to the relevant part of the United Kingdom were
to any part of the United Kingdom (and, accordingly, each of



Extradition (Provisional Arrest) Bill [HL] Page 4



sections 137 and 138 have effect as if subsection (8) were
omitted),

(c) a reference to the request for the person’s extradition were a
reference to the request for the person’s arrest,

(d) 5the references in sections 137(3)(b) and (4)(b) and 138(3)(b) to
“12 months” were to “3 years”, and

(e) the references in section 137(3)(c) and (4)(c) to conduct that is
“so punishable” were to conduct that is punishable with
imprisonment or another form of detention for a term of 12
10months or a greater punishment.

74C Section 74B supplementary: valid requests for arrest

(1) For the purposes of section 74B a request for a person’s arrest is valid
if it is made in the approved way and it contains—

(a) the statement referred to in subsection (2) and the
15information referred to in subsection (3), or

(b) the statement referred to in subsection (4) and the
information referred to in subsection (5).

(2) The statement is one that—

(a) the person is accused in the category 2 territory of the
20commission of an offence specified in the request, and

(b) the request is made with a view to the arrest and extradition
of the person to the category 2 territory for the purpose of
being prosecuted for the offence.

(3) The information is—

(a) 25particulars of the person’s identity;

(b) particulars of the circumstances in which the person is
alleged to have committed the offence, including the conduct
alleged to constitute the offence, the time and place at which
the person is alleged to have committed the offence and any
30provision of the law of the category 2 territory under which
the conduct is alleged to constitute an offence;

(c) particulars of the sentence which may be imposed under the
law of the category 2 territory in respect of the offence if the
person is convicted of it.

(4) 35The statement is one that—

(a) the person has been convicted of an offence specified in the
request by a court in the category 2 territory, and

(b) the request is made with a view to the arrest and extradition
of the person to the category 2 territory for the purpose of
40being sentenced for the offence or of serving a sentence of
imprisonment or another form of detention imposed in
respect of the offence.

(5) The information is—

(a) particulars of the person’s identity;

(b) 45particulars of the conviction;

(c) particulars of the sentence which may be imposed under the
law of the category 2 territory in respect of the offence, if the
person has not been sentenced for the offence;

Extradition (Provisional Arrest) Bill [HL] Page 5

(d) particulars of the sentence which has been imposed under the
law of the category 2 territory in respect of the offence, if the
person has been sentenced for the offence.

(6) A request is made in the approved way for the purposes of this
5section if it is made by an authority of the category 2 territory which
the designated authority believes has the function of making such
requests in that territory.

74D Person provisionally arrested under section 74A

(1) The judge before whom a person is brought following arrest under
10section 74A must decide, on the basis of any evidence or information
produced to the judge, whether a warrant would be issued under
section 73 if the person were not already under arrest.

(2) If the judge decides the question in subsection (1) in the negative, the
judge must order the person’s discharge.

(3) 15If the judge decides that question in the affirmative, the judge must
proceed under section 74E.

(4) The judge may adjourn the proceedings to allow more evidence or
information to be produced if—

(a) an application for the adjournment is made in accordance
20with rules of court, and

(b) the judge is satisfied, on the balance of probabilities, that
evidence or information could not reasonably have been
produced in time to avoid the need for the adjournment.

(5) If the judge grants an adjournment under subsection (4) , the judge
25must remand the person in custody or on bail.

(6) If the person is remanded in custody, the judge may later grant bail.

(7) More than one adjournment may be granted under subsection (4) but
the total period of any adjournments must not exceed 72 hours.

(8) In calculating that 72-hour period, no account is to be taken of any
30day falling within section 6(8A)(a) to (d) (weekends, bank holidays
etc).

(9) If the judge has granted an adjournment or further adjournment, the
question in subsection (1) must be decided by the appropriate judge
on the next occasion when the person is brought or appears before
35the appropriate judge (unless a further adjournment is granted on
that occasion).

(10) If the person applies to the judge to be discharged—

(a) the judge may order the person’s discharge if—

(i) section 74A (2) (copy of certificate to be given to
40arrested person) was not complied with, or

(ii) the certificate did not comply with section 74B (2);

(b) the judge must order the person’s discharge if—

(i) the judge is satisfied that there were no reasonable
grounds on which the designated authority could
45have issued the certificate under section 74B (1), or

Extradition (Provisional Arrest) Bill [HL] Page 6

(ii) section 74A (3) (person to be brought before judge
within 24 hours of arrest) was not complied with.

74E Person provisionally arrested under section 74A: next steps

(1) If the appropriate judge is required by section 74D (3) to proceed
5under this section, the judge must—

(a) inform the person that they are accused of the commission of
an offence in a category 2 territory or are alleged to be
unlawfully at large after conviction of an offence by a court in
a category 2 territory,

(b) 10give the person the required information about consent, and

(c) remand the person in custody or on bail.

(2) The required information about consent is—

(a) that the person may consent to extradition to the category 2
territory in which the person is accused of the commission of
15an offence or is alleged to have been convicted of an offence;

(b) an explanation of the effect of consent and the procedure that
will apply if the person gives consent;

(c) that consent must be given in writing and is irrevocable.

(3) If the person is remanded in custody, the appropriate judge may
20later grant bail.

(4) The judge must order the person’s discharge if the documents
referred to in section 70(9) are not received by the judge within the
required period as defined by section 74(11).”

3 Before Schedule 1 insert—

25 SCHEDULE A1 Specified category 2 territories

Australia

Canada

Liechtenstein

30New Zealand

Switzerland

The United States of America.”

4 A reference in section 74B of the Extradition Act 2003 (inserted by paragraph
2 of this Schedule) to a request includes a request made before this Act is
35passed.

Part 2 Consequential amendments

Police and Criminal Evidence Act 1984

5 In section 65 of the Police and Criminal Evidence Act 1984 (questioning and



Extradition (Provisional Arrest) Bill [HL] Page 7



treatment of persons by police: supplementary), in the definition of
“extradition arrest power”, at the end insert—

(e) section 74A of that Act;”.

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

6 5In Article 53(1) of the Police and Criminal Evidence (Northern Ireland)
Order 1989 (questioning and treatment of persons by police: interpretation),
in the definition of “extradition arrest power”, at the end insert—

(e) section 74A of that Act.”

Nationality, Immigration and Asylum Act 2002

7 10In section 94 of the Nationality, Immigration and Asylum Act 2002 (appeal
from within United Kingdom: unfounded human rights or protection
claim), in subsection (6A), after paragraph (c) insert—

(ca) is the subject of a certificate under section 74B of that Act,”.

Extradition Act 2003

8 15The Extradition Act 2003 is amended as follows.

9 (1) Section 76 (date of extradition hearing: arrest under provisional warrant) is
amended as follows.

(2) In the heading, after “provisional warrant” insert “or under section 74A”.

(3) In subsection (1)—

(a) 20in paragraph (a), after “provisional warrant” insert “or under section
74A”;

(b) in paragraph (b), after “section 74(10)” insert “or 74E (4)”.

10 In section 76A (person charged with offence in United Kingdom before
extradition hearing), in subsection (1)(a), for “or 74(3)” substitute “, 74(3) or
25 74A (3)”.

11 In section 76B (person serving sentence in United Kingdom before
extradition hearing), in subsection (1)(a), for “or 74(3)” substitute “, 74(3) or
74A (3)”.

12 In section 127 (consent to extradition: general), in subsection (2), after
30“provisional warrant” insert “or under section 74A”.

13 (1) Section 136 (persons serving sentences outside territory where convicted) is
amended as follows.

(2) In subsection (1)—

(a) in paragraph (a) omit “or” at the end;

(b) 35in paragraph (b), at the end insert “, or

(c) a request for the person’s arrest is made by an
authority of a specified category 2 territory (within
the meaning of section 74B (6) ) and the request
contains the statement referred to in subsection (2).”

(3) 40In subsection (3)—

(a) in paragraph (b), after “subsection (1)(b)” insert “or (c) (as the case
may be)”;

Extradition (Provisional Arrest) Bill [HL] Page 8

(b) after paragraph (b) insert—

(c) section 74C (1)(b) has effect as if the reference to the
statement referred to in subsection (4) of that section
were a reference to the statement in subsection (2) of
5this section;

(d) section 74C(5) has effect as if paragraph (c) were
omitted and as if in paragraph (d)—

(i) “the category 2 territory” read “the convicting
territory”;

(ii) 10“if the person has been sentenced for the
offence” were omitted.”

(4) In subsection (4)—

(a) after paragraph (a) insert—

(aa) section 74(7)(a) has effect as if “accused of the
15commission of an offence in a category 2 territory or
that he is alleged to be unlawfully at large after
conviction of an offence by a court in a category 2
territory” read “alleged to be unlawfully at large from
a prison in the imprisoning territory after conviction
20of an offence in the convicting territory”;”;

(b) after paragraph (c) insert—

(ca) section 74B(1)(b) has effect as if sub-paragraph (i)
were omitted and as if for sub-paragraph (ii) there
were substituted—

(ii) 25the person is alleged to be unlawfully at large
from a prison in the imprisoning territory after
conviction of an offence in the convicting
territory;”;

(cb) section 74B (1)(c) has effect as if “a serious extradition
30offence” read “a serious extradition offence in relation
to the convicting territory”;

(cc) section 74E (1)(a) has effect as if “accused of the
commission of an offence in a category 2 territory or
are alleged to be unlawfully at large after conviction
35of an offence by a court in a category 2 territory” read
“alleged to be unlawfully at large from a prison in the
imprisoning territory after conviction of an offence in
the convicting territory”;

(cd) section 74E (2)(a) has effect as if “the category 2
40territory in which the person is accused of the
commission of an offence or is alleged to have been
convicted of an offence” read “the imprisoning
territory”;”.

14 In section 162 (entry and search of premises on arrest), in subsection (3)(d),
45after “provisional warrant” insert “or under section 74A”.

15 In section 164 (entry and search of premises after arrest), in subsection (3)(d),
after “provisional warrant” insert “or under section 74A”.

16 In section 172 (delivery of seized property), in subsection (4)(d), after
“provisional warrant” insert “or section 74A.”

Extradition (Provisional Arrest) Bill [HL] Page 9

17 In section 174 (interpretation), in subsection (2), after paragraph (d) insert—

(e) section 74A.”

18 In section 193 (parties to international conventions), in subsection (4)(a),
after “74(11)(b)” insert “, 74A to 74E”.

19 5In section 194 (special extradition arrangements), in subsection (4)(a), after
“74(11)(b)” insert “, 74A to 74E”.

20 (1) Section 206B (live links: supplementary) is amended as follows.

(2) In subsection (5), after “(7)” insert “or (8) (as the case may be)”.

(3) In subsection (6)(b), for “or 74(3)” substitute “, 74(3) or 74A (3)”.

(4) 10After subsection (7) insert—

(8) The requirement in section 74A (3) to bring the person before the
appropriate judge within 24 hours starting with the time of the arrest
is to be read as a requirement to bring the person before that judge
within 24 hours of the application being refused or the direction
15being rescinded.”

21 (1) In section 206C (live links: interpretation), subsection (4) is amended as
follows.

(2) In paragraph (c) omit “or” at the end.

(3) In paragraph (d), at the end insert “; or

(e) 20a certificate is issued under section 74B in respect of the
person.”

22 (1) In section 208 (national security), subsection (9) is amended as follows.

(2) In paragraph (b), for “or under a provisional warrant” substitute “, under a
provisional warrant or under section 74A”.

(3) 25In paragraph (c), after “74” insert “, 74D, 74E”.

23 (1) Section 216 (other interpretive provisions) is amended as follows.

(2) After subsection (2) insert—

(2A) References in sections 74B and 74C to the designated authority must
be read in accordance with section 74B (4).”

30In subsection (3), at the start insert “Other”.

24 In section 223 (orders and regulations), after subsection (6) insert—

(6A) No regulations under section 74B (7) may be made unless a draft of
the regulations has been laid before Parliament and approved by a
resolution of each House.”

35 UK Borders Act 2007

25 The UK Borders Act 2007 is amended as follows.

26 In section 2 (detention), in subsections (1) and (1A), at the end of paragraph