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A | |
Bill | |
[AS AMENDED IN STANDING COMMITTEE D] | |
To | |
make provision about extradition. | |
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and | |
consent of the Lords Spiritual and Temporal, and Commons, in this present | |
Parliament assembled, and by the authority of the same, as follows:— | |
Part 1 | |
Extradition to category 1 territories | |
Introduction | |
1 Extradition to category 1 territories | |
(1) This Part deals with extradition from the United Kingdom to the territories | 5 |
designated for the purposes of this Part by Order in Council. | |
(2) In this Act references to category 1 territories are to the territories designated | |
for the purposes of this Part. | |
2 Part 1 warrant and certificate | |
(1) This section applies if the designated authority receives a Part 1 warrant in | 10 |
respect of a person. | |
(2) A Part 1 warrant is an arrest warrant which is issued by an authority of a | |
category 1 territory and which contains— | |
(a) the statement referred to in subsection (3) and the information referred | |
to in subsection (4), or | 15 |
(b) the statement referred to in subsection (5) and the information referred | |
to in subsection (6). | |
(3) The statement is one that— | |
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(a) the person in respect of whom the Part 1 warrant is issued is accused in | |
the category 1 territory of the commission of an offence specified in the | |
warrant, and | |
(b) the Part 1 warrant is issued with a view to his arrest and extradition to | |
the category 1 territory for the purpose of being prosecuted for the | 5 |
offence. | |
(4) The information is— | |
(a) particulars of the person’s identity; | |
(b) particulars of any other warrant issued in the category 1 territory for | |
the person’s arrest in respect of the offence; | 10 |
(c) particulars of the circumstances in which the person is alleged to have | |
committed the offence, including the conduct alleged to constitute the | |
offence and the time and place at which he is alleged to have committed | |
the offence; | |
(d) particulars of the sentence which may be imposed under the law of the | 15 |
category 1 territory in respect of the offence if the person is convicted of | |
it. | |
(5) The statement is one that— | |
(a) the person in respect of whom the Part 1 warrant is issued is alleged to | |
be unlawfully at large after conviction of an offence specified in the | 20 |
warrant by a court in the category 1 territory, and | |
(b) the Part 1 warrant is issued with a view to his arrest and extradition to | |
the category 1 territory 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. | 25 |
(6) The information is— | |
(a) particulars of the person’s identity; | |
(b) particulars of the conviction; | |
(c) particulars of any other warrant issued in the category 1 territory for | |
the person’s arrest in respect of the offence; | 30 |
(d) particulars of the sentence which may be imposed under the law of the | |
category 1 territory in respect of the offence, if the person has not been | |
sentenced for the offence; | |
(e) particulars of the sentence which has been imposed under the law of | |
the category 1 territory in respect of the offence, if the person has been | 35 |
sentenced for the offence. | |
(7) The designated authority may issue a certificate under this section if it believes | |
that the authority which issued the Part 1 warrant has the function of issuing | |
arrest warrants in the category 1 territory. | |
(8) A certificate under this section must certify that the authority which issued the | 40 |
Part 1 warrant has the function of issuing arrest warrants in the category 1 | |
territory. | |
(9) The designated authority is the authority designated for the purposes of this | |
Part by Order in Council. | |
(10) An Order in Council made under subsection (9) may— | 45 |
(a) designate more than one authority; | |
(b) designate different authorities for different parts of the United | |
Kingdom. | |
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Arrest | |
3 Arrest under certified Part 1 warrant | |
(1) This section applies if a certificate is issued under section 2 in respect of a Part | |
1 warrant. | |
(2) The warrant may— | 5 |
(a) be executed in any part of the United Kingdom; | |
(b) be executed by a constable or by an appropriate person; | |
(c) be executed even if neither the warrant nor a copy of it is in the | |
possession of the person executing it at the time of the arrest. | |
(3) An appropriate person is a person of a description specified in an order made | 10 |
by the Secretary of State for the purposes of this section. | |
4 Person arrested under Part 1 warrant | |
(1) This section applies if a person is arrested under a Part 1 warrant. | |
(2) If neither the warrant nor a copy of it was shown to the person at the time of | |
his arrest and he asks to be shown the warrant, the warrant or a copy of it must | 15 |
be shown to him as soon as practicable after his request. | |
(3) The person must be brought as soon as practicable before the appropriate | |
judge. | |
(4) If subsection (2) or (3) is not complied with the person must be taken to be | |
discharged. | 20 |
(5) A person arrested under the warrant must be treated as continuing in legal | |
custody until he is brought before the appropriate judge under subsection (3) | |
or he is taken to be discharged under subsection (4). | |
5 Provisional arrest | |
(1) A constable or an appropriate person may arrest a person without a warrant in | 25 |
any part of the United Kingdom if he has reason to believe— | |
(a) that a Part 1 warrant has been or will be issued in respect of the person | |
by an authority of a category 1 territory, and | |
(b) that the authority has the function of issuing arrest warrants in the | |
category 1 territory. | 30 |
(2) An appropriate person is a person of a description specified in an order made | |
by the Secretary of State for the purposes of this section. | |
6 Person arrested under section 5 | |
(1) This section applies if a person is arrested under section 5. | |
(2) The following must occur within the required period— | 35 |
(a) the person must be brought before the appropriate judge; | |
(b) the documents specified in subsection (4) must be produced to the | |
judge. | |
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(3) The required period is 48 hours starting with the time when the person is | |
arrested. | |
(4) The documents are— | |
(a) a Part 1 warrant in respect of the person; | |
(b) a certificate under section 2 in respect of the warrant. | 5 |
(5) If subsection (2) is not complied with the person must be taken to be | |
discharged. | |
(6) The person must be treated as continuing in legal custody until he is brought | |
before the appropriate judge under subsection (2) or he is taken to be | |
discharged under subsection (5). | 10 |
The initial hearing | |
7 Identity of person arrested | |
(1) This section applies if— | |
(a) a person arrested under a Part 1 warrant is brought before the | |
appropriate judge under section 4(3), or | 15 |
(b) a person is arrested under section 5 and section 6(2) is complied with in | |
relation to him. | |
(2) The judge must decide whether the person brought before him is the person in | |
respect of whom— | |
(a) the warrant referred to in subsection (1)(a) was issued, or | 20 |
(b) the warrant referred to in section 6(4) was issued. | |
(3) If the judge decides the question in subsection (2) in the negative he must order | |
the person’s discharge. | |
(4) If the judge decides that question in the affirmative he must proceed under | |
section 8. | 25 |
(5) In England and Wales, the judge has the same powers (as nearly as may be) as | |
a magistrates’ court would have if the proceedings were the summary trial of | |
an information against the person. | |
(6) In Scotland— | |
(a) the judge has the same powers (as nearly as may be) as if the | 30 |
proceedings were summary proceedings in respect of an offence | |
alleged to have been committed by the person; but | |
(b) in his making any decision under subsection (2) evidence from a single | |
source shall be sufficient. | |
(7) In Northern Ireland, the judge has the same powers (as nearly as may be) as a | 35 |
magistrates’ court would have if the proceedings were the hearing and | |
determination of a complaint against the person. | |
(8) If the judge exercises his power to adjourn the proceedings he must remand the | |
person in custody or on bail. | |
(9) If the judge remands the person in custody he may later grant bail. | 40 |
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