Extradition Bill

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House of Commons

Session 2002 - 03
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Other Bills before Parliament

Extradition Bill

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.

Bill 2 53/2

Extradition Bill

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

Bill 2 53/2

Extradition Bill
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

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      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
Introduction
      68         Extradition to category 2 territories
      69         Extradition request and certificate
Arrest
      70         Arrest warrant following extradition request
      71         Person arrested under section 70
      72         Provisional warrant
      73         Person arrested under provisional warrant
The extradition hearing
      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

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      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
Appeals
      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
Time for extradition
      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
Consent to extradition
      123         Consent to extradition: general
      124         Consent to extradition before case sent to Secretary of State

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      125         Consent to extradition after case sent to Secretary of State
Post-extradition matters
      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
Costs
      130         Costs where extradition ordered
      131         Costs where discharge ordered
      132         Costs where discharge ordered: supplementary
Documents
      133         Documents sent by facsimile
      134         Receivable documents
Repatriation cases
      135         Persons serving sentences outside territory where convicted
Interpretation
      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

Extradition Bill
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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.

© Parliamentary copyright 2002
Revised 20 November 2002