Police and Justice Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Police and Justice Bill

Police and Justice Bill
Schedule 13 — Schedule to be inserted into the Protection of Children (Northern Ireland) Order 1978
122

      (2)
The relevant officer may dispose of the property in any manner he
thinks fit.
Provisions as to proof
18
In proceedings under this Schedule, the fact, form and manner of
the seizure are to be taken, without further evidence and unless
5
the contrary is shown, to have been as set forth in the process.
19
In proceedings, the condemnation by a court of property as
forfeited under this Schedule may be proved by the production of
either—
(a)
the order of condemnation, or
10
(b)
a certified copy of the order purporting to be signed by an
officer of the court by which the order was made or
granted.
Saving for owner’s rights
20
Neither the imposition of a requirement by virtue of this Schedule
15
to return property to a person nor the return of it to a person in
accordance with such a requirement affects—
(a)
the rights in relation to that property, or any part of it, of
any other person, or
(b)
the right of any other person to enforce his rights against
20
the person to whom it is returned.
Interpretation
21
In this Schedule—
“the court” is to be construed in accordance with paragraph
12;
25
“forfeitable property” is to be construed in accordance with
paragraph 1(2);
“premises” has the same meaning as in the Police and
Criminal Evidence (Northern Ireland) Order 1989
(S.I. 1989/1341 (N.I. 12)) (see Article 25 of that Order); and
30
“the relevant officer” is to be construed in accordance with
paragraph 3.

Police and Justice Bill
Schedule 14 — Extradition
Part 1 — Amendments to the Extradition Act 2003
123

Schedule 14
Section 43

Extradition
Part 1
Amendments to the Extradition Act 2003
Requests for extradition of persons unlawfully at large
5
1     (1)
In section 2 (Part 1 warrant and certificate), in subsection (5)(a), for “is
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
10
statement referred to in subsection (4A)”;
(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
15
(b)
the request is made with a view to his arrest and
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
20
in the request by a court in the category 2 territory,
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
25
sentence of imprisonment or another form of
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”.
30
2     (1)
In section 14 (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
(b)
become unlawfully at large (where he is alleged to have been
35
convicted of it)”.
      (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—
40
(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

Police and Justice Bill
Schedule 14 — Extradition
Part 1 — Amendments to the Extradition Act 2003
124

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
14 and 63.”
      (3)
In section 82 (passage of time), for the words from “since” to the end there is
5
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)”.
10
      (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
offence if—
(a)
he is alleged to have been convicted of it, and
15
(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
20
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
is substituted “who has been convicted”.
      (6)
In section 148 (extradition offences), in subsection (3)(a), for “is alleged to be
25
unlawfully at large after conviction” there is substituted “has been
convicted”.
      (7)
In section 179 (competing claims to extradition), after subsection (4) there is
inserted—
“(5)
For the purposes of this section a person is alleged to be unlawfully
30
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
sentenced for the offence or of his serving a sentence of
imprisonment or another form of detention imposed in
35
respect of the offence.”
      (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),
40
for “was alleged to be unlawfully at large after conviction” there is
substituted “had been convicted”.
Restriction on extradition following transfer from International Criminal Court
3     (1)
In section 11 (bars to extradition)—

Police and Justice Bill
Schedule 14 — Extradition
Part 1 — Amendments to the Extradition Act 2003
125

(a)
after paragraph (h) of subsection (1) there is inserted—
“(i)
the person’s earlier transfer to the United Kingdom
by the International Criminal Court.”;
(b)
in subsection (2), for “Sections 12 to 19” there is substituted “Sections
12 to 19A”.
5
      (2)
After section 19 there is inserted—
“19A
Earlier transfer to United Kingdom by International Criminal Court
(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)—
10
(a)
the person was transferred to the United Kingdom to serve a
sentence imposed by the 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
15
category 1 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—
20
(a)
remained voluntarily in the United Kingdom for more than
30 days, or
(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—
25
“(d)
section 96A (earlier transfer to United Kingdom by
International Criminal Court).”
      (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
30
category 2 territory if—
(a)
the person was transferred to the United Kingdom to serve a
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
35
to the person’s extradition from the United Kingdom to the
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
40
imposed by the Court and has subsequently—
(a)
remained voluntarily in the United Kingdom for more than
30 days, or
(b)
left the United Kingdom and returned to it.”

Police and Justice Bill
Schedule 14 — Extradition
Part 1 — Amendments to the Extradition Act 2003
126

Remand of person serving sentence in United Kingdom
4
In sections 23 and 89 (person serving sentence in United Kingdom), after
subsection (2) there is inserted—
“(3)
In a case where an extradition hearing is adjourned under subsection
(2)—
5
(a)
section 131 of the Magistrates’ Courts Act 1980 (remand of
accused already in custody) has effect as if a reference to 28
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)
10
Order 1981 (S.I. 1981/1675 (N.I. 26)) (period of remand in
custody) has effect as if a reference to 28 days in—
(i)
paragraph (a)(iii), or
(ii)
the words after paragraph (b),

were a reference to six months.”
15
Remands in connection with appeal proceedings
5     (1)
In section 29 (court’s powers on appeal under section 28), after subsection (6)
there is inserted—
“(7)
If the court allows the appeal it must remand the person in custody
or on bail.
20
(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)—
(a)
for paragraph (b) of subsection (4) there is substituted—
“(b)
when the High Court—
(i)
allows the appeal, or
25
(ii)
dismisses the appeal,

unless, where the appeal is dismissed, the authority
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
30
appeal to the House of Lords is brought before the end of that
period”;
(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
substituted—
35
“(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
end there is inserted—
40
“(10)
In a case where—
(a)
subsection (5) applies, or
(b)
subsections (7) and (8) apply,

Police and Justice Bill
Schedule 14 — Extradition
Part 1 — Amendments to the Extradition Act 2003
127


the House of Lords must remand, in custody or on bail, the person in
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—
5
“33A
Detention pending conclusion of certain appeals under section 32
(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
10
appeal under section 32 is pending.
(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;
15
(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 26 is granted, if no appeal to the House of Lords is
brought before the end of that period;
20
(c)
when there is no further step that can be taken by the
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.”
25
      (6)
In section 104 (court’s powers on appeal under section 103), after subsection
(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.”
30
      (7)
In section 106 (court’s powers on appeal under section 105), after subsection
(8) there is inserted—
“(9)
If the court—
(a)
allows the appeal, or
(b)
makes a direction under subsection (1)(b),
35

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—
“(b)
when the High Court—
40
(i)
allows the appeal,
(ii)
makes a direction under section 106(1)(b), or
(iii)
dismisses the appeal,

Police and Justice Bill
Schedule 14 — Extradition
Part 1 — Amendments to the Extradition Act 2003
128


unless, where the appeal is dismissed, the court is
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
5
appeal to the House of Lords is brought before the end of that
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—
10
“(6)
If the court allows the appeal it must remand the person in custody
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
15
(1)
This section applies in a case where the Secretary of State orders the
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
20
period of three days beginning with the day on which the
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
25
while the appeal is pending.
(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—
30
(a)
when the proceedings on the appeal are discontinued;
(b)
when the High Court—
(i)
allows the appeal, or
(ii)
dismisses the appeal,

unless, where the appeal is dismissed, the court is
35
immediately informed on behalf of the category 2 territory of
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
40
against the decision of the High Court on the appeal is
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
45
power of a court to grant leave to take a step out of time).