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Extradition Bill


Extradition Bill
Part 5 — Miscellaneous and general

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 188   Delivery up to International Criminal Court

     (1)    Part 2 of Schedule 2 to the International Criminal Court Act 2001 (c. 17)

(delivery up to International Criminal Court of persons subject to extradition

proceedings) is amended as follows.

     (2)    In paragraph 7 (meaning of extradition proceedings) after “court” insert “or

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judge” and at the end add “, or

                    (c)                      the Extradition Act 2003”.

     (3)    In paragraph 8 (extradition proceedings in England and Wales or Northern

Ireland) after sub-paragraph (5) add—

                       “(6)                References in this paragraph to a court include references to a judge.”

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     (4)    In paragraph 9 (extradition proceedings in Scotland) after sub-paragraph (3)

add—

                       “(4)                References in this paragraph to a court include references to a judge.”

     (5)    In paragraph 10(1) (power to suspend or revoke warrant or order) after

paragraph (b) insert “, or

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                    (c)                      whose extradition has been ordered under the Extradition

Act 2003,”.

     (6)    In paragraph 10(2) omit the words “by a court or judicial officer”.

 189   Genocide, crimes against humanity and war crimes

     (1)    This section applies if—

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           (a)           a Part 1 warrant in respect of a person is issued in respect of an offence

mentioned in subsection (2), or

           (b)           a valid request for a person’s extradition is made in respect of an

offence mentioned in subsection (2).

     (2)    The offences are—

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           (a)           an offence that if committed in the United Kingdom would be

punishable as an offence under section 51 or 58 of the International

Criminal Court Act 2001 (genocide, crimes against humanity and war

crimes);

           (b)           an offence that if committed in the United Kingdom would be

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punishable as an offence under section 52 or 59 of that Act (conduct

ancillary to genocide, etc. committed outside the jurisdiction);

           (c)           an offence that if committed in the United Kingdom would be

punishable as an ancillary offence, as defined in section 55 or 62 of that

Act, in relation to an offence falling within paragraph (a) or (b);

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           (d)           an offence that if committed in the United Kingdom would be

punishable as an offence under section 1 of the International Criminal

Court (Scotland) Act 2001 (asp 13) (genocide, crimes against humanity

and war crimes);

           (e)           an offence that if committed in the United Kingdom would be

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punishable as an offence under section 2 of that Act (conduct ancillary

to genocide etc. committed outside the jurisdiction);

           (f)           an offence that if committed in the United Kingdom would be

punishable as an ancillary offence, as defined in section 7 of that Act, in

relation to an offence falling within paragraph (d) or (e);

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Extradition Bill
Part 5 — Miscellaneous and general

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           (g)           any offence punishable in the United Kingdom under section 1 of the

Geneva Conventions Act 1957 (c. 52) (grave breach of scheduled

conventions).

     (3)    It is not an objection to extradition under this Act that the person could not

have been punished for the offence under the law in force at the time when and

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in the place where he is alleged to have committed the act of which he is

accused or of which he has been convicted.

 190   Custody

     (1)    If a judge remands a person in custody under this Act, the person must be

committed to the institution to which he would have been committed if

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charged with an offence before the judge.

     (2)    If a person in custody following his arrest under Part 1 or Part 2 escapes from

custody, he may be retaken in any part of the United Kingdom in the same way

as he could have been if he had been in custody following his arrest or

apprehension under a relevant domestic warrant.

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     (3)    A relevant domestic warrant is a warrant for his arrest or apprehension issued

in the part of the United Kingdom in question in respect of an offence

committed there.

     (4)    Subsection (5) applies if—

           (a)           a person is in custody in one part of the United Kingdom (whether

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under this Act or otherwise);

           (b)           he is required to be removed to another part of the United Kingdom

after being remanded in custody under this Act;

           (c)           he is so removed by sea or air.

     (5)    The person must be treated as continuing in legal custody until he reaches the

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place to which he is required to be removed.

     (6)    An order for a person’s extradition under this Act is sufficient authority for an

appropriate person—

           (a)           to receive him;

           (b)           to keep him in custody until he is extradited under this Act;

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           (c)           to convey him to the territory to which he is to be extradited under this

Act.

     (7)    An appropriate person is—

           (a)           a person to whom the order is directed;

           (b)           a constable.

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 191   Bail

     (1)    The Bail Act 1976 (c. 63) is amended as follows.

     (2)    In section 1(1) (meaning of “bail in criminal proceedings”) after paragraph (b)

insert—

                  “, or

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                  (c)                    bail grantable in connection with extradition proceedings in

respect of an offence.”

 

 

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Part 5 — Miscellaneous and general

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     (3)    In section 2(2) (other definitions) omit the definition of “proceedings against a

fugitive offender” and in the appropriate places insert—

                    ““extradition proceedings” means proceedings under the Extradition Act

2003;”;

                    ““prosecutor”, in relation to extradition proceedings, means the person

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acting on behalf of the territory to which extradition is sought;”.

     (4)    In section 4 (general right to bail) in subsection (2) omit the words “or

proceedings against a fugitive offender for the offence”.

     (5)    In section 4 after subsection (2) insert—

           “(2A)              This section also applies to a person whose extradition is sought in

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respect of an offence, when—

                  (a)                 he appears or is brought before a court in the course of or in

connection with extradition proceedings in respect of the

offence, or

                  (b)                 he applies to a court for bail or for a variation of the conditions

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of bail in connection with the proceedings.

           (2B)              But subsection (2A) above does not apply if the person is alleged to be

unlawfully at large after conviction of the offence.”

     (6)    In section 5B (reconsideration of decisions granting bail) for subsection (1)

substitute—

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           “(1)              This section applies in any of these cases—

                  (a)                 a magistrates’ court has granted bail in criminal proceedings in

connection with an offence to which this section applies or

proceedings for such an offence;

                  (b)                 a constable has granted bail in criminal proceedings in

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connection with proceedings for such an offence;

                  (c)                 a magistrates’ court or a constable has granted bail in

connection with extradition proceedings.

           (1A)              The court or the appropriate court in relation to the constable may, on

application by the prosecutor for the decision to be reconsidered—

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                  (a)                 vary the conditions of bail,

                  (b)                 impose conditions in respect of bail which has been granted

unconditionally, or

                  (c)                 withhold bail.”

     (7)    In section 7 (liability to arrest for absconding or breaking conditions of bail)

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after subsection (1) insert—

           “(1A)              Subsection (1B) applies if—

                  (a)                 a person has been released on bail in connection with

extradition proceedings,

                  (b)                 the person is under a duty to surrender into the custody of a

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constable, and

                  (c)                 the person fails to surrender to custody at the time appointed

for him to do so.

           (1B)              A magistrates’ court may issue a warrant for the person’s arrest.”

     (8)    In section 7(4) omit the words from “In reckoning” to “Sunday”.

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Part 5 — Miscellaneous and general

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     (9)    In section 7 after subsection (4) insert—

           “(4A)              A person who has been released on bail in connection with extradition

proceedings and is under a duty to surrender into the custody of a

constable may be arrested without warrant by a constable on any of the

grounds set out in paragraphs (a) to (c) of subsection (3).

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           (4B)              A person arrested in pursuance of subsection (4A) above shall be

brought as soon as practicable and in any event within 24 hours after

his arrest before a justice of the peace for the petty sessions area in

which he was arrested.”

     (10)   In section 7(5) after “subsection (4)” insert “or (4B)”.

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     (11)   In section 7 after subsection (6) insert—

           “(7)              In reckoning for the purposes of this section any period of 24 hours, no

account shall be taken of Christmas Day, Good Friday or any Sunday.”

     (12)   In Part 1 of Schedule 1 (defendants accused or convicted of imprisonable

offences) for paragraph 1 substitute—

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        “1                The following provisions of this Part of this Schedule apply to the

defendant if—

                    (a)                   the offence or one of the offences of which he is accused or

convicted in the proceedings is punishable with

imprisonment, or

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                    (b)                   his extradition is sought in respect of an offence.”

     (13)   In Part 1 of Schedule 1 after paragraph 2A insert—

        “2B                The defendant need not be granted bail in connection with

extradition proceedings if—

                    (a)                   the conduct constituting the offence would, if carried out by

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the defendant in England and Wales, constitute an indictable

offence or an offence triable either way; and

                    (b)                   it appears to the court that the defendant was on bail on the

date of the offence.”

     (14)   In Part 1 of Schedule 1 in paragraph 6 after “the offence” insert “or the

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extradition proceedings”.

 192   Extradition for more than one offence

The Secretary of State may by order provide for this Act to have effect with

specified modifications in relation to a case where—

           (a)           a Part 1 warrant is issued in respect of more than one offence;

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           (b)           a request for extradition is made in respect of more than one offence.

 193   National security

     (1)    This section applies if the Secretary of State believes that the conditions in

subsections (2) to (4) are satisfied in relation to a person.

     (2)    The first condition is that the person’s extradition is sought or will be sought

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under Part 1 or Part 2 in respect of an offence.

     (3)    The second condition is that—

 

 

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           (a)           in engaging in the conduct constituting (or alleged to constitute) the

offence the person was acting pursuant to a function conferred or

imposed by or under an enactment, or

           (b)           as a result of an authorisation given by the Secretary of State the person

is not liable under the criminal law of any part of the United Kingdom

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for the conduct constituting (or alleged to constitute) the offence.

     (4)    The third condition is that the person’s extradition in respect of the offence

would be against the interests of national security.

     (5)    The Secretary of State may certify that the conditions in subsections (2) to (4)

are satisfied in relation to the person.

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     (6)    If the Secretary of State issues a certificate under subsection (5) he may—

           (a)           direct that a Part 1 warrant issued in respect of the person and in respect

of the offence is not to be proceeded with, or

           (b)           direct that a request for the person’s extradition in respect of the offence

is not to be proceeded with.

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     (7)    If the Secretary of State issues a certificate under subsection (5) he may order

the person’s discharge (instead of or in addition to giving a direction under

subsection (6)).

     (8)    These rules apply if the Secretary of State gives a direction under subsection

(6)(a) in respect of a warrant—

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           (a)           if the designated authority has not issued a certificate under section 2

in respect of the warrant it must not do so;

           (b)           if the person is arrested under the warrant or under section 5 there is no

requirement for him to be brought before the appropriate judge and he

must be discharged;

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           (c)           if the person is brought before the appropriate judge under section 4 or

6 the judge is no longer required to proceed or continue proceeding

under sections 7 and 8;

           (d)           if the extradition hearing has begun the judge is no longer required to

proceed or continue proceeding under sections 10 to 25;

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           (e)           if the person has consented to his extradition, the judge is no longer

required to order his extradition;

           (f)           if an appeal to the High Court or House of Lords has been brought, the

court is no longer required to hear or continue hearing the appeal;

           (g)           if the person’s extradition has been ordered there is no requirement for

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him to be extradited.

     (9)    These rules apply if the Secretary of State gives a direction under subsection

(6)(b) in respect of a request—

           (a)           if he has not issued a certificate under section 69 in respect of the

request he is no longer required to do so;

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           (b)           if the person is arrested under a warrant issued under section 70 or

under a provisional warrant there is no requirement for him to appear

or be brought before the appropriate judge and he must be discharged;

           (c)           if the person appears or is brought before the appropriate judge the

judge is no longer required to proceed or continue proceeding under

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sections 71, 73, 74 and 75;

           (d)           if the extradition hearing has begun the judge is no longer required to

proceed or continue proceeding under sections 77 to 88;

 

 

Extradition Bill
Part 5 — Miscellaneous and general

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           (e)           if the person has given his consent to his extradition to the appropriate

judge, the judge is no longer required to send the case to the Secretary

of State for his decision whether the person is to be extradited;

           (f)           if an appeal to the High Court or House of Lords has been brought, the

court is no longer required to hear or continue hearing the appeal;

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           (g)           if the person’s extradition has been ordered there is no requirement for

him to be extradited.

     (10)   These must be made under the hand of the Secretary of State—

           (a)           a certificate under subsection (5);

           (b)           a direction under subsection (6);

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           (c)           an order under subsection (7).

     (11)   The preceding provisions of this section apply to Scotland with these

modifications—

           (a)           in subsection (9)(a) for “he has” substitute “the Scottish Ministers have”

and for “he is” substitute “they are”;

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           (b)           in subsection (9)(e) for “Secretary of State for his” substitute “Scottish

Ministers for their”.

     (12)   In subsection (3) the reference to an enactment includes an enactment

comprised in, or in an instrument made under, an Act of the Scottish

Parliament.

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 194   Reasonable force

A person may use reasonable force, if necessary, in the exercise of a power

conferred by this Act.

 195   Rules of court

     (1)    Rules of court may make provision as to the practice and procedure to be

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followed in connection with proceedings under this Act.

     (2)    In Scotland any such rules are to be made by Act of Adjournal.

Interpretation

 196   Disposal of Part 1 warrant and extradition request

     (1)    A Part 1 warrant issued in respect of a person is disposed of—

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           (a)           when an order is made for the person’s discharge in respect of the

warrant and there is no further possibility of an appeal;

           (b)           when the person is taken to be discharged in respect of the warrant;

           (c)           when an order is made for the person’s extradition in pursuance of the

warrant and there is no further possibility of an appeal.

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     (2)    A request for a person’s extradition is disposed of—

           (a)           when an order is made for the person’s discharge in respect of the

request and there is no further possibility of an appeal;

           (b)           when the person is taken to be discharged in respect of the request;

           (c)           when an order is made for the person’s extradition in pursuance of the

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request and there is no further possibility of an appeal.

 

 

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     (3)    There is no further possibility of an appeal against an order for a person’s

discharge or extradition—

           (a)           when the period permitted for giving notice of an appeal to the High

Court ends, if notice is not given before the end of that period;

           (b)           when the decision of the High Court on an appeal becomes final, if

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there is no appeal to the House of Lords against that decision;

           (c)           when the decision of the House of Lords on an appeal is made, if there

is such an appeal.

     (4)    The decision of the High Court on an appeal becomes final—

           (a)           when the period permitted for applying to the High Court for leave to

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appeal to the House of Lords ends, if there is no such application;

           (b)           when the period permitted for applying to the House of Lords for leave

to appeal to it ends, if the High Court refuses leave to appeal and there

is no application to the House of Lords for leave to appeal;

           (c)           when the House of Lords refuses leave to appeal to it;

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           (d)           at the end of the permitted period, which is 28 days starting with the

day on which leave to appeal to the House of Lords is granted, if no

such appeal is brought before the end of that period.

     (5)    These must be ignored for the purposes of subsections (3) and (4)—

           (a)           any power of a court to extend the period permitted for giving notice of

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appeal or for applying for leave to appeal;

           (b)           any power of a court to grant leave to take a step out of time.

     (6)    Subsections (3) to (5) do not apply to Scotland.

 197   Disposal of charge

     (1)    A charge against a person is disposed of—

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           (a)           if the person is acquitted in respect of it, when he is acquitted;

           (b)           if the person is convicted in respect of it, when there is no further

possibility of an appeal against the conviction.

     (2)    There is no further possibility of an appeal against a conviction—

           (a)           when the period permitted for giving notice of application for leave to

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appeal to the Court of Appeal against the conviction ends, if the leave

of the Court of Appeal is required and no such notice is given before the

end of that period;

           (b)           when the Court of Appeal refuses leave to appeal against the

conviction, if the leave of the Court of Appeal is required and notice of

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application for leave is given before the end of that period;

           (c)           when the period permitted for giving notice of appeal to the Court of

Appeal against the conviction ends, if notice is not given before the end

of that period;

           (d)           when the decision of the Court of Appeal on an appeal becomes final,

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if there is no appeal to the House of Lords against that decision;

           (e)           when the decision of the House of Lords on an appeal is made, if there

is such an appeal.

     (3)    The decision of the Court of Appeal on an appeal becomes final—

           (a)           when the period permitted for applying to the Court of Appeal for

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leave to appeal to the House of Lords ends, if there is no such

application;

 

 

 
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