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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 | 5 |
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.” | 10 |
(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 | 15 |
(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— | 20 |
(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— | 25 |
(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 | 30 |
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); | 35 |
(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 | 40 |
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); | 45 |
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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 | 5 |
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 | 10 |
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. | 15 |
(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 | 20 |
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 | 25 |
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; | 30 |
(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. | 35 |
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 | 40 |
(c) bail grantable in connection with extradition proceedings in | |
respect of an offence.” | |
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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 | 5 |
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 | 10 |
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 | 15 |
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— | 20 |
“(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 | 25 |
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— | 30 |
(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) | 35 |
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 | 40 |
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”. | 45 |
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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). | 5 |
(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)”. | 10 |
(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— | 15 |
“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 | 20 |
(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 | 25 |
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 | 30 |
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; | 35 |
(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 | 40 |
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 | 5 |
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. | 10 |
(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. | 15 |
(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— | 20 |
(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; | 25 |
(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; | 30 |
(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 | 35 |
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; | 40 |
(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 | 45 |
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; | |
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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; | 5 |
(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); | 10 |
(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”; | 15 |
(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. | 20 |
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 | 25 |
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— | 30 |
(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. | 35 |
(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 | 40 |
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 | 5 |
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 | 10 |
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; | 15 |
(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 | 20 |
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— | 25 |
(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 | 30 |
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 | 35 |
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, | 40 |
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 | 45 |
leave to appeal to the House of Lords ends, if there is no such | |
application; | |
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