Police and Justice Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Police and Justice Bill

Police and Justice Bill
Schedule 12 — Extradition
Part 1 — Amendments to the Extradition Act 2003
108

(d)
C has consented to the photograph being in P’s possession
(and that consent has not been withdrawn), and
(e)
P owns, or is authorised (directly or indirectly) by the
owner, to possess the photograph.”
Schedule 12
5
Section 39

Extradition
Part 1
Amendments to the Extradition Act 2003
Requests for extradition of persons unlawfully at large
1     (1)
In section 2 (Part 1 warrant and certificate), in subsection (5)(a), for “is
10
alleged to be unlawfully at large after conviction” there is substituted “has
been convicted”.
      (2)
In section 70 (request and certificate for extradition to category 2 territory)—
(a)
in subsection (3), after “subsection (4)” there is inserted “or the
statement referred to in subsection (4A)”;
15
(b)
for subsection (4) there is substituted—
“(4)
The statement is one that—
(a)
the person is accused in the category 2 territory of the
commission of an offence specified in the request, and
(b)
the request is made with a view to his arrest and
20
extradition to the category 2 territory for the purpose
of being prosecuted for the offence.
(4A)
The statement is one that—
(a)
the person has been convicted of an offence specified
in the request by a court in the category 2 territory,
25
and
(b)
the request is made with a view to his arrest and
extradition to the category 2 territory for the purpose
of being sentenced for the offence or of serving a
sentence of imprisonment or another form of
30
detention imposed in respect of the offence.”
      (3)
In section 142 (issue of Part 3 warrant), in subsection (5)(a), for “is alleged to
be unlawfully at large after conviction” there is substituted “has been
convicted”.
2     (1)
In section 14 (passage of time), for the words from “since” to the end there is
35
substituted “since he is alleged to have—
(a)
committed the extradition offence (where he is accused of its
commission), or
(b)
become unlawfully at large (where he is alleged to have been
convicted of it)”.
40

Police and Justice Bill
Schedule 12 — Extradition
Part 1 — Amendments to the Extradition Act 2003
109

      (2)
After section 68 there is inserted—
“68A
Unlawfully at large
(1)
A person is alleged to be unlawfully at large after conviction of an
offence if—
(a)
he is alleged to have been convicted of it, and
5
(b)
his extradition is sought for the purpose of his being
sentenced for the offence or of his serving a sentence of
imprisonment or another form of detention imposed in
respect of the offence.
(2)
This section applies for the purposes of this Part, other than sections
10
14 and 63.”
      (3)
In section 82 (passage of time), for the words from “since” to the end there is
substituted “since he is alleged to have—
(a)
committed the extradition offence (where he is accused of its
commission), or
15
(b)
become unlawfully at large (where he is alleged to have been
convicted of it)”.
      (4)
After section 140 there is inserted—
“140A
Unlawfully at large
(1)
A person is alleged to be unlawfully at large after conviction of an
20
offence if—
(a)
he is alleged to have been convicted of it, and
(b)
his extradition is sought for the purpose of his being
sentenced for the offence or of his serving a sentence of
imprisonment or another form of detention imposed in
25
respect of the offence.
(2)
This section applies for the purposes of this Part, other than sections
82 and 136.”
      (5)
In section 143 (undertaking in relation to person serving sentence), in
subsection (4), for “alleged to be unlawfully at large after conviction” there
30
is substituted “who has been convicted”.
      (6)
In section 148 (extradition offences), in subsection (3)(a), for “is alleged to be
unlawfully at large after conviction” there is substituted “has been
convicted”.
      (7)
In section 179 (competing claims to extradition), after subsection (4) there is
35
inserted—
“(5)
For the purposes of this section a person is alleged to be unlawfully
at large after conviction of an offence if—
(a)
he is alleged to have been convicted of it, and
(b)
his extradition is sought for the purpose of his being
40
sentenced for the offence or of his serving a sentence of
imprisonment or another form of detention imposed in
respect of the offence.”

Police and Justice Bill
Schedule 12 — Extradition
Part 1 — Amendments to the Extradition Act 2003
110

      (8)
In section 188 (re-extradition to category 1 territories), in subsection (1)(b)(i),
for “was alleged to be unlawfully at large after conviction” there is
substituted “had been convicted”.
      (9)
In section 189 (re-extradition to category 2 territories), in subsection (1)(b),
for “was alleged to be unlawfully at large after conviction” there is
5
substituted “had been convicted”.
Restriction on extradition following transfer from International Criminal Court
3     (1)
In section 11 (bars to extradition)—
(a)
after paragraph (h) of subsection (1) there is inserted—
“(i)
the person’s earlier transfer to the United Kingdom
10
by the International Criminal Court.”;
(b)
in subsection (2), for “Sections 12 to 19” there is substituted “Sections
12 to 19A”.
      (2)
After section 19 there is inserted—
“19A
Earlier transfer to United Kingdom by International Criminal Court
15
(1)
A person’s extradition to a category 1 territory is barred by reason of
his earlier transfer by the International Criminal Court if (and only
if)—
(a)
the person was transferred to the United Kingdom to serve a
sentence imposed by the Court;
20
(b)
under arrangements between the United Kingdom and the
Court, the consent of the Presidency of the Court is required
to the person’s extradition from the United Kingdom to the
category 1 territory in respect of the extradition offence under
consideration;
25
(c)
that consent has not been given.
(2)
Subsection (1) does not apply if the person has served the sentence
imposed by the Court and has subsequently—
(a)
remained voluntarily in the United Kingdom for more than
30 days, or
30
(b)
left the United Kingdom and returned to it.”
      (3)
In section 93 (Secretary of State’s consideration of case), after paragraph (c)
of subsection (2) there is inserted—
“(d)
section 96A (earlier transfer to United Kingdom by
International Criminal Court).”
35
      (4)
After section 96 there is inserted—
“96A
Earlier transfer to United Kingdom by International Criminal Court
(1)
The Secretary of State must not order a person’s extradition to a
category 2 territory if—
(a)
the person was transferred to the United Kingdom to serve a
40
sentence imposed by the International Criminal Court;
(b)
under arrangements between the United Kingdom and the
Court, the consent of the Presidency of the Court is required
to the person’s extradition from the United Kingdom to the

Police and Justice Bill
Schedule 12 — Extradition
Part 1 — Amendments to the Extradition Act 2003
111

category 2 territory in respect of the extradition offence under
consideration;
(c)
that consent has not been given.
(2)
Subsection (1) does not apply if the person has served the sentence
imposed by the Court and has subsequently—
5
(a)
remained voluntarily in the United Kingdom for more than
30 days, or
(b)
left the United Kingdom and returned to it.”
Remand of person serving sentence in United Kingdom
4
In sections 23 and 89 (person serving sentence in United Kingdom), after
10
subsection (2) there is inserted—
“(3)
In a case where an extradition hearing is adjourned under subsection
(2)—
(a)
section 131 of the Magistrates’ Courts Act 1980 (remand of
accused already in custody) has effect as if a reference to 28
15
clear days in subsection (1) or (2) of that section were a
reference to six months;
(b)
Article 47(2) of the Magistrates’ Courts (Northern Ireland)
Order 1981 (S.I. 1981/1675 (N.I. 26)) (period of remand in
custody) has effect as if a reference to 28 days in—
20
(i)
paragraph (a)(iii), or
(ii)
the words after paragraph (b),

were a reference to six months.”
Remands in connection with appeal proceedings
5     (1)
In section 29 (court’s powers on appeal under section 28), after subsection (6)
25
there is inserted—
“(7)
If the court allows the appeal it must remand the person in custody
or on bail.
(8)
If the court remands the person in custody it may later grant bail.”
      (2)
In section 30 (detention pending conclusion of appeal under section 28)—
30
(a)
for paragraph (b) of subsection (4) there is substituted—
“(b)
when the High Court—
(i)
allows the appeal, or
(ii)
dismisses the appeal,

unless, where the appeal is dismissed, the authority
35
immediately informs the court that it intends to apply
for leave to appeal to the House of Lords;”;
(b)
in paragraph (c) of that subsection, at the end there is inserted “, if no
appeal to the House of Lords is brought before the end of that
period”;
40
(c)
in subsection (5)(a), for “if” there is substituted “unless”.
      (3)
In section 32 (appeal to House of Lords), for subsection (10) there is

Police and Justice Bill
Schedule 12 — Extradition
Part 1 — Amendments to the Extradition Act 2003
112

substituted—
“(10)
The High Court may grant bail to a person appealing under this
section, or applying for leave to appeal under this section, against the
dismissal of his appeal under section 26.”
      (4)
In section 33 (powers of House of Lords on appeal under section 32), at the
5
end there is inserted—
“(10)
In a case where—
(a)
subsection (5) applies, or
(b)
subsections (7) and (8) apply,

the House of Lords must remand, in custody or on bail, the person in
10
respect of whom the warrant was issued.
(11)
If the House of Lords remands the person in custody the High Court
may later grant bail.”
      (5)
After section 33 there is inserted—
“33A
Detention pending conclusion of certain appeals under section 32
15
(1)
This section applies if immediately after the High Court orders the
person’s discharge the court is informed by the authority which
issued the Part 1 warrant that it intends to appeal under section 32.
(2)
The court must remand the person in custody or on bail while the
appeal under section 32 is pending.
20
(3)
If the court remands the person in custody it may later grant bail.
(4)
An appeal under section 32 ceases to be pending at the earliest of
these times—
(a)
when the proceedings on the appeal are discontinued;
(b)
at the end of the permitted period, which is 28 days starting
25
with the day on which leave to appeal to the House of Lords
against the decision of the High Court on the appeal under
section 26 is granted, if no appeal to the House of Lords is
brought before the end of that period;
(c)
when there is no further step that can be taken by the
30
authority which issued the Part 1 warrant in relation to the
appeal (ignoring any power of a court to grant leave to take a
step out of time).
(5)
The preceding provisions of this section do not apply to Scotland.”
      (6)
In section 104 (court’s powers on appeal under section 103), after subsection
35
(7) there is inserted—
“(8)
If the court makes a direction under subsection (1)(b) it must remand
the person in custody or on bail.
(9)
If the court remands the person in custody it may later grant bail.”
      (7)
In section 106 (court’s powers on appeal under section 105), after subsection
40
(8) there is inserted—
“(9)
If the court—
(a)
allows the appeal, or

Police and Justice Bill
Schedule 12 — Extradition
Part 1 — Amendments to the Extradition Act 2003
113

(b)
makes a direction under subsection (1)(b),

it must remand the person in custody or on bail.
(10)
If the court remands the person in custody it may later grant bail.”
      (8)
In section 107 (detention pending conclusion of appeal under section 105)—
(a)
for paragraph (b) of subsection (4) there is substituted—
5
“(b)
when the High Court—
(i)
allows the appeal,
(ii)
makes a direction under section 106(1)(b), or
(iii)
dismisses the appeal,

unless, where the appeal is dismissed, the court is
10
immediately informed on behalf of the category 2
territory of an intention to apply for leave to appeal to
the House of Lords;”;
(b)
in paragraph (c) of that subsection, at the end there is inserted “, if no
appeal to the House of Lords is brought before the end of that
15
period”;
(c)
in subsection (5)(a), for “if” there is substituted “unless”.
      (9)
In section 111 (court’s powers on appeal under section 110), after subsection
(5) there is inserted—
“(6)
If the court allows the appeal it must remand the person in custody
20
or on bail.
(7)
If the court remands the person in custody it may later grant bail.”
     (10)
For section 112 there is substituted—
“112
Detention pending conclusion of appeal under section 110
(1)
This section applies in a case where the Secretary of State orders the
25
person’s discharge under this Part.
(2)
Subject to subsection (3)—
(a)
the order made by the appropriate judge under section 92(4)
(“the remand order”) remains in force until the end of the
period of three days beginning with the day on which the
30
person’s discharge is ordered;
(b)
if within that period the Secretary of State is informed in
writing on behalf of the category 2 territory of an intention to
appeal under section 110, the remand order remains in force
while the appeal is pending.
35
(3)
If the person is remanded in custody under section 92(4), the
appropriate judge may grant bail.
(4)
An appeal under section 110 ceases to be pending at the earliest of
these times—
(a)
when the proceedings on the appeal are discontinued;
40
(b)
when the High Court—
(i)
allows the appeal, or
(ii)
dismisses the appeal,

unless, where the appeal is dismissed, the court is
immediately informed on behalf of the category 2 territory of
45

Police and Justice Bill
Schedule 12 — Extradition
Part 1 — Amendments to the Extradition Act 2003
114

an intention to apply for leave to appeal to the House of
Lords;
(c)
at the end of the permitted period, which is 28 days starting
with the day on which leave to appeal to the House of Lords
against the decision of the High Court on the appeal is
5
granted, if no appeal to the House of Lords is brought before
the end of that period;
(d)
when there is no further step that can be taken on behalf of
the category 2 territory in relation to the appeal (ignoring any
power of a court to grant leave to take a step out of time).
10
(5)
The preceding provisions of this section apply to Scotland with these
modifications—
(a)
in subsection (4)(b) omit the words from “unless” to the end;
(b)
omit subsection (4)(c).”
     (11)
In section 114 (appeal to House of Lords), for subsection (10) there is
15
substituted—
“(10)
The High Court may grant bail to a person appealing under this
section, or applying for leave to appeal under this section, against the
dismissal of his appeal under section 103 or 108.”
     (12)
In section 115 (powers of House of Lords on appeal under section 114), after
20
subsection (8) there is inserted—
“(9)
In a case where subsection (5) or (7) applies, the House of Lords must
remand, in custody or on bail, the person whose extradition is
requested.
(10)
If the House of Lords remands the person in custody the High Court
25
may later grant bail.”
     (13)
After section 115 there is inserted—
“115A
Detention pending conclusion of certain appeals under section 114
(1)
This section applies if—
(a)
on an appeal under section 103 or 108 the High Court orders
30
the person’s discharge;
(b)
immediately after it does so, the court is informed on behalf
of the category 2 territory of an intention to appeal under
section 114.
(2)
The court must remand the person in custody or on bail while the
35
appeal is pending.
(3)
If the court remands the person in custody it may later grant bail.
(4)
An appeal under section 114 ceases to be pending at the earliest of
these times—
(a)
when the proceedings on the appeal are discontinued;
40
(b)
at the end of the permitted period, which is 28 days starting
with the day on which leave to appeal to the House of Lords
against the decision of the High Court on the appeal under
section 103 or 108 is granted, if no appeal to the House of
Lords is brought before the end of that period;
45