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Extradition Bill


Extradition Bill
Part 3 — Extradition to the United Kingdom

    73

 

     (4)    terms that the person be returned to the category 1 territory to serve the

remainder of his sentence after serving any sentence imposed on him in the

United Kingdom.

     (5)    If the Part 3 warrant was issued by a sheriff, the preceding provisions of this

section apply as if the references to the Secretary of State were to the Scottish

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Ministers.

 143   Return to extraditing territory to serve sentence

     (1)    This section applies if—

           (a)           a Part 3 warrant is issued in respect of a person;

           (b)           the warrant states that it is issued with a view to his extradition to the

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United Kingdom for the purpose of being prosecuted for an offence;

           (c)           he is extradited to the United Kingdom from a category 1 territory in

pursuance of the warrant;

           (d)           he is extradited on the condition that, if he is convicted of the offence

and a sentence of imprisonment or another form of detention is

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imposed in respect of it, he must be returned to the category 1 territory

to serve the sentence;

           (e)           he is convicted of the offence and a sentence of imprisonment or

another form of detention is imposed in respect of it.

     (2)    The person must be returned to the category 1 territory to serve the sentence as

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soon as is reasonably practicable after the sentence is imposed.

     (3)    If subsection (2) is complied with the punishment for the offence must be

treated as remitted but the person’s conviction for the offence must be treated

as a conviction for all other purposes.

     (4)    If subsection (2) is not complied with and the person applies to the appropriate

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judge to be discharged the judge must order his discharge, unless reasonable

cause is shown for the delay.

 144   Service of sentence in territory executing Part 3 warrant

     (1)    This section applies if—

           (a)           a Part 3 warrant is issued in respect of a person;

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           (b)           the certificate contained in the warrant certifies that a sentence has been

imposed;

           (c)           an undertaking is given on behalf of a category 1 territory that the

person will be required to serve the sentence in the territory;

           (d)           on the basis of the undertaking the person is not extradited to the

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United Kingdom from the category 1 territory.

     (2)    The punishment for the offence must be treated as remitted but the person’s

conviction for the offence must be treated as a conviction for all other purposes.

 145   Dealing with person for other offences

     (1)    This section applies if a person is extradited to the United Kingdom from a

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category 1 territory in pursuance of a Part 3 warrant.

     (2)    The person may be dealt with in the United Kingdom for an offence committed

before his extradition only if—

 

 

Extradition Bill
Part 3 — Extradition to the United Kingdom

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           (a)           the offence is one falling within subsection (3), or

           (b)           the condition in subsection (4) is satisfied.

     (3)    The offences are—

           (a)           the offence in respect of which the person is extradited;

           (b)           an offence disclosed by the information provided to the category 1

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territory in respect of that offence;

           (c)           an extradition offence in respect of which consent to the person being

dealt with is given on behalf of the territory;

           (d)           an extradition offence in respect of which consent to the person being

dealt with is treated as given on behalf of the territory;

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           (e)           an offence which is not punishable with imprisonment or another form

of detention;

           (f)           an offence in respect of which the person will not be detained in

connection with his trial, sentence or appeal;

           (g)           an offence in respect of which the person waives the right that he would

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have (but for this paragraph) not to be dealt with for the offence.

     (4)    The condition is that the person has been given an opportunity to leave the

United Kingdom and—

           (a)           he has not done so before the end of the permitted period, or

           (b)           he has done so before the end of the permitted period and has returned

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to the United Kingdom.

     (5)    The permitted period is 45 days starting with the day on which the person

arrives in the United Kingdom.

     (6)    Consent to the person being dealt with for an offence is treated as given on

behalf of the category 1 territory if the category 1 territory and the United

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Kingdom have each given a notification under article 27.1 of the European

framework decision in relation to the offence.

     (7)    But subsection (6) does not apply if the authority of the category 1 territory

which ordered the person’s extradition to the United Kingdom makes a

statement to that effect in the person’s case.

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 146   Effect of consent to extradition to the United Kingdom

     (1)    This section applies if—

           (a)           a person is extradited to the United Kingdom from a category 1

territory in pursuance of a Part 3 warrant;

           (b)           the person consented to his extradition to the United Kingdom in

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accordance with the law of the category 1 territory.

     (2)    Section 145(2) does not apply if the conditions in subsection (3) or the

conditions in subsection (4) are satisfied.

     (3)    The conditions are that—

           (a)           under the law of the category 1 territory, the effect of the person’s

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consent is to waive his right under section 145(2);

           (b)           the person has not revoked his consent in accordance with that law, if

he is permitted to do so under that law.

     (4)    The conditions are that—

 

 

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Part 3 — Extradition to the United Kingdom

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           (a)           under the law of the category 1 territory, the effect of the person’s

consent is not to waive his right under section 145(2);

           (b)           the person has expressly waived his right under section 145(2) in

accordance with that law;

           (c)           the person has not revoked his consent in accordance with that law, if

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he is permitted to do so under that law;

           (d)           the person has not revoked the waiver of his right under section 145(2)

in accordance with that law, if he is permitted to do so under that law.

 147   Extradition offences

     (1)    Conduct constitutes an extradition offence in relation to the United Kingdom

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if these conditions are satisfied—

           (a)           the conduct occurs in the United Kingdom;

           (b)           the conduct is punishable under the law of the relevant part of the

United Kingdom with imprisonment or another form of detention for a

term of 12 months or a greater punishment.

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     (2)    Conduct also constitutes an extradition offence in relation to the United

Kingdom if these conditions are satisfied—

           (a)           the conduct occurs outside the United Kingdom;

           (b)           the conduct constitutes an extra-territorial offence punishable under

the law of the relevant part of the United Kingdom with imprisonment

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or another form of detention for a term of 12 months or a greater

punishment.

     (3)    But subsections (1) and (2) do not apply in relation to conduct of a person if—

           (a)           he is alleged to be unlawfully at large after conviction by a court in the

United Kingdom of the offence constituted by the conduct, and

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           (b)           he has been sentenced for the offence.

     (4)    Conduct also constitutes an extradition offence in relation to the United

Kingdom if these conditions are satisfied—

           (a)           the conduct occurs in the United Kingdom;

           (b)           a sentence of imprisonment or another form of detention for a term of

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4 months or a greater punishment has been imposed in the United

Kingdom in respect of the conduct.

     (5)    Conduct also constitutes an extradition offence in relation to the United

Kingdom if these conditions are satisfied—

           (a)           the conduct occurs outside the United Kingdom;

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           (b)           the conduct constitutes an extra-territorial offence;

           (c)           a sentence of imprisonment or another form of detention for a term of

4 months or a greater punishment has been imposed in the United

Kingdom in respect of the conduct.

     (6)    The relevant part of the United Kingdom is the part of the United Kingdom in

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which the relevant proceedings are taking place.

     (7)    The relevant proceedings are the proceedings in which it is necessary to decide

whether conduct constitutes an extradition offence.

     (8)    Subsections (1) to (5) apply for the purposes of sections 141 to 146.

 

 

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Part 3 — Extradition to the United Kingdom

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 148   The appropriate judge

     (1)    The appropriate judge is—

           (a)           in England and Wales, a District Judge (Magistrates’ Courts), a justice

of the peace or a judge entitled to exercise the jurisdiction of the Crown

Court;

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           (b)           in Scotland, a sheriff;

           (c)           in Northern Ireland, a justice of the peace, a resident magistrate or a

Crown Court judge.

     (2)    This section applies for the purposes of sections 141 to 146.

Extradition from category 2 territories

10

 149   Dealing with person for other offences: Commonwealth countries etc.

     (1)    This section applies if—

           (a)           a person is extradited to the United Kingdom from a category 2

territory under law of the territory corresponding to Part 2 of this Act,

and

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           (b)           the territory is a Commonwealth country, a British overseas territory or

the Hong Kong Special Administrative Region of the People’s Republic

of China.

     (2)    The person may be dealt with in the United Kingdom for an offence committed

before his extradition only if—

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           (a)           the offence is one falling within subsection (3), or

           (b)           the condition in subsection (6) is satisfied.

     (3)    The offences are—

           (a)           the offence in respect of which the person is extradited;

           (b)           a lesser offence disclosed by the information provided to the category 2

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territory in respect of that offence;

           (c)           an offence in respect of which consent to the person being dealt with is

given by or on behalf of the relevant authority.

     (4)    An offence is a lesser offence in relation to another offence if the maximum

punishment for it is less severe than the maximum punishment for the other

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offence.

     (5)    The relevant authority is—

           (a)           if the person has been extradited from a Commonwealth country, the

government of the country;

           (b)           if the person has been extradited from a British overseas territory, the

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person administering the territory;

           (c)           if the person has been extradited from the Hong Kong Special

Administrative Region of the People’s Republic of China, the

government of the Region.

     (6)    The condition is that the protected period has ended.

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     (7)    The protected period is 45 days starting with the first day after his extradition

to the United Kingdom on which the person is given an opportunity to leave

the United Kingdom.

 

 

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Part 3 — Extradition to the United Kingdom

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     (8)    A person is dealt with in the United Kingdom for an offence if—

           (a)           he is tried there for it;

           (b)           he is detained with a view to trial there for it.

 150   Dealing with person for other offences: other category 2 territories

     (1)    This section applies if—

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           (a)           a person is extradited to the United Kingdom from a category 2

territory under law of the territory corresponding to Part 2 of this Act,

and

           (b)           the territory is not one falling within section 149(1)(b).

     (2)    The person may be dealt with in the United Kingdom for an offence committed

10

before his extradition only if—

           (a)           the offence is one falling within subsection (3), or

           (b)           the condition in subsection (4) is satisfied.

     (3)    The offences are—

           (a)           the offence in respect of which the person is extradited;

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           (b)           an offence disclosed by the information provided to the category 2

territory in respect of that offence;

           (c)           an offence in respect of which consent to the person being dealt with is

given on behalf of the territory.

     (4)    The condition is that—

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           (a)           the person has returned to the territory from which he was extradited,

or

           (b)           the person has been given an opportunity to leave the United Kingdom.

     (5)    A person is dealt with in the United Kingdom for an offence if—

           (a)           he is tried there for it;

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           (b)           he is detained with a view to trial there for it.

 151   Remission of punishment for other offences

     (1)    This section applies if—

           (a)           a person is extradited to the United Kingdom from a category 2

territory under law of the territory corresponding to Part 2 of this Act;

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           (b)           before his extradition he has been convicted of an offence in the United

Kingdom;

           (c)           he has not been extradited in respect of that offence.

     (2)    The punishment for the offence must be treated as remitted but the person’s

conviction for the offence must be treated as a conviction for all other purposes.

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 152   Return of person acquitted or not tried

     (1)    This section applies if—

           (a)           a person is accused in the United Kingdom of the commission of an

offence;

           (b)           the person is extradited to the United Kingdom in respect of the offence

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from a category 2 territory under law of the territory corresponding to

Part 2 of this Act;

 

 

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Part 4 — Police powers

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           (c)           the condition in subsection (2) or the condition in subsection (3) is

satisfied.

     (2)    The condition is that proceedings against the person for the offence are not

begun before the end of the required period, which is 6 months starting with

the day on which the person arrives in the United Kingdom on his extradition.

5

     (3)    The condition is that at his trial for the offence the person is acquitted or is

discharged under any of these provisions—

           (a)           section 12(1) of the Powers of Criminal Courts (Sentencing) Act 2000

(c. 6);

           (b)           section 246(1), (2) or (3) of the Criminal Procedure (Scotland) Act 1995

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(c. 46);

           (c)           Article 4(1) of the Criminal Justice (Northern Ireland) Order 1996 (S.I.

1996/3160 (N.I. 24)).

     (4)    The Secretary of State must, if asked to do so by the person, arrange for him to

be sent back to the territory free of charge and with as little delay as possible.

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     (5)    If the accusation in subsection (1)(a) relates to the commission of an offence in

Scotland, subsection (4) applies as if the reference to the Secretary of State were

a reference to the Scottish Ministers.

Service personnel

 153   Service personnel

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The Secretary of State may by order provide for the preceding provisions of

this Part to have effect with specified modifications in relation to a case where

the person whose extradition is sought or ordered is subject to military law, air-

force law or the Naval Discipline Act 1957 (c. 53).

Part 4

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Police powers

Warrants and orders

 154   Search and seizure warrants

     (1)    A justice of the peace may, on an application made to him by a constable, issue

a search and seizure warrant if he is satisfied that the requirements for the issue

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of a search and seizure warrant are fulfilled.

     (2)    The application for a search and seizure warrant must state that—

           (a)           the extradition of a person specified in the application is sought under

Part 1 or Part 2;

           (b)           the warrant is sought in relation to premises specified in the

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application;

           (c)           the warrant is sought in relation to material, or material of a

description, specified in the application.

     (3)    If the application states that the extradition of the person is sought under Part

1, the application must also state that the person is accused in a category 1

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territory specified in the application of the commission of an offence—

 

 

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Part 4 — Police powers

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           (a)           which is specified in the application, and

           (b)           which is an extradition offence within the meaning given by section 63.

     (4)    If the application states that the extradition of the person is sought under Part

2, the application must also state that the person is accused in a category 2

territory specified in the application of the commission of an offence—

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           (a)           which is specified in the application, and

           (b)           which is an extradition offence within the meaning given by section

136.

     (5)    A search and seizure warrant is a warrant authorising a constable—

           (a)           to enter and search the premises specified in the application for the

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warrant, and

           (b)           to seize and retain any material found there which falls within

subsection (6).

     (6)    Material falls within this subsection if—

           (a)           it would be likely to be admissible evidence at a trial in the relevant part

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of the United Kingdom for the offence specified in the application for

the warrant (on the assumption that conduct constituting that offence

would constitute an offence in that part of the United Kingdom), and

           (b)           it does not consist of or include items subject to legal privilege,

excluded material or special procedure material.

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     (7)    The relevant part of the United Kingdom is the part of the United Kingdom

where the judge exercises jurisdiction.

     (8)    The requirements for the issue of a search and seizure warrant are that there

are reasonable grounds for believing that—

           (a)           the offence specified in the application has been committed by the

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person so specified;

           (b)           the person is in the United Kingdom or is on his way to the United

Kingdom;

           (c)           the offence is an extradition offence within the meaning given by

section 63 (if subsection (3) applies) or section 136 (if subsection (4)

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applies);

           (d)           there is material on premises specified in the application which falls

within subsection (6);

           (e)           any of the conditions referred to in subsection (9) is satisfied.

     (9)    The conditions are—

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           (a)           that it is not practicable to communicate with a person entitled to grant

entry to the premises;

           (b)           that it is practicable to communicate with a person entitled to grant

entry to the premises but it is not practicable to communicate with a

person entitled to grant access to the material referred to in subsection

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(8)(d);

           (c)           that entry to the premises will not be granted unless a warrant is

produced;

           (d)           that the purpose of a search may be frustrated or seriously prejudiced

unless a constable arriving at the premises can secure immediate entry

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to them.

     (10)   The preceding provisions of this section apply to Scotland with these

modifications—

 

 

 
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