|
| |
| |
(b) must be determined in accordance with regulations made by the Lord | |
Chancellor for the purposes of this section, in any other case. | |
61 Costs where discharge ordered: supplementary | |
(1) In England and Wales, subsections (1) and (3) of section 20 of the Prosecution | |
of Offences Act 1985 (c. 23) (regulations for carrying Part 2 of that Act into | 5 |
effect) apply in relation to section 60 as those subsections apply in relation to | |
Part 2 of that Act. | |
(2) As so applied those subsections have effect as if an order under section 60(5) | |
were an order under Part 2 of that Act for a payment to be made out of central | |
funds. | 10 |
(3) In Northern Ireland, section 7 of the Costs in Criminal Cases Act (Northern | |
Ireland) 1968 (c.10) (rules relating to costs) applies in relation to section 60 as | |
that section applies in relation to sections 2 to 5 of that Act. | |
Documents | |
62 Documents sent by facsimile | 15 |
(1) Any document to be sent in connection with proceedings under this Part may | |
be sent by facsimile transmission. | |
(2) If a document mentioned in subsection (1) is sent by facsimile transmission— | |
(a) this Act has effect as if the document so sent were the original used to | |
make the transmission; | 20 |
(b) the document so sent may be received in evidence accordingly. | |
Interpretation | |
63 Extradition offences: person not sentenced for offence | |
(1) This section applies in relation to conduct of a person if— | |
(a) he is accused in a category 1 territory of the commission of an offence | 25 |
constituted by the conduct, or | |
(b) he is alleged to be unlawfully at large after conviction by a court in a | |
category 1 territory of an offence constituted by the conduct and he has | |
not been sentenced for the offence. | |
(2) The conduct constitutes an extradition offence in relation to the category 1 | 30 |
territory if these conditions are satisfied— | |
(a) the conduct occurs in the category 1 territory; | |
(b) a certificate issued by an appropriate authority of the category 1 | |
territory shows that the conduct falls within the European framework | |
list; | 35 |
(c) the certificate shows that the conduct is punishable under the law of the | |
category 1 territory with imprisonment or another form of detention for | |
a term of 12 months or a greater punishment. | |
(3) The conduct also constitutes an extradition offence in relation to the category 1 | |
territory if these conditions are satisfied— | 40 |
(a) the conduct occurs in the category 1 territory; | |
| |
| |
|
| |
| |
(b) the conduct would constitute an offence under the law of the relevant | |
part of the United Kingdom if it occurred in that part of the United | |
Kingdom; | |
(c) the conduct is punishable under the law of the category 1 territory with | |
imprisonment or another form of detention for a term of 12 months or | 5 |
a greater punishment (however it is described in that law). | |
(4) The conduct also constitutes an extradition offence in relation to the category 1 | |
territory if these conditions are satisfied— | |
(a) the conduct occurs outside the category 1 territory; | |
(b) the conduct is punishable under the law of the category 1 territory with | 10 |
imprisonment or another form of detention for a term of 12 months or | |
a greater punishment (however it is described in that law); | |
(c) in corresponding circumstances equivalent conduct would constitute | |
an extra-territorial offence under the law of the relevant part of the | |
United Kingdom punishable with imprisonment or another form of | 15 |
detention for a term of 12 months or a greater punishment. | |
(5) The conduct also constitutes an extradition offence in relation to the category 1 | |
territory if these conditions are satisfied— | |
(a) the conduct occurs outside the category 1 territory and no part of it | |
occurs in the United Kingdom; | 20 |
(b) the conduct would constitute an offence under the law of the relevant | |
part of the United Kingdom punishable with imprisonment or another | |
form of detention for a term of 12 months or a greater punishment if it | |
occurred in that part of the United Kingdom; | |
(c) the conduct is so punishable under the law of the category 1 territory | 25 |
(however it is described in that law). | |
(6) The conduct also constitutes an extradition offence in relation to the category 1 | |
territory if these conditions are satisfied— | |
(a) the conduct occurs outside the category 1 territory and no part of it | |
occurs in the United Kingdom; | 30 |
(b) the conduct is punishable under the law of the category 1 territory with | |
imprisonment or another form of detention for a term of 12 months or | |
a greater punishment (however it is described in that law); | |
(c) the conduct constitutes or if committed in the United Kingdom would | |
constitute an offence mentioned in subsection (7). | 35 |
(7) The offences are— | |
(a) an offence under section 51 or 58 of the International Criminal Court | |
Act 2001 (c. 17) (genocide, crimes against humanity and war crimes); | |
(b) an offence under section 52 or 59 of that Act (conduct ancillary to | |
genocide etc. committed outside the jurisdiction); | 40 |
(c) an ancillary offence, as defined in section 55 or 62 of that Act, in relation | |
to an offence falling within paragraph (a) or (b); | |
(d) an offence under section 1 of the International Criminal Court | |
(Scotland) Act 2001 (asp 13) (genocide, crimes against humanity and | |
war crimes); | 45 |
(e) an offence under section 2 of that Act (conduct ancillary to genocide etc. | |
committed outside the jurisdiction); | |
(f) an ancillary offence, as defined in section 7 of that Act, in relation to an | |
offence falling within paragraph (d) or (e). | |
| |
| |
|
| |
| |
(8) For the purposes of subsections (3)(b), (4)(c) and (5)(b)— | |
(a) if the conduct relates to a tax or duty, it is immaterial that the law of the | |
relevant part of the United Kingdom does not impose the same kind of | |
tax or duty or does not contain rules of the same kind as those of the law | |
of the category 1 territory; | 5 |
(b) if the conduct relates to customs or exchange, it is immaterial that the | |
law of the relevant part of the United Kingdom does not contain rules | |
of the same kind as those of the law of the category 1 territory. | |
(9) This section applies for the purposes of this Part. | |
64 Extradition offences: person sentenced for offence | 10 |
(1) This section applies in relation to conduct of a person if— | |
(a) he is alleged to be unlawfully at large after conviction by a court in a | |
category 1 territory of an offence constituted by the conduct, and | |
(b) he has been sentenced for the offence. | |
(2) The conduct constitutes an extradition offence in relation to the category 1 | 15 |
territory if these conditions are satisfied— | |
(a) the conduct occurs in the category 1 territory; | |
(b) a certificate issued by an appropriate authority of the category 1 | |
territory shows that the conduct falls within the European framework | |
list; | 20 |
(c) the certificate shows that a sentence of imprisonment or another form | |
of detention for a term of 4 months or a greater punishment has been | |
imposed in the category 1 territory in respect of the conduct. | |
(3) The conduct also constitutes an extradition offence in relation to the category 1 | |
territory if these conditions are satisfied— | 25 |
(a) the conduct occurs in the category 1 territory; | |
(b) the conduct would constitute an offence under the law of the relevant | |
part of the United Kingdom if it occurred in that part of the United | |
Kingdom; | |
(c) a sentence of imprisonment or another form of detention for a term of | 30 |
4 months or a greater punishment has been imposed in the category 1 | |
territory in respect of the conduct. | |
(4) The conduct also constitutes an extradition offence in relation to the category 1 | |
territory if these conditions are satisfied— | |
(a) the conduct occurs outside the category 1 territory; | 35 |
(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 category 1 | |
territory in respect of the conduct; | |
(c) in corresponding circumstances equivalent conduct would constitute | |
an extra-territorial offence under the law of the relevant part of the | 40 |
United Kingdom punishable with imprisonment or another form of | |
detention for a term of 12 months or a greater punishment. | |
(5) The conduct also constitutes an extradition offence in relation to the category 1 | |
territory if these conditions are satisfied— | |
(a) the conduct occurs outside the category 1 territory and no part of it | 45 |
occurs in the United Kingdom; | |
| |
| |
|
| |
| |
(b) the conduct would constitute an offence under the law of the relevant | |
part of the United Kingdom punishable with imprisonment or another | |
form of detention for a term of 12 months or a greater punishment if it | |
occurred in that part of the United Kingdom; | |
(c) a sentence of imprisonment or another form of detention for a term of | 5 |
4 months or a greater punishment has been imposed in the category 1 | |
territory in respect of the conduct. | |
(6) The conduct also constitutes an extradition offence in relation to the category 1 | |
territory if these conditions are satisfied— | |
(a) the conduct occurs outside the category 1 territory and no part of it | 10 |
occurs in the United Kingdom; | |
(b) the conduct is punishable under the law of the category 1 territory with | |
imprisonment or another form of detention for a term of 12 months or | |
a greater punishment (however it is described in that law); | |
(c) the conduct constitutes or if committed in the United Kingdom would | 15 |
constitute an offence mentioned in subsection (7). | |
(7) The offences are— | |
(a) an offence under section 51 or 58 of the International Criminal Court | |
Act 2001 (c. 17) (genocide, crimes against humanity and war crimes); | |
(b) an offence under section 52 or 59 of that Act (conduct ancillary to | 20 |
genocide etc. committed outside the jurisdiction); | |
(c) an ancillary offence, as defined in section 55 or 62 of that Act, in relation | |
to an offence falling within paragraph (a) or (b); | |
(d) an offence under section 1 of the International Criminal Court | |
(Scotland) Act 2001 (asp 13) (genocide, crimes against humanity and | 25 |
war crimes); | |
(e) an offence under section 2 of that Act (conduct ancillary to genocide etc. | |
committed outside the jurisdiction); | |
(f) an ancillary offence, as defined in section 7 of that Act, in relation to an | |
offence falling within paragraph (d) or (e). | 30 |
(8) For the purposes of subsections (3)(b), (4)(c) and (5)(b)— | |
(a) if the conduct relates to a tax or duty, it is immaterial that the law of the | |
relevant part of the United Kingdom does not impose the same kind of | |
tax or duty or does not contain rules of the same kind as those of the law | |
of the category 1 territory; | 35 |
(b) if the conduct relates to customs or exchange, it is immaterial that the | |
law of the relevant part of the United Kingdom does not contain rules | |
of the same kind as those of the law of the category 1 territory. | |
(9) This section applies for the purposes of this Part. | |
65 Extradition offences: supplementary | 40 |
(1) Subsections (2) to (5) apply for the purposes of sections 63 and 64. | |
(2) An appropriate authority of a category 1 territory is an authority of the | |
territory which the appropriate judge believes has the function of issuing arrest | |
warrants in that territory. | |
(3) The European framework list is the list of conduct set out in article 2.2 of the | 45 |
European framework decision. | |
| |
| |
|
| |
| |
(4) The law of a territory is the general criminal law of the territory. | |
(5) The relevant part of the United Kingdom is the part of the United Kingdom in | |
which the relevant proceedings are taking place. | |
(6) The relevant proceedings are the proceedings in which it is necessary to decide | |
whether conduct constitutes an extradition offence. | 5 |
66 The appropriate judge | |
(1) The appropriate judge is— | |
(a) in England and Wales, the Senior District Judge (Chief Magistrate) or | |
another District Judge (Magistrates’ Courts) designated by him; | |
(b) in Scotland, the sheriff of Lothian and Borders; | 10 |
(c) in Northern Ireland, such county court judge or resident magistrate as | |
is designated for the purposes of this Part by the Lord Chancellor. | |
(2) The Lord Chancellor may designate a particular District Judge (Magistrates’ | |
Courts) to be the appropriate judge in England and Wales instead of the judge | |
referred to in subsection (1)(a). | 15 |
(3) A designation under subsection (2) may be made for all cases or for such cases | |
(or cases of such description) as the designation stipulates. | |
(4) More than one designation may be made under subsection (2). | |
(5) This section applies for the purposes of this Part. | |
67 Other interpretative provisions | 20 |
(1) The extradition hearing is the hearing at which the appropriate judge is to | |
decide whether a person in respect of whom a Part 1 warrant was issued is to | |
be extradited to the category 1 territory in which it was issued. | |
(2) References to the designated authority must be read in accordance with section | |
2(9). | 25 |
(3) This section applies for the purposes of this Part. | |
Part 2 | |
Extradition to category 2 territories | |
Introduction | |
68 Extradition to category 2 territories | 30 |
(1) This Part deals with extradition from the United Kingdom to the territories | |
designated for the purposes of this Part by Order in Council. | |
(2) In this Act references to category 2 territories are to the territories designated | |
for the purposes of this Part. | |
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