(33-38)

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

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section 142(10);


section 172(4);


section (European framework list)(2);

(b)
an order under section (Amendments)(2) which contains any

provision (whether alone or with other provisions) amending or

repealing any Act or provision of an Act.”
229
Page 115, line 15, at end insert—

“(7)
A statutory instrument is subject to annulment in pursuance of a resolution

of either House of Parliament if it contains subordinate legislation other

than an order mentioned in subsection (6A) or an order under section 207.

(8)
A territory may be designated by being named in an order made by the

Secretary of State under this Act or by falling within a description set out

in such an order.

(9)
An order made by the Secretary of State under section 1(1) or 68(1) may

provide that this Act has effect in relation to a territory designated by the

order with specified modifications.”
Clause 210
230
Page 115, line 17, leave out “any provision of this Act other than section 208” and

insert “section (Extradition from British overseas territories) or (Extradition to British

overseas territories)”
231
Page 115, line 24, leave out subsections (3) and (4)
Clause 212
232
Page 115, line 34, leave out “and 172” and insert “, 172 and (Written statements and

admissions)”
233
Page 115, line 35, after “Sections” insert “(Restriction on bail where undertaking given

by Secretary of State),”
234
Page 115, line 36, leave out “Section 184” and insert “Sections 184 and 194”
Before Schedule
235
Insert the following new Schedule—

“Re-extradition: Modifications

Part 1

Category 1 Territories

1
In section 11(1), omit paragraphs (c), (g) and (h).

2
Omit sections 14, 18 and 19.

3
In section 21(3), for “must” substitute “may”.

4
In section 31(2), for paragraphs (a) and (b) substitute “would (apart from

section (Re-extradition hearing)(1)) be released from detention pursuant to

the UK sentence (whether or not on licence)”.

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5
In section 39(2)(a), for “a certificate is issued under section 2 in respect of

the warrant” substitute “the person would (apart from section (Re-

extradition hearing)(1)) be released from detention pursuant to the UK

sentence (whether or not on licence)”.

6
In section 43(2)(a), for “following his arrest under this Part” substitute

“under section (Re-extradition hearing)(1)”.

7
In section 44(1), for the words from “arrested” to “issued” substitute

“brought before the appropriate judge under section (Re-extradition

hearing)(1) may consent to his extradition to the territory in which the

overseas sentence was imposed”.

Part 2

Category 2 Territories

8
In section 77, omit subsections (2), (3), (5) and (8).

9
In section 77, for subsection (4) substitute—

“(4)
The judge must decide whether the offence specified in the

request is an extradition offence.”

10
In section 77(6), for “any of the questions” substitute “the question”.

11
In section 77(7), for “those questions” substitute “that question”.

12
In section 78(1), omit paragraph (c).

13
Omit section 81.

14
In section 86(3), for the words from “must send the case” to “extradited”

substitute “may order the person to be extradited to the category 2

territory”.

15
In section 86, after subsection (3) insert—

“(4)
If the judge makes an order under subsection (3) he must remand

the person in custody or on bail to wait for his extradition to the

territory.

(5)
If the judge remands the person in custody he may later grant

bail.”

16
In section 101(1)—

(a)
for the words from “sends a case” to “extradited” substitute

“orders a person’s extradition under this Part”; and

(b)
for “the relevant decision” substitute “the order”.

17
In section 101(2), for the words from “the person” to “the Secretary of

State” substitute “the order is made under section 126”.

18
In section 101, omit subsections (3), (5), (6) and (7).

19
In section 101(8), for the words from “the Secretary of State” to

“extradition” substitute “the order is made”.

20
In section 102, omit subsections (1)(b), (6) and (7).

21
In section 104, omit subsections (1)(b), (7) and (8).

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22
In section 115(1)(a), for “the Secretary of State” substitute “the

appropriate judge”.

23
In section 115(1)(b), for the words from “permitted period” to

“extradition” substitute “period permitted under that section”.

24
In section 115, after subsection (1) insert—

“(1A)
But this section does not apply if the order is made under section

126.”

25
In section 115(2), for “the Secretary of State” substitute “the judge”.

26
In section 117(1)(a), for “the Secretary of State” substitute “the

appropriate judge”.

27
In section 117, in subsections (2), (3) and (4) and in each place in

subsection (5), for “the Secretary of State” substitute “the judge”.

28
In section 118, after subsection (1) insert—

“(1A)
But this section does not apply if the order for the person’s

extradition is made under section 126.”

29
In section 119(2)(a), for “a certificate is issued under section 69 in respect

of the request” substitute “the person would (apart from section (Re-

extradition hearing)(1)) be released from detention pursuant to the UK

sentence (whether or not on licence)”.

30
In section 125(1), for the words from “arrested” to “requested” substitute

“brought before the appropriate judge under section (Re-extradition

hearing)(1) may consent to his extradition to the territory in which the

overseas sentence was imposed”.

31
In section 125, omit subsections (4) and (5).

32
In section 125(3), before paragraph (a) insert—

“(aa)
must be given before the appropriate judge;”.

33
In section 126, after subsection (1) insert—

“(1A)
The judge must remand the person in custody or on bail.

(1B)
If the judge remands the person in custody he may later grant

bail.”

34
In section 126(4), for the words from “send the case” to “extradited”

substitute “within the period of 10 days starting with the day on which

consent is given order the person’s extradition to the category 2

territory”.

35
In section 126, after subsection (5) insert—

“(6)
Subsection (4) has effect subject to section 126B.

(7)
If subsection (4) is not complied with and the person applies to

the judge to be discharged the judge must order his discharge.”

36
After section 126 insert—

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“126A Extradition to category 2 territory following consent

(1)
This section applies if the appropriate judge makes an order

under section 126(4) for a person’s extradition to a category 2

territory.

(2)
The person must be extradited to the category 2 territory before

the end of the required period, which is 28 days starting with the

day on which the order is made.

(3)
If subsection (2) is not complied with and the person applies to

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

unless reasonable cause is shown for the delay.

126B Extradition claim following consent

(1)
This section applies if—

(a)
a person consents under section 125 to his extradition to

a category 2 territory, and

(c)
before the judge orders his extradition under section

126(4), the judge is informed that the conditions in

subsection (2) or (3) are met.

(2)
The conditions are that—

(a)
the Secretary of State has received another valid request

for the person’s extradition to a category 2 territory;

(b)
the other request has not been disposed of.

(3)
The conditions are that—

(a)
a certificate has been issued under section 2 in respect of

a Part 1 warrant issued in respect of the person;

(b)
the warrant has not been disposed of.

(4)
The judge must not make an order under section 126(4) until he

is informed what order has been made under section 124(2) or

181(2).

(5)
If the order under section 124(2) or 181(2) is for further

proceedings on the request under consideration to be deferred

until the other request, or the warrant, has been disposed of, the

judge must remand the person in custody or on bail.

(6)
If the judge remands the person in custody he may later grant

bail.

(7)
If—

(a)
the order under section 124(2) or 181(2) is for further

proceedings on the request under consideration to be

deferred until the other request, or the warrant, has been

disposed of, and

(b)
an order is made under section 182 for proceedings on the

request under consideration to be resumed,


the period specified in section 126(4) must be taken to be 10 days

starting with the day on which the order under section 182 is

made.

(8)
If the order under section 124(2) or 181(2) is for further

proceedings on the other request, or the warrant, to be deferred

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until the request under consideration has been disposed of, the

period specified in section 126(4) must be taken to be 10 days

starting with the day on which the judge is informed of the order.

126C Extradition following deferral for competing claim

(1)
This section applies if—

(a)
an order is made under section 126(4) for a person to be

extradited to a category 2 territory in pursuance of a

request for his extradition;

(b)
before the person is extradited to the territory an order is

made under section 124(2) or 181(2) for the person’s

extradition in pursuance of the request to be deferred;

(c)
the appropriate judge makes an order under section

183(3)(a) for the person’s extradition in pursuance of the

request to cease to be deferred.

(2)
The required period for the purposes of section 126A(2) is 28

days starting with the day on which the order under section

183(3)(a) is made.””
236
Insert the following new Schedule—

“European framework list

1
Participation in a criminal organisation.

2
Terrorism.

3
Trafficking in human beings.

4
Sexual exploitation of children and child pornography.

5
Illicit trafficking in narcotic drugs and psychotropic substances.

6
Illicit trafficking in weapons, munitions and explosives.

7
Corruption.

8
Fraud, including that affecting the financial interests of the European

Communities within the meaning of the Convention of 26 July 1995 on

the protection of the European Communities’ financial interests.

9
Laundering of the proceeds of crime.

10
Counterfeiting currency, including of the euro.

11
Computer-related crime.

12
Environmental crime, including illicit trafficking in endangered animal

species and in endangered plant species and varieties.

13
Facilitation of unauthorised entry and residence.

14
Murder, grievous bodily injury.

15
Illicit trade in human organs and tissue.

16
Kidnapping, illegal restraint and hostage-taking.

17
Racism and xenophobia.

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18
Organised or armed robbery.

19
Illicit trafficking in cultural goods, including antiques and works of art.

20
Swindling.

21
Racketeering and extortion.

22
Counterfeiting and piracy of products.

23
Forgery of administrative documents and trafficking therein.

24
Forgery of means of payment.

25
Illicit trafficking in hormonal substances and other growth promoters.

26
Illicit trafficking in nuclear or radioactive materials.

27
Trafficking in stolen vehicles.

28
Rape.

29
Arson.

30
Crimes within the jurisdiction of the International Criminal Court.

31
Unlawful seizure of aircraft/ships.

32
Sabotage.”
237
Insert the following new Schedule—

“Amendments

Introduction

1
The amendments specified in this Schedule shall have effect.

Parliamentary Commissioner Act 1967 (c. 13)

2
In Schedule 3 to the Parliamentary Commissioner Act 1967 (c. 13)

(matters not subject to investigation) for paragraph 4 substitute—

“4
Action taken by the Secretary of State under the Extradition

Act 2003.”

Criminal Justice Act 1967 (c.80)

3
Section 34 of the Criminal Justice Act 1967 (c. 80) (committal of persons

under twenty-one accused of extradition crimes) shall cease to have

effect.

Suppression of Terrorism Act 1978 (c.26)

4
Sections 1 (offences not to be regarded as of a political character) and 2

(restrictions on return of criminal under Extradition Act 1870 or to

Republic of Ireland) of the Suppression of Terrorism Act 1978 (c. 26)

shall cease to have effect.

5
For section 5 of the Suppression of Terrorism Act 1978 (c. 26)

substitute—