Police and Justice Bill

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Session 2005 - 06
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Police and Justice Bill

Police and Justice Bill
Schedule 12 — Extradition
Part 1 — Amendments to the Extradition Act 2003
115

(c)
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).
(5)
The preceding provisions of this section do not apply to Scotland.”
Time for extradition
5
6     (1)
In section 35 (extradition where no appeal), in paragraph (a) of subsection
(4) (period within which person must be extradited), for “the day on which
the judge makes the order” there is substituted “the first day after the period
permitted under section 26 for giving notice of appeal against the judge’s
order”.
10
      (2)
In section 37 (undertaking in relation to person serving sentence in United
Kingdom), after paragraph (b) of subsection (8) there is inserted—

“Paragraph (a) applies only if the day mentioned in that paragraph
is later than the day mentioned in section 35(4)(a).”
      (3)
In section 38 (extradition following deferral for competing claim), at the end
15
of subsection (3) there is inserted—

“This subsection applies only if the day on which the order is made
is later than the day mentioned in section 35(4)(a).”
Extradition of person serving sentence in United Kingdom
7     (1)
Section 37 (undertaking in relation to person serving sentence in United
20
Kingdom) is amended as follows.
      (2)
In subsection (1), at the end of paragraph (b) there is inserted “, either—
(i)
in custody, or
(ii)
on licence”.
      (3)
In subsection (4), after “in relation to a person” there is inserted “within
25
subsection (1)(b)(i) who is”.
      (4)
After that subsection there is inserted—
“(4A)
The terms which may be specified by the judge in relation to a person
within subsection (1)(b)(ii) who is accused in a category 1 territory of
the commission of an offence include terms that the person be
30
returned to the United Kingdom to serve the remainder of his
sentence after serving any sentence imposed on him in the category
1 territory for—
(a)
the offence, and
(b)
any other offence in respect of which he is permitted to be
35
dealt with in the category 1 territory.”
8     (1)
Section 52 (undertaking in relation to person serving sentence in consent
cases) is amended as follows.
      (2)
In subsection (1), at the end of paragraph (b) there is inserted “, either—
(i)
in custody, or
40
(ii)
on licence”.
      (3)
In subsection (3), after “in relation to a person” there is inserted “within
subsection (1)(b)(i) who is”.

Police and Justice Bill
Schedule 12 — Extradition
Part 1 — Amendments to the Extradition Act 2003
116

      (4)
After that subsection there is inserted—
“(3A)
The terms which may be specified by the judge in relation to a person
within subsection (1)(b)(ii) who is accused in a category 1 territory of
the commission of an offence include terms that the person be
returned to the United Kingdom to serve the remainder of his
5
sentence after serving any sentence imposed on him in the category
1 territory for—
(a)
the offence, and
(b)
any other offence in respect of which he is permitted to be
dealt with in the category 1 territory.”
10
9
In section 59 (return of person to serve remainder of sentence), after
paragraph (b) of subsection (1) there is inserted—
“(c)
the person is not yet entitled to be released from detention
pursuant to his sentence (whether on licence or otherwise).”
10    (1)
Section 119 (undertaking in relation to person serving sentence in United
15
Kingdom) is amended as follows.
      (2)
In subsection (1), at the end of paragraph (b) there is inserted “, either—
(i)
in custody, or
(ii)
on licence”.
      (3)
In subsection (3), after “in relation to a person” there is inserted “within
20
subsection (1)(b)(i) who is”.
      (4)
After that subsection there is inserted—
“(3A)
The terms which may be specified by the Secretary of State in relation
to a person within subsection (1)(b)(ii) who is accused in a category
2 territory of the commission of an offence include terms that the
25
person be returned to the United Kingdom to serve the remainder of
his sentence after serving any sentence imposed on him in the
category 2 territory for—
(a)
the offence, and
(b)
any other offence in respect of which he is permitted to be
30
dealt with in the category 2 territory.”
11
In section 132 (return of person to serve remainder of sentence), after
paragraph (b) of subsection (1) there is inserted—
“(c)
the person is not yet entitled to be released from detention
pursuant to his sentence (whether on licence or otherwise).”
35
“The appropriate judge”
12    (1)
In sections 67 and 139 (the appropriate judge), after subsection (3) there is
inserted—
“(3A)
The use of the expression “the judge” in a section containing a
previous reference to “the appropriate judge” or “the judge” does not
40
in itself require both references to be read as referring to the same
individual.”
      (2)
In section 187 (re-extradition hearing), for subsection (10) there is

Police and Justice Bill
Schedule 12 — Extradition
Part 1 — Amendments to the Extradition Act 2003
117

substituted—
“(10)
Section 139 applies for the purposes of this section as it applies for the
purposes of Part 2.”
13    (1)
In the provisions listed in sub-paragraph (2), for “If the judge remands the
person in custody he may” there is substituted “If the person is remanded in
5
custody, the appropriate judge may”.
      (2)
The provisions are—
section 7(10);
section 8(2);
section 9(5);
10
section 21(5);
section 24(3);
section 30(3);
section 44(6);
section 46(3);
15
section 50(3);
section 51(5);
section 72(9);
section 74(9);
section 77(5);
20
section 90(5);
section 92(5);
section 107(3);
section 112(3);
paragraph 15 of Schedule 1 (in the inserted subsection (5));
25
paragraph 33 of Schedule 1 (in the inserted subsection (1B));
paragraph 36 of Schedule 1 (in subsection (6) of the inserted section
128B).
Extradition to category 2 territories: requests and certificates
14    (1)
Section 70 (extradition request and certificate) is amended as follows.
30
      (2)
In subsection (1)—
(a)
after “must” there is inserted “(subject to subsection (2))”;
(b)
for the words after “extradition” there is substituted “of a person to
a category 2 territory”.
      (3)
For subsection (2) there is substituted—
35
“(2)
The Secretary of State may refuse to issue a certificate under this
section if—
(a)
he has power under section 126 to order that proceedings on
the request be deferred,
(b)
the person whose extradition is requested has been recorded
40
by the Secretary of State as a refugee within the meaning of
the Refugee Convention, or
(c)
the person whose extradition is requested has been granted
leave to enter or remain in the United Kingdom on the
ground that it would be a breach of Article 2 or 3 of the
45

Police and Justice Bill
Schedule 12 — Extradition
Part 1 — Amendments to the Extradition Act 2003
118

Human Rights Convention to remove him to the territory to
which extradition is requested.
(2A)
In subsection (2)—
“Refugee Convention” has the meaning given by section 167(1)
of the Immigration and Asylum Act 1999;
5
“Human Rights Convention” has the meaning given to “the
Convention” by section 21(1) of the Human Rights Act 1998.”
      (4)
In subsection (8)—
(a)
the words after “must” become paragraph (a) of that subsection;
(b)
at the end of that paragraph there is inserted “, and
10
(b)
identify the order by which the territory in question is
designated as a category 2 territory.”
      (5)
In subsection (9), for the words after “send” there is substituted “the request
and the certificate to the appropriate judge”.
15
In section 141 (Scotland: references to Secretary of State), in subsection (2),
15
after “Secretary of State” there is inserted “in paragraph (b) of section 70(2)
and”.
Time for representations and consideration of case under Part 2
16    (1)
Section 93 (Secretary of State’s consideration of case) is amended as follows.
      (2)
In subsection (6) (length of permitted period for representations), for “6
20
weeks” there is substituted “4 weeks”.
      (3)
After that subsection there is inserted—
“(7)
In the case of a person who has consented under section 127 to his
extradition, the Secretary of State is not required—
(a)
to wait until the end of the permitted period before ordering
25
the person’s extradition, or
(b)
to consider any representations received after the order is
made.”
Applications for discharge or for extension of time limit
17    (1)
Section 99 (time limit for order for extradition or discharge) is amended as
30
follows.
      (2)
In subsection (2)—
(a)
for “the High Court” there is substituted “the appropriate judge”;
(b)
for “the court” there is substituted “the judge”.
      (3)
In subsection (4)—
35
(a)
for “applies to the High Court” there is substituted “applies to the
appropriate judge”;
(b)
for “the High Court may” there is substituted “the judge may”.

Police and Justice Bill
Schedule 12 — Extradition
Part 1 — Amendments to the Extradition Act 2003
119

Issue of Part 3 warrant: persons unlawfully at large who may be arrested without domestic
warrant
18    (1)
In section 142 (issue of Part 3 warrant), in subsection (1)(b), after “subsection
(2)” there is inserted “, or the condition in subsection (2A),”.
      (2)
For subsection (2) of that section there is substituted—
5
“(2)
The condition is that—
(a)
there are reasonable grounds for believing that the person
has committed an extradition offence, and
(b)
a domestic warrant has been issued in respect of the person.
(2A)
The condition is that—
10
(a)
there are reasonable grounds for believing that the person is
unlawfully at large after conviction of an extradition offence
by a court in the United Kingdom, and
(b)
either a domestic warrant has been issued in respect of the
person or the person may (if unlawfully at large as
15
mentioned in paragraph (a)) be arrested without a warrant.”
Issue of Part 3 warrant: domestic warrant issued at common law by judge in Northern Ireland
19
For subsection (8) of section 142 there is substituted—
“(8)
A domestic warrant is a warrant for the arrest or apprehension of a
person which is issued under any of the provisions referred to in
20
subsection (8A), or at common law by a Crown Court judge in
Northern Ireland.
(8A)
The provisions are—
(a)
section 72 of the Criminal Justice Act 1967;
(b)
section 7 of the Bail Act 1976;
25
(c)
section 51 of the Judicature (Northern Ireland) Act 1978;
(d)
section 1 of the Magistrates’ Courts Act 1980;
(e)
Article 20 or 25 of the Magistrates’ Courts (Northern Ireland)
Order 1981 (S.I. 1981/1675 (N.I. 26));
(f)
the Criminal Procedure (Scotland) Act 1995.”
30
Dealing with person for pre-extradition offences following extradition to UK
20
In section 146(3)(c) (consent of category 1 territory to person being dealt with
for other offence), after “given on behalf of the territory” there is inserted “in
response to a request made by the appropriate judge”.
Deduction of time spent in custody awaiting extradition to UK
35
21
Before section 152 (but after the heading “General”) there is inserted—
“151A
Deduction of time spent in custody awaiting extradition
(1)
This section applies in the following cases.
(2)
The first case is where—
(a)
a person is tried for an offence in the United Kingdom—
40

Police and Justice Bill
Schedule 12 — Extradition
Part 1 — Amendments to the Extradition Act 2003
120

(i)
after having been extradited to the United Kingdom,
and
(ii)
without having first been restored or had an
opportunity of leaving the United Kingdom;
(b)
he is sentenced for the offence in the United Kingdom to
5
imprisonment or another form of detention;
(c)
he was for any period kept in custody while awaiting his
extradition to the United Kingdom as mentioned in
paragraph (a).
(3)
The second case is where—
10
(a)
a person is extradited to the United Kingdom in respect of an
offence (whether before or after being sentenced for it) of
which he was previously convicted in the United Kingdom;
(b)
he is (or was) sentenced for the offence in the United
Kingdom to imprisonment or another form of detention;
15
(c)
he was for any period kept in custody while awaiting his
extradition in respect of the offence.
(4)
Where this section applies, the number of days for which the person
was kept in custody as mentioned in subsection (2)(c) or (3)(c) is to
count as time served by him as part of the sentence for the offence
20
(and of any sentence that is ordered to run concurrently with it).
(5)
A reference in this section to a person being sentenced to
imprisonment includes a reference to the case where he is given a
suspended sentence and the sentence takes effect.”
Extradition requests to territories not applying European framework decision to old cases
25
22
After section 155 there is inserted—
“155A
Category 1 territories not applying framework decision to old cases
(1)
This section applies to a category 1 territory that deals with European
extradition requests otherwise than in accordance with the system
provided for in the European framework decision if they relate to
30
acts committed before a particular date (“the relevant date”).
(2)
In the case of a territory to which this section applies, the Secretary
of State has the same powers to request a person’s extradition in
relation to acts committed before the relevant date as he would have
in the case of a category 2 territory.
35
(3)
The Secretary of State may by order provide that, in the case of an
extradition request which—
(a)
is made to a specified category 1 territory to which this
section applies, and
(b)
relates to acts committed before the relevant date,
40

this Part is to have effect as if that territory were a category 2
territory, and with such modifications as may be specified.
(4)
In this section—
“European extradition request” means a request for extradition
made by the United Kingdom or a category 1 territory;
45

Police and Justice Bill
Schedule 12 — Extradition
Part 2 — Amendments to other Acts
121

“European framework decision” means the framework decision
of the Council of the European Union made on 13 June 2002
on the European arrest warrant and the surrender
procedures between member states (2002/584/JHA);
“specified”, in relation to an order under this section, means
5
specified in the order.”
Extradition of serving prisoner
23
After section 197 there is inserted—
“197A
Extradition of serving prisoner
If an order is made under Part 1 or 2 for the extradition of a person
10
who is serving a sentence of imprisonment or another form of
detention in the United Kingdom, the order is sufficient authority for
the person to be removed from the prison or other institution where
he is detained.”
Authentication of receivable documents
15
24
In section 202 (receivable documents), in subsection (4) (persons who may
authenticate documents)—
(a)
in paragraph (a), for “other judicial authority” there is substituted
“officer”;
(b)
after that paragraph there is inserted—
20
“(aa)
it purports to be certified, whether by seal or
otherwise, by the Ministry or Department of the
territory responsible for justice or for foreign affairs;”.
Part 2
Amendments to other Acts
25
Powers of High Court in relation to bail decisions by magistrates’ court
25    (1)
Section 22 of the Criminal Justice Act 1967 (c. 80) (power of High Court to
grant, or vary conditions of, bail) is amended as follows.
      (2)
After subsection (1) (application to grant bail etc where case stated to High
Court) there is inserted—
30
“(1A)
Where a magistrates’ court withholds bail in extradition proceedings
or imposes conditions in granting bail in extradition proceedings, the
High Court may grant bail or vary the conditions.”
      (3)
In subsection (4) (which defines certain terms used in section 22), after ““bail
in criminal proceedings”” there is inserted “, “extradition proceedings””.
35
26
In section 1(1A) of the Bail (Amendment) Act 1993 (c. 26) (right of
prosecution to appeal to Crown Court against granting of bail in extradition
proceedings), for “a judge of the Crown Court” there is substituted “the
High Court”.
27    (1)
Section 10 of the Justice (Northern Ireland) Act 2004 (c. 4) (prosecution right
40
of appeal against grant of bail by magistrates’ court) is amended as follows.