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A | |
Bill | |
To | |
make provision about extradition. | |
Be 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:— | |
Part 1 | |
Extradition to category 1 territories | |
Introduction | |
1 Extradition to category 1 territories | |
(1) This Part deals with extradition from the United Kingdom to the territories | 5 |
designated for the purposes of this Part by Order in Council. | |
(2) In this Act references to category 1 territories are to the territories designated | |
for the purposes of this Part. | |
2 Part 1 warrant and certificate | |
(1) This section applies if the designated authority receives a Part 1 warrant in | 10 |
respect of a person. | |
(2) A Part 1 warrant is an arrest warrant which— | |
(a) contains the statement referred to in subsection (3) or the statement | |
referred to in subsection (4), and | |
(b) is issued by an authority of a category 1 territory. | 15 |
(3) The statement is one that— | |
(a) the person in respect of whom the warrant is issued is accused in the | |
category 1 territory of the commission of an offence specified in the | |
warrant, and | |
(b) the warrant is issued with a view to his arrest and extradition to the | 20 |
category 1 territory for the purpose of being prosecuted for the offence. | |
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(4) The statement is one that— | |
(a) the person in respect of whom the warrant is issued is alleged to be | |
unlawfully at large after conviction of an offence specified in the | |
warrant by a court in the category 1 territory, and | |
(b) the warrant is issued with a view to his arrest and extradition to the | 5 |
category 1 territory for the purpose of being sentenced for the offence | |
or of serving a sentence of imprisonment or another form of detention | |
imposed in respect of the offence. | |
(5) The designated authority may issue a certificate under this section if it believes | |
that the authority which issued the warrant has the function of issuing arrest | 10 |
warrants in the category 1 territory. | |
(6) A certificate under this section must certify that the authority which issued the | |
warrant has the function of issuing arrest warrants in the category 1 territory. | |
(7) The designated authority is the authority designated for the purposes of this | |
Part by Order in Council. | 15 |
(8) An Order in Council made under subsection (7) may— | |
(a) designate more than one authority; | |
(b) designate different authorities for different parts of the United | |
Kingdom. | |
Arrest | 20 |
3 Arrest under certified Part 1 warrant | |
(1) This section applies if a certificate is issued under section 2 in respect of a Part | |
1 warrant. | |
(2) The warrant may— | |
(a) be executed in any part of the United Kingdom; | 25 |
(b) be executed by a constable or by an appropriate person; | |
(c) be executed even if neither the warrant nor a copy of it is in the | |
possession of the person executing it at the time of the arrest. | |
(3) An appropriate person is a person of a description specified in an order made | |
by the Secretary of State for the purposes of this section. | 30 |
4 Person arrested under Part 1 warrant | |
(1) This section applies if a person is arrested under a Part 1 warrant. | |
(2) If neither the warrant nor a copy of it was shown to the person at the time of | |
his arrest and he asks to be shown the warrant, the warrant or a copy of it must | |
be shown to him as soon as practicable after his request. | 35 |
(3) The person must be brought as soon as practicable before the appropriate | |
judge. | |
(4) If subsection (2) or (3) is not complied with the person must be taken to be | |
discharged. | |
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(5) A person arrested under the warrant must be treated as continuing in legal | |
custody until he is brought before the appropriate judge under subsection (3) | |
or he is taken to be discharged under subsection (4). | |
5 Provisional arrest | |
(1) A constable or an appropriate person may arrest a person without a warrant in | 5 |
any part of the United Kingdom if he has reason to believe— | |
(a) that a Part 1 warrant has been or will be issued in respect of the person | |
by an authority of a category 1 territory, and | |
(b) that the authority has the function of issuing arrest warrants in the | |
category 1 territory. | 10 |
(2) An appropriate person is a person of a description specified in an order made | |
by the Secretary of State for the purposes of this section. | |
6 Person arrested under section 5 | |
(1) This section applies if a person is arrested under section 5. | |
(2) The following must occur within the required period— | 15 |
(a) the person must be brought before the appropriate judge; | |
(b) the documents specified in subsection (4) must be produced to the | |
judge. | |
(3) The required period is 48 hours starting with the time when the person is | |
arrested. | 20 |
(4) The documents are— | |
(a) a Part 1 warrant in respect of the person; | |
(b) a certificate under section 2 in respect of the warrant. | |
(5) If subsection (2) is not complied with the person must be taken to be | |
discharged. | 25 |
(6) The person must be treated as continuing in legal custody until he is brought | |
before the appropriate judge under subsection (2) or he is taken to be | |
discharged under subsection (5). | |
The initial hearing | |
7 Identity of person arrested | 30 |
(1) This section applies if— | |
(a) a person arrested under a Part 1 warrant is brought before the | |
appropriate judge under section 4(3), or | |
(b) a person is arrested under section 5 and section 6(2) is complied with in | |
relation to him. | 35 |
(2) The judge must decide whether the person brought before him is the person in | |
respect of whom— | |
(a) the warrant referred to in subsection (1)(a) was issued, or | |
(b) the warrant referred to in section 6(4) was issued. | |
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(3) If the judge decides the question in subsection (2) in the negative he must order | |
the person’s discharge. | |
(4) If the judge decides that question in the affirmative he must proceed under | |
section 8. | |
(5) In England and Wales, the judge has the same powers (as nearly as may be) as | 5 |
a magistrates’ court would have if the proceedings were the summary trial of | |
an information against the person. | |
(6) In Scotland— | |
(a) the judge has the same powers (as nearly as may be) as if the | |
proceedings were summary proceedings in respect of an offence | 10 |
alleged to have been committed by the person; but | |
(b) in his making any decision under subsection (2) evidence from a single | |
source shall be sufficient. | |
(7) In Northern Ireland, the judge has the same powers (as nearly as may be) as a | |
magistrates’ court would have if the proceedings were the hearing and | 15 |
determination of a complaint against the person. | |
(8) If the judge exercises his power to adjourn the proceedings he must remand the | |
person in custody or on bail. | |
(9) If the judge remands the person in custody he may later grant bail. | |
8 Remand etc. | 20 |
(1) If the judge is required to proceed under this section he must— | |
(a) fix a date on which the extradition hearing is to begin; | |
(b) give the person the required information about consent; | |
(c) remand the person in custody or on bail. | |
(2) If the judge remands the person in custody he may later grant bail. | 25 |
(3) The required information about consent is— | |
(a) that the person may consent to his extradition to the category 1 territory | |
in which the Part 1 warrant was issued; | |
(b) an explanation of the effect of consent and the procedure that will apply | |
if he gives consent; | 30 |
(c) that consent must be given before the judge and is irrevocable. | |
(4) The date fixed under subsection (1) must not be later than the end of the | |
permitted period, which is 21 days starting with the date of the arrest referred | |
to in section 7(1)(a) or (b). | |
(5) If before the date fixed under subsection (1) (or this subsection) a party to the | 35 |
proceedings applies to the judge for a later date to be fixed and the judge | |
believes there are exceptional circumstances, he may fix a later date; and this | |
subsection may apply more than once. | |
(6) Subsections (7) and (8) apply if the extradition hearing does not begin on or | |
before the date fixed under this section. | 40 |
(7) If the person applies to the judge to be discharged the judge must order his | |
discharge, unless reasonable cause is shown for the delay. | |
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(8) If no application is made under subsection (7) the judge must order the | |
person’s discharge on the first occasion after the date fixed under this section | |
when the person appears or is brought before the judge, unless reasonable | |
cause is shown for the delay. | |
The extradition hearing | 5 |
9 Judge’s powers at extradition hearing | |
(1) In England and Wales, at the extradition hearing the appropriate judge has the | |
same powers (as nearly as may be) as a magistrates’ court would have if the | |
proceedings were the summary trial of an information against the person in | |
respect of whom the Part 1 warrant was issued. | 10 |
(2) In Scotland, at the extradition hearing the appropriate judge has the same | |
powers (as nearly as may be) as if the proceedings were summary proceedings | |
in respect of an offence alleged to have been committed by the person in | |
respect of whom the Part 1 warrant was issued. | |
(3) In Northern Ireland, at the extradition hearing the appropriate judge has the | 15 |
same powers (as nearly as may be) as a magistrates’ court would have if the | |
proceedings were the hearing and determination of a complaint against the | |
person in respect of whom the Part 1 warrant was issued. | |
(4) If the judge adjourns the extradition hearing he must remand the person in | |
custody or on bail. | 20 |
(5) If the judge remands the person in custody he may later grant bail. | |
10 Initial stage of extradition hearing | |
(1) This section applies if a person in respect of whom a Part 1 warrant is issued | |
appears or is brought before the appropriate judge for the extradition hearing. | |
(2) The judge must decide whether the offence specified in the Part 1 warrant is an | 25 |
extradition offence. | |
(3) If the judge decides the question in subsection (2) in the negative he must order | |
the person’s discharge. | |
(4) If the judge decides that question in the affirmative he must proceed under | |
section 11. | 30 |
11 Bars to extradition | |
(1) If the judge is required to proceed under this section he must decide whether | |
the person’s extradition to the category 1 territory is barred by reason of— | |
(a) the rule against double jeopardy; | |
(b) extraneous considerations; | 35 |
(c) the person’s age; | |
(d) the death penalty; | |
(e) hostage-taking considerations; | |
(f) speciality; | |
(g) the person’s earlier extradition to the United Kingdom from another | 40 |
category 1 territory; | |
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(h) the person’s earlier extradition to the United Kingdom from a non- | |
category 1 territory. | |
(2) Sections 12 to 19 apply for the interpretation of subsection (1). | |
(3) If the judge decides any of the questions in subsection (1) in the affirmative he | |
must order the person’s discharge. | 5 |
(4) If the judge decides those questions in the negative and the person is alleged to | |
be unlawfully at large after conviction of the extradition offence, the judge | |
must proceed under section 20. | |
(5) If the judge decides those questions in the negative and the person is accused | |
of the commission of the extradition offence but is not alleged to be unlawfully | 10 |
at large after conviction of it, the judge must proceed under section 21. | |
12 Rule against double jeopardy | |
A person’s extradition to a category 1 territory is barred by reason of the rule | |
against double jeopardy if (and only if) it appears that he would be entitled to | |
be discharged under any rule of law relating to previous acquittal or conviction | 15 |
if he were charged with the extradition offence in the part of the United | |
Kingdom where the judge exercises jurisdiction. | |
13 Extraneous considerations | |
A person’s extradition to a category 1 territory is barred by reason of | |
extraneous considerations if (and only if) it appears that— | 20 |
(a) the Part 1 warrant issued in respect of him (though purporting to be | |
issued on account of the extradition offence) is in fact issued for the | |
purpose of prosecuting or punishing him on account of his race, | |
religion, nationality or political opinions, or | |
(b) if extradited he might be prejudiced at his trial or punished, detained | 25 |
or restricted in his personal liberty by reason of his race, religion, | |
nationality or political opinions. | |
14 Age | |
A person’s extradition to a category 1 territory is barred by reason of his age if | |
(and only if) it would be conclusively presumed because of his age that he | 30 |
could not be guilty of the extradition offence on the assumption— | |
(a) that the conduct constituting the extradition offence constituted an | |
offence in the part of the United Kingdom where the judge exercises | |
jurisdiction; | |
(b) that the person carried out the conduct when the extradition offence | 35 |
was committed (or alleged to be committed); | |
(c) that the person carried out the conduct in the part of the United | |
Kingdom where the judge exercises jurisdiction. | |
15 Death penalty | |
(1) A person’s extradition to a category 1 territory is barred by reason of the death | 40 |
penalty if (and only if) he could be, will be or has been sentenced to death for | |
the extradition offence in the category 1 territory. | |
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(2) Subsection (1) does not apply if the judge receives a written assurance which | |
he considers adequate that a sentence of death— | |
(a) will not be imposed, or | |
(b) will not be carried out (if imposed). | |
16 Hostage-taking considerations | 5 |
(1) A person’s extradition to a category 1 territory is barred by reason of hostage- | |
taking considerations if (and only if) the territory is a party to the Hostage- | |
taking Convention and it appears that— | |
(a) if extradited he might be prejudiced at his trial because communication | |
between him and the appropriate authorities would not be possible, | 10 |
and | |
(b) the act or omission constituting the extradition offence also constitutes | |
an offence under section 1 of the Taking of Hostages Act 1982 (c. 28) or | |
an attempt to commit such an offence. | |
(2) The appropriate authorities are the authorities of the territory which are | 15 |
entitled to exercise rights of protection in relation to him. | |
(3) A certificate issued by the Secretary of State that a territory is a party to the | |
Hostage-taking Convention is conclusive evidence of that fact for the purposes | |
of subsection (1). | |
(4) The Hostage-taking Convention is the International Convention against the | 20 |
Taking of Hostages opened for signature at New York on 18 December 1979. | |
17 Speciality | |
(1) A person’s extradition to a category 1 territory is barred by reason of speciality | |
if (and only if) there are no speciality arrangements with the category 1 | |
territory. | 25 |
(2) There are speciality arrangements with a category 1 territory if, under the law | |
of that territory or arrangements made between it and the United Kingdom, a | |
person who is extradited to the territory from the United Kingdom may be | |
dealt with in the territory for an offence committed before his extradition only | |
if— | 30 |
(a) the offence is one falling within subsection (3), or | |
(b) the condition in subsection (4) is satisfied. | |
(3) The offences are— | |
(a) the offence in respect of which the person is extradited; | |
(b) an extradition offence disclosed by the same facts as that offence; | 35 |
(c) an extradition offence in respect of which the appropriate judge gives | |
his consent under section 52 to the person being dealt with; | |
(d) an extradition offence in respect of which the appropriate judge is | |
treated by section 53 as giving his consent to the person being dealt | |
with; | 40 |
(e) an offence which is not punishable with imprisonment or another form | |
of detention; | |
(f) an offence in respect of which the person will not be detained in | |
connection with his trial, sentence or appeal; | |
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