Extradition Bill
EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Home Office, are published separately
as Bill 2–EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
Mr Secretary Blunkett has made the following statement under section 19(1)(a) of the
Human Rights Act 1998:
In my view the provisions of the Extradition Bill are compatible with the Convention
rights.
Contents
Part 1
Extradition to category 1 territories
Introduction
1 Extradition to category 1 territories
2 Part 1 warrant and certificate
Arrest
3 Arrest under certified Part 1 warrant
4 Person arrested under Part 1 warrant
5 Provisional arrest
6 Person arrested under section 5
The initial hearing
7 Identity of person arrested
8 Remand etc.
The extradition hearing
9 Judge’s powers at extradition hearing
10 Initial stage of extradition hearing
11 Bars to extradition
12 Rule against double jeopardy
13 Extraneous considerations
14 Age
15 Death penalty
16 Hostage-taking considerations
17 Speciality
18 Earlier extradition to United Kingdom from category 1 territory
19 Earlier extradition to United Kingdom from non-category 1 territory
20 Case where person has been convicted
21 Human rights
iv
Matters arising before end of extradition hearing
22 Person charged with offence in United Kingdom
23 Person serving sentence in United Kingdom
24 Extradition request
25 Physical or mental condition
Appeals
26 Appeal against extradition order
27 Court’s powers on appeal under section 26
28 Appeal against discharge at extradition hearing
29 Court’s powers on appeal under section 28
30 Detention pending conclusion of appeal under section 28
31 Appeal to High Court: time limit for start of hearing
32 Appeal to House of Lords
33 Powers of House of Lords on appeal under section 32
34 Appeals: general
Time for extradition
35 Extradition where no appeal
36 Extradition following appeal
37 Undertaking in relation to person serving sentence in United Kingdom
38 Extradition following deferral for competing claim
39 Position where asylum claimed
Withdrawal of Part 1 warrant
40 Withdrawal of warrant before extradition
41 Withdrawal of warrant while appeal to High Court pending
42 Withdrawal of warrant while appeal to House of Lords pending
Competing Part 1 warrants
43 Competing Part 1 warrants
Consent to extradition
44 Consent to extradition
45 Extradition order following consent
46 Extradition to category 1 territory following consent
47 Other warrant issued following consent
48 Other warrant issued: extradition to category 1 territory
49 Other warrant issued: proceedings deferred
50 Extradition request following consent
Post-extradition matters
51 Request for consent to other offence being dealt with
52 Questions for decision at consent hearing
53 Presumed consent to other offence being dealt with
54 Request for consent to further extradition to category 1 territory
55 Questions for decision at consent hearing
56 Presumed consent to further extradition to category 1 territory
v
57 Consent to further extradition to category 2 territory
58 Return of person to serve remainder of sentence
Costs
59 Costs where extradition ordered
60 Costs where discharge ordered
61 Costs where discharge ordered: supplementary
Documents
62 Documents sent by facsimile
Interpretation
63 Extradition offences: person not sentenced for offence
64 Extradition offences: person sentenced for offence
65 Extradition offences: supplementary
66 The appropriate judge
67 Other interpretative provisions
Part 2
Extradition to category 2 territories
68 Extradition to category 2 territories
69 Extradition request and certificate
70 Arrest warrant following extradition request
71 Person arrested under section 70
72 Provisional warrant
73 Person arrested under provisional warrant
74 Date of extradition hearing: arrest under section 70
75 Date of extradition hearing: arrest under provisional warrant
76 Judge’s powers at extradition hearing
77 Initial stages of extradition hearing
78 Bars to extradition
79 Rule against double jeopardy
80 Extraneous considerations
81 Passage of time
82 Hostage-taking considerations
83 Case where person has not been convicted
84 Case where person has been convicted
85 Conviction in person’s absence
86 Human rights
87 Competing extradition claim
88 Physical or mental condition
vi
89 Case sent to Secretary of State
Secretary of State’s functions
90 Secretary of State’s consideration of case
91 Death penalty
92 Speciality
93 Earlier extradition to United Kingdom from other territory
94 Deferral: person charged with offence in United Kingdom
95 Deferral: person serving sentence in United Kingdom
96 Time limit for order for extradition or discharge
97 Information
98 Making of order for extradition or discharge
99 Appeal where case sent to Secretary of State
100 Court’s powers on appeal under section 99
101 Appeal against discharge at extradition hearing
102 Court’s powers on appeal under section 101
103 Detention pending conclusion of appeal under section 101
104 Appeal against extradition order
105 Court’s powers on appeal under section 104
106 Appeal against discharge by Secretary of State
107 Court’s powers on appeal under section 106
108 Detention pending conclusion of appeal under section 106
109 Appeal to High Court: time limit for start of hearing
110 Appeal to House of Lords
111 Powers of House of Lords on appeal under section 110
112 Appeals: general
113 Extradition where no appeal
114 Extradition following appeal
115 Undertaking in relation to person serving sentence in United Kingdom
116 Extradition following deferral for competing claim
117 Position where asylum claimed
Withdrawal of extradition request
118 Withdrawal of request before end of extradition hearing
119 Withdrawal of request after case sent to Secretary of State
120 Withdrawal of request while appeal to High Court pending
121 Withdrawal of request while appeal to House of Lords pending
Competing extradition requests
122 Competing extradition requests
123 Consent to extradition: general
124 Consent to extradition before case sent to Secretary of State
vii
125 Consent to extradition after case sent to Secretary of State
126 Consent to other offence being dealt with
127 Consent to further extradition to category 2 territory
128 Consent to further extradition to category 1 territory
129 Return of person to serve remainder of sentence
130 Costs where extradition ordered
131 Costs where discharge ordered
132 Costs where discharge ordered: supplementary
133 Documents sent by facsimile
134 Receivable documents
Repatriation cases
135 Persons serving sentences outside territory where convicted
136 Extradition offences: person not sentenced for offence
137 Extradition offences: person sentenced for offence
138 The appropriate judge
139 The extradition hearing
140 Scotland: references to Secretary of State
Part 3
Extradition to the United Kingdom
Extradition from category 1 territories
141 Issue of Part 3 warrant
142 Undertaking in relation to person serving sentence
143 Return to extraditing territory to serve sentence
144 Service of sentence in territory executing Part 3 warrant
145 Dealing with person for other offences
146 Effect of consent to extradition to the United Kingdom
147 Extradition offences
148 The appropriate judge
Extradition from category 2 territories
149 Dealing with person for other offences: Commonwealth countries etc.
150 Dealing with person for other offences: other category 2 territories
151 Remission of punishment for other offences
152 Return of person acquitted or not tried
viii
Service personnel
153 Service personnel
Part 4
Police powers
Warrants and orders
154 Search and seizure warrants
155 Production orders
156 Requirements for making of production order
157 Computer information
158 Warrants: special procedure material and excluded material
Search and seizure without warrant
159 Entry and search of premises for purposes of arrest
160 Entry and search of premises on arrest
161 Search of person on arrest
162 Entry and search of premises after arrest
163 Additional seizure powers
Treatment following arrest
164 Fingerprints and samples
165 Searches and examination
166 Photographs
167 Evidence of identity: England and Wales
168 Evidence of identity: Northern Ireland
169 Other treatment and rights
Delivery of seized property
170 Delivery of seized property
Codes of practice
171 Codes of practice
General
172 Interpretation
173 Customs officers
Part 5
Miscellaneous and general
British overseas territories
174 Extradition to Commonwealth countries etc.
175 Extradition to other category 2 territories
176 Extradition from Commonwealth countries etc.