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| |
| |
(b) it purports to be authenticated by the oath or affirmation of a witness. | |
(3) Nothing in this section prevents a document that is not duly authenticated | |
from being received in evidence in proceedings under this Part. | |
Repatriation cases | |
135 Persons serving sentences outside territory where convicted | 5 |
(1) This section applies if— | |
(a) a request is made for a person’s extradition to a category 2 territory and | |
the request contains the statement referred to in subsection (2), or | |
(b) a provisional warrant for a person’s arrest is sought on behalf of a | |
category 2 territory and the information laid before the justice contains | 10 |
the statement referred to in subsection (2). | |
(2) The statement is one that the person— | |
(a) is unlawfully at large from a prison in one territory (the imprisoning | |
territory) in which he was serving a sentence after conviction of an | |
offence by a court in another territory (the convicting territory), and | 15 |
(b) was serving the sentence in pursuance of international arrangements | |
for prisoners sentenced in one territory to be repatriated to another | |
territory in order to serve their sentence. | |
(3) If the category 2 territory is either the imprisoning territory or the convicting | |
territory— | 20 |
(a) section 69(3) has effect as if the reference to the statement referred to in | |
subsection (4) of that section were a reference to the statement referred | |
to in subsection (2) of this section; | |
(b) section 72(1) has effect as if the reference to a person within subsection | |
(2) of that section were a reference to the person referred to in | 25 |
subsection (1)(b) of this section. | |
(4) If the category 2 territory is the imprisoning territory— | |
(a) sections 70(2)(a), 72(3)(a) and 77(4)(b) have effect as if “an extradition | |
offence” read “an extradition offence in relation to the convicting | |
territory”; | 30 |
(b) sections 73(7)(a) and 123(2) have effect as if “the category 2 territory in | |
which he is accused of the commission of an offence or is alleged to | |
have been convicted of an offence” read “the imprisoning territory”; | |
(c) section 73(10)(b) has effect as if “the category 2 territory” read “the | |
imprisoning territory”; | 35 |
(d) section 77(2)(e) has effect as if “the category 2 territory” read “the | |
convicting territory”. | |
(5) Subsection (1)(b) applies to Scotland with the substitution of “application by | |
the procurator fiscal sets out the matters referred to in paragraphs (a) and (b) | |
of subsection (2)” for “information laid by the justice contains the statement | 40 |
referred to in subsection (2)”. | |
(6) Subsection (1)(b) applies to Northern Ireland with the substitution of “the | |
complaint made to” for “the information laid before”. | |
| |
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Interpretation | |
136 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 2 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 2 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 2 | |
territory if these conditions are satisfied— | 10 |
(a) the conduct occurs in the category 2 territory; | |
(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; | 15 |
(c) the conduct is so punishable under the law of the category 2 territory | |
(however it is described in that law). | |
(3) The conduct also constitutes an extradition offence in relation to the category 2 | |
territory if these conditions are satisfied— | |
(a) the conduct occurs outside the category 2 territory; | 20 |
(b) the conduct is punishable under the law of the category 2 territory with | |
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 | 25 |
United Kingdom punishable with imprisonment or another form of | |
detention for a term of 12 months or a greater punishment. | |
(4) The conduct also constitutes an extradition offence in relation to the category 2 | |
territory if these conditions are satisfied— | |
(a) the conduct occurs outside the category 2 territory and no part of it | 30 |
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 | |
form of detention for a term of 12 months or a greater punishment if it | |
occurred in that part of the United Kingdom; | 35 |
(c) the conduct is so punishable under the law of the category 2 territory | |
(however it is described in that law). | |
(5) The conduct also constitutes an extradition offence in relation to the category 2 | |
territory if these conditions are satisfied— | |
(a) the conduct occurs outside the category 2 territory and no part of it | 40 |
occurs in the United Kingdom; | |
(b) the conduct is punishable under the law of the category 2 territory with | |
imprisonment for a term of 12 months or another form of detention or | |
a greater punishment (however it is described in that law); | |
(c) the conduct constitutes or if committed in the United Kingdom would | 45 |
constitute an offence mentioned in subsection (6). | |
(6) The offences are— | |
| |
| |
|
| |
| |
(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 | 5 |
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. | 10 |
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). | |
(7) If the conduct constitutes an offence under the military law of the category 2 | |
territory but does not constitute an offence under the general criminal law of | 15 |
the relevant part of the United Kingdom it does not constitute an extradition | |
offence; and subsections (1) to (6) have effect subject to this. | |
(8) The relevant part of the United Kingdom is the part of the United Kingdom in | |
which— | |
(a) the extradition hearing took place, if the question of whether conduct | 20 |
constitutes an extradition offence is to be decided by the Secretary of | |
State; | |
(b) proceedings in which it is necessary to decide that question are taking | |
place, in any other case. | |
(9) Subsections (1) to (7) apply for the purposes of this Part. | 25 |
137 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 | |
category 2 territory of an offence constituted by the conduct, and | |
(b) he has been sentenced for the offence. | 30 |
(2) The conduct constitutes an extradition offence in relation to the category 2 | |
territory if these conditions are satisfied— | |
(a) the conduct occurs in the category 2 territory; | |
(b) the conduct would constitute an offence under the law of the relevant | |
part of the United Kingdom punishable with imprisonment or another | 35 |
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 2 | |
territory in respect of the conduct. | 40 |
(3) The conduct also constitutes an extradition offence in relation to the category 2 | |
territory if these conditions are satisfied— | |
(a) the conduct occurs outside the category 2 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 2 | 45 |
territory in respect of the conduct; | |
| |
| |
|
| |
| |
(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. | |
(4) The conduct also constitutes an extradition offence in relation to the category 2 | 5 |
territory if these conditions are satisfied— | |
(a) the conduct occurs outside the category 2 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 | 10 |
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 2 | |
territory in respect of the conduct. | 15 |
(5) The conduct also constitutes an extradition offence in relation to the category 2 | |
territory if these conditions are satisfied— | |
(a) the conduct occurs outside the category 2 territory and no part of it | |
occurs in the United Kingdom; | |
(b) the conduct is punishable under the law of the category 2 territory with | 20 |
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 (6). | |
(6) The offences are— | 25 |
(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 | 30 |
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. | 35 |
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). | |
(7) If the conduct constitutes an offence under the military law of the category 2 | |
territory but does not constitute an offence under the general criminal law of | 40 |
the relevant part of the United Kingdom it does not constitute an extradition | |
offence; and subsections (1) to (6) have effect subject to this. | |
(8) The relevant part of the United Kingdom is the part of the United Kingdom in | |
which— | |
(a) the extradition hearing took place, if the question of whether conduct | 45 |
constitutes an extradition offence is to be decided by the Secretary of | |
State; | |
(b) proceedings in which it is necessary to decide that question are taking | |
place, in any other case. | |
| |
| |
|
| |
| |
(9) Subsections (1) to (7) apply for the purposes of this Part. | |
138 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; | 5 |
(b) in Scotland, the sheriff of Lothian and Borders; | |
(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 | 10 |
referred to in subsection (1)(a). | |
(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. | 15 |
139 The extradition hearing | |
(1) The extradition hearing is the hearing at which the appropriate judge is to deal | |
with a request for extradition to a category 2 territory. | |
(2) This section applies for the purposes of this Part. | |
140 Scotland: references to Secretary of State | 20 |
(1) This Part applies in relation to any function which falls under this Part to be | |
exercised in relation to Scotland as if references in this Part to the Secretary of | |
State were to the Scottish Ministers. | |
(2) Subsection (1) does not apply to the references to the Secretary of State in | |
sections 82(3), 98(4) and 117. | 25 |
Part 3 | |
Extradition to the United Kingdom | |
Extradition from category 1 territories | |
141 Issue of Part 3 warrant | |
(1) The appropriate judge may issue a Part 3 warrant in respect of a person if— | 30 |
(a) a constable or an appropriate person applies to the judge for a Part 3 | |
warrant, and | |
(b) the condition in subsection (2) is satisfied. | |
(2) The condition is that a domestic warrant has been issued in respect of the | |
person and there is reason to believe— | 35 |
(a) that the person has committed an extradition offence, or | |
| |
| |
|
| |
| |
(b) that the person is unlawfully at large after conviction of an extradition | |
offence by a court in the United Kingdom. | |
(3) A Part 3 warrant is an arrest warrant which contains— | |
(a) the statement referred to in subsection (4) or the statement referred to | |
in subsection (5), and | 5 |
(b) the certificate referred to in subsection (6). | |
(4) The statement is one that— | |
(a) the person in respect of whom the warrant is issued is accused in the | |
United Kingdom of the commission of an extradition offence specified | |
in the warrant, and | 10 |
(b) the warrant is issued with a view to his arrest and extradition to the | |
United Kingdom for the purpose of being prosecuted for the offence. | |
(5) 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 extradition offence specified | 15 |
in the warrant by a court in the United Kingdom, and | |
(b) the warrant is issued with a view to his arrest and extradition to the | |
United Kingdom 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. | 20 |
(6) The certificate is one certifying— | |
(a) whether the conduct constituting the extradition offence specified in | |
the warrant falls within the European framework list; | |
(b) whether the offence is an extra-territorial offence; | |
(c) what is the maximum punishment that may be imposed on conviction | 25 |
of the offence or (if the person has been sentenced for the offence) what | |
sentence has been imposed. | |
(7) The conduct which falls within the European framework list must be taken for | |
the purposes of subsection (6)(a) to include conduct which constitutes— | |
(a) an attempt, conspiracy or incitement to carry out conduct falling within | 30 |
the list, or | |
(b) aiding, abetting, counselling or procuring the carrying out of conduct | |
falling within the list. | |
(8) The European framework list is the list of conduct set out in article 2.2 of the | |
European framework decision. | 35 |
(9) A domestic warrant is a warrant for the arrest or apprehension of a person | |
which is issued under any of these— | |
(a) section 72 of the Criminal Justice Act 1967 (c. 80); | |
(b) section 7 of the Bail Act 1976 (c. 63); | |
(c) section 51 of the Judicature (Northern Ireland) Act 1978 (c. 23); | 40 |
(d) section 1 of the Magistrates’ Courts Act 1980 (c. 43); | |
(e) Article 20 or 25 of the Magistrates’ Courts (Northern Ireland) Order | |
1981 (S.I. 1981/ 1675 (N.I. 26); | |
(f) the Criminal Procedure (Scotland) Act 1995 (c. 46). | |
(10) An appropriate person is a person of a description specified in an order made | 45 |
by the Secretary of State for the purposes of this section. | |
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| |
(11) Subsection (1)(a) applies to Scotland with the substitution of “a procurator | |
fiscal” for “a constable or an appropriate person”. | |
142 Undertaking in relation to person serving sentence | |
(1) This section applies if— | |
(a) a Part 3 warrant is issued in respect of a person; | 5 |
(b) the person is serving a sentence of imprisonment or another form of | |
detention in a category 1 territory; | |
(c) the person’s extradition to the United Kingdom from the category 1 | |
territory in pursuance of the warrant is made subject to a condition that | |
an undertaking is given on behalf of the United Kingdom with regard | 10 |
to his treatment in the United Kingdom or his return to the category 1 | |
territory (or both). | |
(2) The Secretary of State may give an undertaking to a person acting on behalf of | |
the category 1 territory with regard to either or both of these things— | |
(a) the treatment in the United Kingdom of the person in respect of whom | 15 |
the warrant is issued; | |
(b) the return of that person to the category 1 territory. | |
(3) The terms which may be included by the Secretary of State in an undertaking | |
given under subsection (2) in relation to a person accused in the United | |
Kingdom of the commission of an offence include terms— | 20 |
(a) that the person be kept in custody until the conclusion of the | |
proceedings against him for the offence and any other offence in | |
respect of which he is permitted to be dealt with in the United | |
Kingdom; | |
(b) that the person be returned to the category 1 territory to serve the | 25 |
remainder of his sentence on the conclusion of those proceedings. | |
(4) The terms which may be included by the Secretary of State in an undertaking | |
given under subsection (2) in relation to a person alleged to be unlawfully at | |
large after conviction of an offence by a court in the United Kingdom include | |
terms that the person be returned to the category 1 territory to serve the | 30 |
remainder of his sentence after serving any sentence imposed on him in the | |
United Kingdom. | |
(5) If the Part 3 warrant was issued by a sheriff, the preceding provisions of this | |
section apply as if the references to the Secretary of State were to the Scottish | |
Ministers. | 35 |
143 Return to extraditing territory to serve sentence | |
(1) This section applies if— | |
(a) a Part 3 warrant is issued in respect of a person; | |
(b) the warrant states that it is issued with a view to his extradition to the | |
United Kingdom for the purpose of being prosecuted for an offence; | 40 |
(c) he is extradited to the United Kingdom from a category 1 territory in | |
pursuance of the warrant; | |
(d) he is extradited on the condition that, if he is convicted of the offence | |
and a sentence of imprisonment or another form of detention is | |
imposed in respect of it, he must be returned to the category 1 territory | 45 |
to serve the sentence; | |
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