|
| |
| |
“Extradition Act 2003 (c. 00) | |
73B The powers of seizure conferred by sections 154(5), 158(5), 159(4), | |
160(5) and (6) and 162(5) and (6) of the Extradition Act 2003 (seizure | |
in connection with extradition).” | |
(3) In Part 2 of Schedule 1 (powers of seizure to which section 51 of that Act | 5 |
applies) at the end add— | |
“Extradition Act 2003 (c. 00) | |
83A The powers of seizure conferred by section 161(6) and (7) of the | |
Extradition Act 2003 (seizure in connection with extradition).” | |
Treatment following arrest | 10 |
164 Fingerprints and samples | |
(1) This section applies if a person has been arrested under an extradition arrest | |
power and is detained at a police station. | |
(2) Fingerprints may be taken from the person only if they are taken by a | |
constable— | 15 |
(a) with the appropriate consent given in writing, or | |
(b) without that consent, under subsection (4). | |
(3) A non-intimate sample may be taken from the person only if it is taken by a | |
constable— | |
(a) with the appropriate consent given in writing, or | 20 |
(b) without that consent, under subsection (4). | |
(4) Fingerprints or a non-intimate sample may be taken from the person without | |
the appropriate consent only if a police officer of at least the rank of inspector | |
authorises the fingerprints or sample to be taken. | |
165 Searches and examination | 25 |
(1) This section applies if a person has been arrested under an extradition arrest | |
power and is detained at a police station. | |
(2) If a police officer of at least the rank of inspector authorises it, the person may | |
be searched or examined, or both, for the purpose of facilitating the | |
ascertainment of his identity. | 30 |
(3) An identifying mark found on a search or examination under this section may | |
be photographed— | |
(a) with the appropriate consent, or | |
(b) without the appropriate consent, if that consent is withheld or it is not | |
practicable to obtain it. | 35 |
(4) The only persons entitled to carry out a search or examination, or take a | |
photograph, under this section are— | |
(a) constables; | |
(b) persons designated for the purposes of this section by the appropriate | |
police officer. | 40 |
| |
| |
|
| |
| |
(5) A person may not under this section— | |
(a) carry out a search or examination of a person of the opposite sex; | |
(b) take a photograph of any part of the body (other than the face) of a | |
person of the opposite sex. | |
(6) An intimate search may not be carried out under this section. | 5 |
(7) Ascertaining a person’s identity includes showing that he is not a particular | |
person. | |
(8) Taking a photograph includes using a process by means of which a visual | |
image may be produced; and photographing a person must be construed | |
accordingly. | 10 |
(9) Mark includes features and injuries and a mark is an identifying mark if its | |
existence in a person’s case facilitates the ascertainment of his identity. | |
(10) The appropriate police officer is— | |
(a) in England and Wales, the chief officer of police for the police area in | |
which the police station in question is situated; | 15 |
(b) in Northern Ireland, the Chief Constable of the Police Service of | |
Northern Ireland. | |
166 Photographs | |
(1) This section applies if a person has been arrested under an extradition arrest | |
power and is detained at a police station. | 20 |
(2) The person may be photographed— | |
(a) with the appropriate consent, or | |
(b) without the appropriate consent, if that consent is withheld or it is not | |
practicable to obtain it. | |
(3) A person proposing to take a photograph of a person under this section— | 25 |
(a) may for the purpose of doing so require the removal of any item or | |
substance worn on or over the whole or any part of the head or face of | |
the person to be photographed, and | |
(b) if the requirement is not complied with may remove the item or | |
substance himself. | 30 |
(4) The only persons entitled to take a photograph under this section are— | |
(a) constables; | |
(b) persons designated for the purposes of this section by the appropriate | |
police officer. | |
(5) Taking a photograph includes using a process by means of which a visual | 35 |
image may be produced; and photographing a person must be construed | |
accordingly. | |
(6) The appropriate police officer is— | |
(a) in England and Wales, the chief officer of police for the police area in | |
which the police station in question is situated; | 40 |
(b) in Northern Ireland, the Chief Constable of the Police Service of | |
Northern Ireland. | |
| |
| |
|
| |
| |
167 Evidence of identity: England and Wales | |
(1) The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows. | |
(2) In section 54A (searches and examination to ascertain identity) at the end | |
insert— | |
“(13) Nothing in this section applies to a person arrested under an | 5 |
extradition arrest power.” | |
(3) In section 61 (fingerprinting) at the end insert— | |
“(10) Nothing in this section applies to a person arrested under an | |
extradition arrest power.” | |
(4) In section 63 (non-intimate samples) at the end insert— | 10 |
“(11) Nothing in this section applies to a person arrested under an | |
extradition arrest power.” | |
(5) In section 64A (photographing of suspects etc.) at the end insert— | |
“(7) Nothing in this section applies to a person arrested under an | |
extradition arrest power.” | 15 |
(6) In section 65 (interpretation of Part 5) after the definition of “drug trafficking” | |
and “drug trafficking offence” insert— | |
“extradition arrest power” means any of the following— | |
(a) a Part 1 warrant (within the meaning given by the Extradition | |
Act 2003) in respect of which a certificate under section 2 of | 20 |
that Act has been issued; | |
(b) section 5 of that Act; | |
(c) a warrant issued under section 70 of that Act; | |
(d) a provisional warrant (within the meaning given by that Act).” | |
168 Evidence of identity: Northern Ireland | 25 |
(1) The Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/ | |
1341 (N.I. 12)) is amended as follows. | |
(2) In Article 55A (searches and examination to ascertain identity) at the end | |
insert— | |
“(13) Nothing in this Article applies to a person arrested under an extradition | 30 |
arrest power.” | |
(3) In Article 61 (fingerprinting) at the end insert— | |
“(10) Nothing in this Article applies to a person arrested under an extradition | |
arrest power.” | |
(4) In Article 63 (non-intimate samples) at the end insert— | 35 |
“(12) Nothing in this Article applies to a person arrested under an extradition | |
arrest power.” | |
(5) In Article 64A (photographing of suspects etc.) at the end insert— | |
“(7) Nothing in this Article applies to a person arrested under an extradition | |
arrest power.” | 40 |
| |
| |
|
| |
| |
(6) In Article 53 (interpretation) after the definition of “drug trafficking” and “drug | |
trafficking offence” insert— | |
“extradition arrest power” means any of the following— | |
(a) a Part 1 warrant (within the meaning given by the Extradition | |
Act 2003) in respect of which a certificate under section 2 of | 5 |
that Act has been issued; | |
(b) section 5 of that Act; | |
(c) a warrant issued under section 70 of that Act; | |
(d) a provisional warrant (within the meaning given by that Act).” | |
169 Other treatment and rights | 10 |
(1) This section applies in relation to cases where a person— | |
(a) is arrested under an extradition arrest power at a police station; | |
(b) is taken to a police station after being arrested elsewhere under an | |
extradition arrest power; | |
(c) is detained at a police station after being arrested under an extradition | 15 |
arrest power. | |
(2) In relation to those cases the Secretary of State may by order apply the | |
provisions mentioned in subsections (3) and (4) with specified modifications. | |
(3) The provisions are these provisions of the Police and Criminal Evidence Act | |
1984 (c. 60)— | 20 |
(a) section 54 (searches of detained persons); | |
(b) section 55 (intimate searches); | |
(c) section 56 (right to have someone informed when arrested); | |
(d) section 58 (access to legal advice). | |
(4) The provisions are these provisions of the Police and Criminal Evidence | 25 |
(Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))— | |
(a) Article 55 (searches of detained persons); | |
(b) Article 56 (intimate searches); | |
(c) Article 57 (right to have someone informed when arrested); | |
(d) Article 59 (access to legal advice). | 30 |
Delivery of seized property | |
170 Delivery of seized property | |
(1) This section applies to— | |
(a) anything which has been seized or produced under this Part, or | |
(b) anything which has been seized under section 50 or 51 of the Criminal | 35 |
Justice and Police Act 2001 (c. 16) in reliance on a power of seizure | |
conferred by this Part. | |
(2) A constable may deliver any such thing to a person who is or is acting on behalf | |
of an authority if the constable has reason to believe that the authority— | |
(a) is an authority of the relevant territory, and | 40 |
(b) has functions such that it is appropriate for the thing to be delivered to | |
it. | |
| |
| |
|
| |
| |
(3) If the relevant seizure power was a warrant issued under this Part, or the thing | |
was produced under an order made under this Part, the relevant territory is the | |
category 1 or category 2 territory specified in the application for the warrant or | |
order. | |
(4) If the relevant seizure power was section 159(4), 160(5) or (6), 161(6) or (7) or | 5 |
162(5) or (6), the relevant territory is— | |
(a) the territory in which the Part 1 warrant was issued, in a case where the | |
applicable extradition arrest power is a Part 1 warrant in respect of | |
which a certificate under section 2 has been issued; | |
(b) the territory in which a constable has reason to believe that a Part 1 | 10 |
warrant has been or will be issued, in a case where the applicable | |
extradition arrest power is section 5; | |
(c) the territory to which a person’s extradition is requested, in a case | |
where the applicable extradition arrest power is a warrant issued under | |
section 70; | 15 |
(d) the territory in which a person is accused of the commission of an | |
offence or has been convicted of an offence, in a case where the | |
applicable extradition arrest power is a provisional warrant. | |
(5) The applicable extradition arrest power is— | |
(a) the extradition arrest power under which a constable had a power of | 20 |
arrest, if the relevant seizure power was section 159(4); | |
(b) the extradition arrest power under which a person was arrested, if the | |
relevant seizure power was section 160(5) or (6), 161(6) or (7) or 162(5) | |
or (6). | |
(6) The relevant seizure power is— | 25 |
(a) the power under which the thing was seized, or | |
(b) the power in reliance on which the thing was seized under section 50 or | |
51 of the Criminal Justice and Police Act 2001 (c. 16). | |
(7) Subsection (1)(a) applies to Scotland with the insertion after “Part” of “(so far | |
as it applies to Scotland) or for the purposes of this Act (as it so applies) by | 30 |
virtue of any enactment or rule of law”. | |
(8) In subsection (7) “enactment” includes an enactment comprised in, or in an | |
instrument made under, an Act of the Scottish Parliament. | |
Codes of practice | |
171 Codes of practice | 35 |
(1) The Secretary of State must issue codes of practice in connection with— | |
(a) the exercise of the powers conferred by this Part; | |
(b) the retention, use and return of anything seized or produced under this | |
Part; | |
(c) access to and the taking of photographs and copies of anything so | 40 |
seized or produced; | |
(d) the retention, use, disclosure and destruction of fingerprints, a sample | |
or a photograph taken under this Part. | |
(2) If the Secretary of State proposes to issue a code of practice under this section | |
he must— | 45 |
| |
| |
|
| |
| |
(a) publish a draft of the code; | |
(b) consider any representations made to him about the draft; | |
(c) if he thinks it appropriate, modify the draft in the light of any such | |
representations. | |
(3) The Secretary of State must lay the code before Parliament. | 5 |
(4) When he has done so he may bring the code into operation by order. | |
(5) The Secretary of State may revise the whole or any part of a code issued under | |
this section and issue the code as revised; and subsections (2) to (4) apply to | |
such a revised code as they apply to the original code. | |
(6) A failure by a constable to comply with a provision of a code issued under this | 10 |
section does not of itself make him liable to criminal or civil proceedings. | |
(7) A code issued under this section is admissible in evidence in proceedings | |
under this Act and must be taken into account by a judge or court in | |
determining any question to which it appears to the judge or the court to be | |
relevant. | 15 |
General | |
172 Interpretation | |
(1) Subsections (2) to (8) apply for the purposes of this Part. | |
(2) Each of these is an extradition arrest power— | |
(a) a Part 1 warrant in respect of which a certificate under section 2 has | 20 |
been issued; | |
(b) section 5; | |
(c) a warrant issued under section 70; | |
(d) a provisional warrant. | |
(3) “Excluded material”— | 25 |
(a) in England and Wales, has the meaning given by section 11 of the 1984 | |
Act; | |
(b) in Northern Ireland, has the meaning given by Article 13 of the 1989 | |
Order. | |
(4) “Items subject to legal privilege”— | 30 |
(a) in England and Wales, has the meaning given by section 10 of the 1984 | |
Act; | |
(b) in Northern Ireland, has the meaning given by Article 12 of the 1989 | |
Order. | |
(5) “Premises”— | 35 |
(a) in England and Wales, has the meaning given by section 23 of the 1984 | |
Act; | |
(b) in Northern Ireland, has the meaning given by Article 25 of the 1989 | |
Order. | |
(6) “Special procedure material”— | 40 |
(a) in England and Wales, has the meaning given by section 14 of the 1984 | |
Act; | |
| |
| |
|
| |
| |
(b) in Northern Ireland, has the meaning given by Article 16 of the 1989 | |
Order. | |
(7) The expressions in subsection (8) have the meanings given— | |
(a) in England and Wales, by section 65 of the 1984 Act; | |
(b) in Northern Ireland, by Article 53 of the 1989 Order. | 5 |
(8) The expressions are— | |
(a) appropriate consent; | |
(b) fingerprints; | |
(c) intimate search; | |
(d) non-intimate sample. | 10 |
(9) The 1984 Act is the Police and Criminal Evidence Act 1984 (c. 60). | |
(10) The 1989 Order is the Police and Criminal Evidence (Northern Ireland) Order | |
1989 (S.I. 1989/1341 (N.I. 12)). | |
173 Customs officers | |
(1) The Treasury may by order provide for any provision of this Part which | 15 |
applies in relation to police officers or persons arrested by police officers to | |
apply with specified modifications in relation to customs officers or persons | |
arrested by customs officers. | |
(2) A customs officer is a person commissioned by the Commissioners of Customs | |
and Excise under section 6(3) of the Customs and Excise Management Act 1979 | 20 |
(c. 2). | |
Part 5 | |
Miscellaneous and general | |
British overseas territories | |
174 Extradition to Commonwealth countries etc. | 25 |
(1) An Order in Council may apply any relevant provision to extradition from a | |
British overseas territory to a category 2 territory which is— | |
(a) a Commonwealth country; | |
(b) a British overseas territory; | |
(c) the Hong Kong Special Administrative Region of the People’s Republic | 30 |
of China. | |
(2) A relevant provision is a provision of this Act that applies to extradition from | |
the United Kingdom to a category 2 territory falling within any of paragraphs | |
(a) to (c) of subsection (1). | |
(3) An Order in Council under this section may provide that the provision applied | 35 |
has effect with specified modifications. | |
| |
| |
|
