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| |
| |
(e) he is convicted of the offence and a sentence of imprisonment or | |
another form of detention is imposed in respect of it. | |
(2) The person must be returned to the category 1 territory to serve the sentence as | |
soon as is reasonably practicable after the sentence is imposed. | |
(3) If subsection (2) is complied with the punishment for the offence must be | 5 |
treated as remitted but the person’s conviction for the offence must be treated | |
as a conviction for all other purposes. | |
(4) If subsection (2) is not complied with and the person applies to the appropriate | |
judge to be discharged the judge must order his discharge, unless reasonable | |
cause is shown for the delay. | 10 |
144 Service of sentence in territory executing Part 3 warrant | |
(1) This section applies if— | |
(a) a Part 3 warrant is issued in respect of a person; | |
(b) the certificate contained in the warrant certifies that a sentence has been | |
imposed; | 15 |
(c) an undertaking is given on behalf of a category 1 territory that the | |
person will be required to serve the sentence in the territory; | |
(d) on the basis of the undertaking the person is not extradited to the | |
United Kingdom from the category 1 territory. | |
(2) The punishment for the offence must be treated as remitted but the person’s | 20 |
conviction for the offence must be treated as a conviction for all other purposes. | |
145 Dealing with person for other offences | |
(1) This section applies if a person is extradited to the United Kingdom from a | |
category 1 territory in pursuance of a Part 3 warrant. | |
(2) The person may be dealt with in the United Kingdom for an offence committed | 25 |
before his extradition only if— | |
(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; | 30 |
(b) an offence disclosed by the information provided to the category 1 | |
territory in respect of that offence; | |
(c) an extradition offence in respect of which consent to the person being | |
dealt with is given on behalf of the territory; | |
(d) an extradition offence in respect of which consent to the person being | 35 |
dealt with is treated as given on behalf of the territory; | |
(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; | 40 |
(g) an offence in respect of which the person waives the right that he would | |
have (but for this paragraph) not to be dealt with for the offence. | |
(4) The condition is that the person has been given an opportunity to leave the | |
United Kingdom and— | |
| |
| |
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| |
| |
(a) he has not done so before the end of the permitted period, or | |
(b) he has done so before the end of the permitted period and has returned | |
to the United Kingdom. | |
(5) The permitted period is 45 days starting with the day on which the person | |
arrives in the United Kingdom. | 5 |
(6) Consent to the person being dealt with for an offence is treated as given on | |
behalf of the category 1 territory if the category 1 territory and the United | |
Kingdom have each given a notification under article 27.1 of the European | |
framework decision in relation to the offence. | |
(7) But subsection (6) does not apply if the authority of the category 1 territory | 10 |
which ordered the person’s extradition to the United Kingdom makes a | |
statement to that effect in the person’s case. | |
146 Effect of consent to extradition to the United Kingdom | |
(1) This section applies if— | |
(a) a person is extradited to the United Kingdom from a category 1 | 15 |
territory in pursuance of a Part 3 warrant; | |
(b) the person consented to his extradition to the United Kingdom in | |
accordance with the law of the category 1 territory. | |
(2) Section 145(2) does not apply if the conditions in subsection (3) or the | |
conditions in subsection (4) are satisfied. | 20 |
(3) The conditions are that— | |
(a) under the law of the category 1 territory, the effect of the person’s | |
consent is to waive his right under section 145(2); | |
(b) the person has not revoked his consent in accordance with that law, if | |
he is permitted to do so under that law. | 25 |
(4) The conditions are that— | |
(a) under the law of the category 1 territory, the effect of the person’s | |
consent is not to waive his right under section 145(2); | |
(b) the person has expressly waived his right under section 145(2) in | |
accordance with that law; | 30 |
(c) the person has not revoked his consent in accordance with that law, if | |
he is permitted to do so under that law; | |
(d) the person has not revoked the waiver of his right under section 145(2) | |
in accordance with that law, if he is permitted to do so under that law. | |
147 Extradition offences | 35 |
(1) Conduct constitutes an extradition offence in relation to the United Kingdom | |
if these conditions are satisfied— | |
(a) the conduct occurs in the United Kingdom; | |
(b) the conduct is punishable under the law of the relevant part of the | |
United Kingdom with imprisonment or another form of detention for a | 40 |
term of 12 months or a greater punishment. | |
(2) Conduct also constitutes an extradition offence in relation to the United | |
Kingdom if these conditions are satisfied— | |
(a) the conduct occurs outside the United Kingdom; | |
| |
| |
|
| |
| |
(b) the conduct constitutes an extra-territorial offence punishable under | |
the law of the relevant part of the United Kingdom with imprisonment | |
or another form of detention for a term of 12 months or a greater | |
punishment. | |
(3) But subsections (1) and (2) do not apply in relation to conduct of a person if— | 5 |
(a) he is alleged to be unlawfully at large after conviction by a court in the | |
United Kingdom of the offence constituted by the conduct, and | |
(b) he has been sentenced for the offence. | |
(4) Conduct also constitutes an extradition offence in relation to the United | |
Kingdom if these conditions are satisfied— | 10 |
(a) the conduct occurs in the United Kingdom; | |
(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 United | |
Kingdom in respect of the conduct. | |
(5) Conduct also constitutes an extradition offence in relation to the United | 15 |
Kingdom if these conditions are satisfied— | |
(a) the conduct occurs outside the United Kingdom; | |
(b) the conduct constitutes an extra-territorial offence; | |
(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 United | 20 |
Kingdom in respect of the conduct. | |
(6) The relevant part of the United Kingdom is the part of the United Kingdom in | |
which the relevant proceedings are taking place. | |
(7) The relevant proceedings are the proceedings in which it is necessary to decide | |
whether conduct constitutes an extradition offence. | 25 |
(8) Subsections (1) to (5) apply for the purposes of sections 141 to 146. | |
148 The appropriate judge | |
(1) The appropriate judge is— | |
(a) in England and Wales, a district judge (magistrates’ courts), a justice of | |
the peace or a judge entitled to exercise the jurisdiction of the Crown | 30 |
Court; | |
(b) in Scotland, a sheriff; | |
(c) in Northern Ireland, a justice of the peace, a resident magistrate or a | |
Crown Court judge. | |
(2) This section applies for the purposes of sections 141 to 146. | 35 |
Extradition from category 2 territories | |
149 Dealing with person for other offences: Commonwealth countries etc. | |
(1) This section applies if— | |
(a) a person is extradited to the United Kingdom from a category 2 | |
territory under law of the territory corresponding to Part 2 of this Act, | 40 |
and | |
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| |
|
| |
| |
(b) the territory is a Commonwealth country, a British overseas territory or | |
the Hong Kong Special Administrative Region of the People’s Republic | |
of China. | |
(2) The person may be dealt with in the United Kingdom for an offence committed | |
before his extradition only if— | 5 |
(a) the offence is one falling within subsection (3), or | |
(b) the condition in subsection (6) is satisfied. | |
(3) The offences are— | |
(a) the offence in respect of which the person is extradited; | |
(b) a lesser offence disclosed by the information provided to the category 2 | 10 |
territory in respect of that offence; | |
(c) an offence in respect of which consent to the person being dealt with is | |
given by or on behalf of the relevant authority. | |
(4) An offence is a lesser offence in relation to another offence if the maximum | |
punishment for it is less severe than the maximum punishment for the other | 15 |
offence. | |
(5) The relevant authority is— | |
(a) if the person has been extradited from a Commonwealth country, the | |
government of the country; | |
(b) if the person has been extradited from a British overseas territory, the | 20 |
person administering the territory; | |
(c) if the person has been extradited from the Hong Kong Special | |
Administrative Region of the People’s Republic of China, the | |
government of the Region. | |
(6) The condition is that the protected period has ended. | 25 |
(7) The protected period is 45 days starting with the first day after his extradition | |
to the United Kingdom on which the person is given an opportunity to leave | |
the United Kingdom. | |
(8) A person is dealt with in the United Kingdom for an offence if— | |
(a) he is tried there for it; | 30 |
(b) he is detained with a view to trial there for it. | |
150 Dealing with person for other offences: other category 2 territories | |
(1) This section applies if— | |
(a) a person is extradited to the United Kingdom from a category 2 | |
territory under law of the territory corresponding to Part 2 of this Act, | 35 |
and | |
(b) the territory is not one falling within section 149(1)(b). | |
(2) The person may be dealt with in the United Kingdom for an offence committed | |
before his extradition only if— | |
(a) the offence is one falling within subsection (3), or | 40 |
(b) the condition in subsection (4) is satisfied. | |
(3) The offences are— | |
(a) the offence in respect of which the person is extradited; | |
| |
| |
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| |
| |
(b) an offence disclosed by the information provided to the category 2 | |
territory in respect of that offence; | |
(c) an offence in respect of which consent to the person being dealt with is | |
given on behalf of the territory. | |
(4) The condition is that— | 5 |
(a) the person has returned to the territory from which he was extradited, | |
or | |
(b) the person has been given an opportunity to leave the United Kingdom. | |
(5) A person is dealt with in the United Kingdom for an offence if— | |
(a) he is tried there for it; | 10 |
(b) he is detained with a view to trial there for it. | |
151 Remission of punishment for other offences | |
(1) This section applies if— | |
(a) a person is extradited to the United Kingdom from a category 2 | |
territory under law of the territory corresponding to Part 2 of this Act; | 15 |
(b) before his extradition he has been convicted of an offence in the United | |
Kingdom; | |
(c) he has not been extradited in respect of that offence. | |
(2) The punishment for the offence must be treated as remitted but the person’s | |
conviction for the offence must be treated as a conviction for all other purposes. | 20 |
152 Return of person acquitted or not tried | |
(1) This section applies if— | |
(a) a person is accused in the United Kingdom of the commission of an | |
offence; | |
(b) the person is extradited to the United Kingdom in respect of the offence | 25 |
from a category 2 territory under law of the territory corresponding to | |
Part 2 of this Act; | |
(c) the condition in subsection (2) or the condition in subsection (3) is | |
satisfied. | |
(2) The condition is that proceedings against the person for the offence are not | 30 |
begun before the end of the required period, which is 6 months starting with | |
the day on which the person arrives in the United Kingdom on his extradition. | |
(3) The condition is that at his trial for the offence the person is acquitted or is | |
discharged under any of these provisions— | |
(a) section 12(1) of the Powers of Criminal Courts (Sentencing) Act 2000 | 35 |
(c. 6); | |
(b) section 246(1), (2) or (3) of the Criminal Procedure (Scotland) Act 1995 | |
(c. 46); | |
(c) Article 4(1) of the Criminal Justice (Northern Ireland) Order 1996 (S.I. | |
1996/3160 (N.I. 24)). | 40 |
(4) The Secretary of State must, if asked to do so by the person, arrange for him to | |
be sent back to the territory free of charge and with as little delay as possible. | |
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(5) If the accusation in subsection (1)(a) relates to the commission of an offence in | |
Scotland, subsection (4) applies as if the reference to the Secretary of State were | |
a reference to the Scottish Ministers. | |
Service personnel | |
153 Service personnel | 5 |
The Secretary of State may by order provide for the preceding provisions of | |
this Part to have effect with specified modifications in relation to a case where | |
the person whose extradition is sought or ordered is subject to military law, air- | |
force law or the Naval Discipline Act 1957 (c. 53). | |
Part 4 | 10 |
Police powers | |
Warrants and orders | |
154 Search and seizure warrants | |
(1) A justice of the peace may, on an application made to him by a constable, issue | |
a search and seizure warrant if he is satisfied that the requirements for the issue | 15 |
of a search and seizure warrant are fulfilled. | |
(2) The application for a search and seizure warrant must state that— | |
(a) the extradition of a person specified in the application is sought under | |
Part 1 or Part 2; | |
(b) the warrant is sought in relation to premises specified in the | 20 |
application; | |
(c) the warrant is sought in relation to material, or material of a | |
description, specified in the application. | |
(3) If the application states that the extradition of the person is sought under Part | |
1, the application must also state that the person is accused in a category 1 | 25 |
territory specified in the application of the commission of an offence— | |
(a) which is specified in the application, and | |
(b) which is an extradition offence within the meaning given by section 63. | |
(4) If the application states that the extradition of the person is sought under Part | |
2, the application must also state that the person is accused in a category 2 | 30 |
territory specified in the application of the commission of an offence— | |
(a) which is specified in the application, and | |
(b) which is an extradition offence within the meaning given by section | |
136. | |
(5) A search and seizure warrant is a warrant authorising a constable— | 35 |
(a) to enter and search the premises specified in the application for the | |
warrant, and | |
(b) to seize and retain any material found there which falls within | |
subsection (6). | |
(6) Material falls within this subsection if— | 40 |
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| |
(a) it would be likely to be admissible evidence at a trial in the relevant part | |
of the United Kingdom for the offence specified in the application for | |
the warrant (on the assumption that conduct constituting that offence | |
would constitute an offence in that part of the United Kingdom), and | |
(b) it does not consist of or include items subject to legal privilege, | 5 |
excluded material or special procedure material. | |
(7) The relevant part of the United Kingdom is the part of the United Kingdom | |
where the judge exercises jurisdiction. | |
(8) The requirements for the issue of a search and seizure warrant are that there | |
are reasonable grounds for believing that— | 10 |
(a) the offence specified in the application has been committed by the | |
person so specified; | |
(b) the person is in the United Kingdom or is on his way to the United | |
Kingdom; | |
(c) the offence is an extradition offence within the meaning given by | 15 |
section 63 (if subsection (3) applies) or section 136 (if subsection (4) | |
applies); | |
(d) there is material on premises specified in the application which falls | |
within subsection (6); | |
(e) any of the conditions referred to in subsection (9) is satisfied. | 20 |
(9) The conditions are— | |
(a) that it is not practicable to communicate with a person entitled to grant | |
entry to the premises; | |
(b) that it is practicable to communicate with a person entitled to grant | |
entry to the premises but it is not practicable to communicate with a | 25 |
person entitled to grant access to the material referred to in subsection | |
(8)(d); | |
(c) that entry to the premises will not be granted unless a warrant is | |
produced; | |
(d) that the purpose of a search may be frustrated or seriously prejudiced | 30 |
unless a constable arriving at the premises can secure immediate entry | |
to them. | |
(10) The preceding provisions of this section apply to Scotland with these | |
modifications— | |
(a) in subsection (1) for “justice of the peace” substitute “sheriff”; | 35 |
(b) in subsection (1) for “constable” substitute “procurator fiscal”; | |
(c) for “search and seizure warrant” substitute “warrant to search”; | |
(d) omit subsection (6)(b). | |
155 Production orders | |
(1) A judge may, on an application made to him by a constable, make a production | 40 |
order if he is satisfied that the requirements for the making of a production | |
order are fulfilled. | |
(2) The application for a production order must state that— | |
(a) the extradition of a person specified in the application is sought under | |
Part 1 or Part 2; | 45 |
(b) the order is sought in relation to premises specified in the application; | |
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