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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.

 

 

 
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