|
| |
| |
(b) the appropriate judge receives a request for consent to the person’s | |
extradition to a category 2 territory for an offence; | |
(c) the request is certified under this section by the designated authority. | |
(2) The designated authority may certify a request for consent under this section | |
if it believes that the authority making the request— | 5 |
(a) is an authority of the category 1 territory, and | |
(b) has the function of making requests for the consent referred to in | |
subsection (1)(b) in that territory. | |
(3) A certificate under subsection (2) must certify that the authority making the | |
request falls within paragraphs (a) and (b) of that subsection. | 10 |
(4) The judge must decide whether the offence is an extradition offence within the | |
meaning given by section 136 in relation to the category 2 territory. | |
(5) If the judge decides the question in subsection (4) in the negative he must | |
refuse consent. | |
(6) If the judge decides that question in the affirmative he must decide whether he | 15 |
would send the case to the Secretary of State (for his decision whether the | |
person was to be extradited) under sections 78 to 88 if— | |
(a) the person were in the United Kingdom, and | |
(b) the judge were required to proceed under section 78 in respect of the | |
offence for which his consent is requested. | 20 |
(7) If the judge decides the question in subsection (6) in the affirmative he must | |
send the case to the Secretary of State for him to decide whether to give | |
consent. | |
(8) If the judge decides that question in the negative he must refuse consent. | |
(9) If the judge sends the case to the Secretary of State under subsection (7) the | 25 |
Secretary of State must decide whether, if the person were in the United | |
Kingdom, his extradition to the category 2 territory in respect of the offence | |
would be prohibited under section 91, 92 or 93. | |
(10) If the Secretary of State decides the question in subsection (9) in the negative he | |
must give consent. | 30 |
(11) If the Secretary of State decides that question in the affirmative he must refuse | |
consent. | |
(12) If the appropriate judge is the sheriff of Lothian and Borders, the preceding | |
provisions of this section apply as if the references to the Secretary of State | |
were to the Scottish Ministers. | 35 |
58 Return of person to serve remainder of sentence | |
(1) This section applies if— | |
(a) a person who is serving a sentence of imprisonment or another form of | |
detention in the United Kingdom is extradited to a category 1 territory | |
in accordance with this Part; | 40 |
(b) the person is returned to the United Kingdom to serve the remainder of | |
his sentence. | |
(2) The person is liable to be detained in pursuance of his sentence. | |
| |
| |
|
| |
| |
(3) If he is at large he must be treated as being unlawfully at large. | |
(4) Time during which the person was not in the United Kingdom as a result of his | |
extradition does not count as time served by him as part of his sentence. | |
Costs | |
59 Costs where extradition ordered | 5 |
(1) This section applies if any of the following occurs in relation to a person in | |
respect of whom a Part 1 warrant is issued— | |
(a) an order for the person’s extradition is made under this Part; | |
(b) the High Court dismisses an appeal under section 26; | |
(c) the High Court or the House of Lords dismisses an application for leave | 10 |
to appeal to the House of Lords under section 32, if the application is | |
made by the person; | |
(d) the House of Lords dismisses an appeal under section 32, if the appeal | |
is brought by the person. | |
(2) In a case falling within subsection (1)(a), the appropriate judge may make such | 15 |
order as he considers just and reasonable with regard to the costs to be paid by | |
the person. | |
(3) In a case falling within subsection (1)(b), (c) or (d), the court by which the | |
application or appeal is dismissed may make such order as it considers just and | |
reasonable with regard to the costs to be paid by the person. | 20 |
(4) An order for costs under this section— | |
(a) must specify their amount; | |
(b) may name the person to whom they are to be paid. | |
60 Costs where discharge ordered | |
(1) This section applies if any of the following occurs in relation to a person in | 25 |
respect of whom a Part 1 warrant is issued— | |
(a) an order for the person’s discharge is made under this Part; | |
(b) the person is taken to be discharged under this Part; | |
(c) the High Court dismisses an appeal under section 28; | |
(d) the High Court or the House of Lords dismisses an application for leave | 30 |
to appeal to the House of Lords under section 32, if the application is | |
made by the authority which issued the warrant; | |
(e) the House of Lords dismisses an appeal under section 32, if the appeal | |
is brought by the authority which issued the warrant. | |
(2) In a case falling within subsection (1)(a), an order under subsection (5) in | 35 |
favour of the person may be made by— | |
(a) the appropriate judge, if the order for the person’s discharge is made | |
by him; | |
(b) the High Court, if the order for the person’s discharge is made by it; | |
(c) the House of Lords, if the order for the person’s discharge is made by it. | 40 |
(3) In a case falling within subsection (1)(b), the appropriate judge may make an | |
order under subsection (5) in favour of the person. | |
| |
| |
|
| |
| |
(4) In a case falling within subsection (1)(c), (d) or (e), the court by which the | |
application or appeal is dismissed may make an order under subsection (5) in | |
favour of the person. | |
(5) An order under this subsection in favour of a person is an order for a payment of the | |
appropriate amount to be made to the person out of money provided by Parliament. | 5 |
(6) The appropriate amount is such amount as the judge or court making the order | |
under subsection (5) considers reasonably sufficient to compensate the person | |
in whose favour the order is made for any expenses properly incurred by him | |
in the proceedings under this Part. | |
(7) But if the judge or court making an order under subsection (5) is of the opinion | 10 |
that there are circumstances which make it inappropriate that the person in | |
whose favour the order is made should recover the full amount mentioned in | |
subsection (6), the judge or court must— | |
(a) assess what amount would in his or its opinion be just and reasonable; | |
(b) specify that amount in the order as the appropriate amount. | 15 |
(8) Unless subsection (7) applies, the appropriate amount— | |
(a) must be specified in the order, if the court considers it appropriate for | |
it to be so specified and the person in whose favour the order is made | |
agrees the amount; | |
(b) must be determined in accordance with regulations made by the Lord | 20 |
Chancellor for the purposes of this section, in any other case. | |
61 Costs where discharge ordered: supplementary | |
(1) In England and Wales, subsections (1) and (3) of section 20 of the Prosecution | |
of Offences Act 1985 (c. 23) (regulations for carrying Part 2 of that Act into | |
effect) apply in relation to section 60 as those subsections apply in relation to | 25 |
Part 2 of that Act. | |
(2) As so applied those subsections have effect as if an order under section 60(5) | |
were an order under Part 2 of that Act for a payment to be made out of central | |
funds. | |
(3) In Northern Ireland, section 7 of the Costs in Criminal Cases Act (Northern | 30 |
Ireland) 1968 (rules relating to costs) applies in relation to section 60 as that | |
section applies in relation to sections 2 to 5 of that Act. | |
Documents | |
62 Documents sent by facsimile | |
(1) Any document to be sent in connection with proceedings under this Part may | 35 |
be sent by facsimile transmission. | |
(2) If a document mentioned in subsection (1) is sent by facsimile transmission— | |
(a) this Act has effect as if the document so sent were the original used to | |
make the transmission; | |
(b) the document so sent may be received in evidence accordingly. | 40 |
| |
| |
|
| |
| |
Interpretation | |
63 Extradition offences: person not sentenced for offence | |
(1) This section applies in relation to conduct of a person if— | |
(a) he is accused in a category 1 territory of the commission of an offence | |
constituted by the conduct, or | 5 |
(b) he is alleged to be unlawfully at large after conviction by a court in a | |
category 1 territory of an offence constituted by the conduct and he has | |
not been sentenced for the offence. | |
(2) The conduct constitutes an extradition offence in relation to the category 1 | |
territory if these conditions are satisfied— | 10 |
(a) the conduct occurs in the category 1 territory; | |
(b) a certificate issued by an appropriate authority of the category 1 | |
territory shows that the conduct falls within the European framework | |
list; | |
(c) the certificate shows that the conduct is punishable under the law of the | 15 |
category 1 territory with imprisonment or another form of detention for | |
a term of 12 months or a greater punishment. | |
(3) The conduct also constitutes an extradition offence in relation to the category 1 | |
territory if these conditions are satisfied— | |
(a) the conduct occurs in the category 1 territory; | 20 |
(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) 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 | 25 |
a greater punishment (however it is described in that law). | |
(4) The conduct also constitutes an extradition offence in relation to the category 1 | |
territory if these conditions are satisfied— | |
(a) the conduct occurs outside the category 1 territory; | |
(b) the conduct is punishable under the law of the category 1 territory with | 30 |
imprisonment or another form of detention for a term of 12 months or | |
a greater punishment (however it is described in that law); | |
(c) in corresponding circumstances equivalent conduct would constitute | |
an extra-territorial offence under the law of the relevant part of the | |
United Kingdom punishable with imprisonment or another form of | 35 |
detention for a term of 12 months or a greater punishment. | |
(5) The conduct also constitutes an extradition offence in relation to the category 1 | |
territory if these conditions are satisfied— | |
(a) the conduct occurs outside the category 1 territory and no part of it | |
occurs in the United Kingdom; | 40 |
(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 in that part of the United Kingdom; | |
(c) the conduct is so punishable under the law of the category 1 territory | 45 |
(however it is described in that law). | |
| |
| |
|
| |
| |
(6) The conduct also constitutes an extradition offence in relation to the category 1 | |
territory if these conditions are satisfied— | |
(a) the conduct occurs outside the category 1 territory and no part of it | |
occurs in the United Kingdom; | |
(b) the conduct is punishable under the law of the category 1 territory with | 5 |
imprisonment or another form of detention for a term of 12 months or | |
a greater punishment (however it is described in that law); | |
(c) the conduct constitutes or if committed in the United Kingdom would | |
constitute an offence mentioned in subsection (7). | |
(7) The offences are— | 10 |
(a) an offence under section 51 or 58 of the International Criminal Court | |
Act 2001 (c. 17) (genocide, crimes against humanity and war crimes); | |
(b) an offence under section 52 or 59 of that Act (conduct ancillary to | |
genocide etc. committed outside the jurisdiction); | |
(c) an ancillary offence, as defined in section 55 or 62 of that Act, in relation | 15 |
to an offence falling within paragraph (a) or (b); | |
(d) 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 under section 2 of that Act (conduct ancillary to genocide etc. | 20 |
committed outside the jurisdiction); | |
(f) an ancillary offence, as defined in section 7 of that Act, in relation to an | |
offence falling within paragraph (d) or (e). | |
(8) For the purposes of subsections (3)(b), (4)(c) and (5)(b)— | |
(a) if the conduct relates to a tax or duty, it is immaterial that the law of the | 25 |
relevant part of the United Kingdom does not impose the same kind of | |
tax or duty or does not contain rules of the same kind as those of the law | |
of the category 1 territory; | |
(b) if the conduct relates to customs or exchange, it is immaterial that the | |
law of the relevant part of the United Kingdom does not contain rules | 30 |
of the same kind as those of the law of the category 1 territory. | |
(9) This section applies for the purposes of this Part. | |
64 Extradition offences: person sentenced for offence | |
(1) This section applies in relation to conduct of a person if— | |
(a) he is alleged to be unlawfully at large after conviction by a court in a | 35 |
category 1 territory of an offence constituted by the conduct, and | |
(b) he has been sentenced for the offence. | |
(2) The conduct constitutes an extradition offence in relation to the category 1 | |
territory if these conditions are satisfied— | |
(a) the conduct occurs in the category 1 territory; | 40 |
(b) a certificate issued by an appropriate authority of the category 1 | |
territory shows that the conduct falls within the European framework | |
list; | |
(c) 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 | 45 |
imposed in the category 1 territory in respect of the conduct. | |
| |
| |
|
| |
| |
(3) The conduct also constitutes an extradition offence in relation to the category 1 | |
territory if these conditions are satisfied— | |
(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 of the United | 5 |
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. | |
(4) The conduct also constitutes an extradition offence in relation to the category 1 | 10 |
territory if these conditions are satisfied— | |
(a) the conduct occurs outside the category 1 territory; | |
(b) 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; | 15 |
(c) in corresponding circumstances equivalent conduct would constitute | |
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. | |
(5) The conduct also constitutes an extradition offence in relation to the category 1 | 20 |
territory if these conditions are satisfied— | |
(a) the conduct occurs outside the category 1 territory and no part of it | |
occurs in the United Kingdom; | |
(b) the conduct would constitute an offence under the law of the relevant | |
part of the United Kingdom punishable with imprisonment or another | 25 |
form of detention for a term of 12 months or a greater punishment if it | |
occurred in 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 1 | |
territory in respect of the conduct. | 30 |
(6) The conduct also constitutes an extradition offence in relation to the category 1 | |
territory if these conditions are satisfied— | |
(a) the conduct occurs outside the category 1 territory and no part of it | |
occurs in the United Kingdom; | |
(b) the conduct is punishable under the law of the category 1 territory with | 35 |
imprisonment or another form of detention for a term of 12 months or | |
a greater punishment (however it is described in that law); | |
(c) the conduct constitutes or if committed in the United Kingdom would | |
constitute an offence mentioned in subsection (7). | |
(7) The offences are— | 40 |
(a) an offence under section 51 or 58 of the International Criminal Court | |
Act 2001 (c. 17) (genocide, crimes against humanity and war crimes); | |
(b) an offence under section 52 or 59 of that Act (conduct ancillary to | |
genocide etc. committed outside the jurisdiction); | |
(c) an ancillary offence, as defined in section 55 or 62 of that Act, in relation | 45 |
to an offence falling within paragraph (a) or (b); | |
(d) 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 under section 2 of that Act (conduct ancillary to genocide etc. | |
committed outside the jurisdiction); | |
(f) an ancillary offence, as defined in section 7 of that Act, in relation to an | |
offence falling within paragraph (d) or (e). | |
(8) For the purposes of subsections (3)(b), (4)(c) and (5)(b)— | 5 |
(a) if the conduct relates to a tax or duty, it is immaterial that the law of the | |
relevant part of the United Kingdom does not impose the same kind of | |
tax or duty or does not contain rules of the same kind as those of the law | |
of the category 1 territory; | |
(b) if the conduct relates to customs or exchange, it is immaterial that the | 10 |
law of the relevant part of the United Kingdom does not contain rules | |
of the same kind as those of the law of the category 1 territory. | |
(9) This section applies for the purposes of this Part. | |
65 Extradition offences: supplementary | |
(1) Subsections (2) to (5) apply for the purposes of sections 63 and 64. | 15 |
(2) An appropriate authority of a category 1 territory is an authority of the | |
territory which the appropriate judge believes has the function of issuing arrest | |
warrants in that territory. | |
(3) The European framework list is the list of conduct set out in article 2.2 of the | |
European framework decision. | 20 |
(4) The law of a territory is the general criminal law of the territory. | |
(5) The relevant part of the United Kingdom is the part of the United Kingdom in | |
which the relevant proceedings are taking place. | |
(6) The relevant proceedings are the proceedings in which it is necessary to decide | |
whether conduct constitutes an extradition offence. | 25 |
66 The appropriate judge | |
(1) The appropriate judge is— | |
(a) in England and Wales, the senior district judge (chief magistrate) or | |
another district judge (magistrates’ courts) designated by him; | |
(b) in Scotland, the sheriff of Lothian and Borders; | 30 |
(c) in Northern Ireland, such county court judge or resident magistrate as | |
is designated for the purposes of this Part by the Lord Chancellor. | |
(2) The Lord Chancellor may designate a particular district judge (magistrates’ | |
courts) to be the appropriate judge in England and Wales instead of the judge | |
referred to in subsection (1)(a). | 35 |
(3) A designation under subsection (2) may be made for all cases or for such cases | |
(or cases of such description) as the designation stipulates. | |
(4) More than one designation may be made under subsection (2). | |
(5) This section applies for the purposes of this Part. | |
| |
| |
|
