Police and Justice Bill

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Session 2005 - 06
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Police and Justice Bill

Police and Justice Bill
Schedule 14 — Extradition
Part 1 — Amendments to the Extradition Act 2003
129

(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
5
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
10
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
15
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
20
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
25
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;
30
(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;
35
(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
40
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

Police and Justice Bill
Schedule 14 — Extradition
Part 1 — Amendments to the Extradition Act 2003
130

permitted under section 26 for giving notice of appeal against the judge’s
order”.
      (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
5
is later than the day mentioned in section 35(4)(a).”
      (3)
In section 38 (extradition following deferral for competing claim), at the end
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).”
10
Extradition of person serving sentence in United Kingdom
7     (1)
Section 37 (undertaking in relation to person serving sentence in United
Kingdom) is amended as follows.
      (2)
In subsection (1), at the end of paragraph (b) there is inserted “, either—
(i)
in custody, or
15
(ii)
on licence”.
      (3)
In subsection (4), after “in relation to a person” there is inserted “within
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
20
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
sentence after serving any sentence imposed on him in the category
1 territory for—
25
(a)
the offence, and
(b)
any other offence in respect of which he is permitted to be
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.
30
      (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
subsection (1)(b)(i) who is”.
35
      (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
40
sentence after serving any sentence imposed on him in the category
1 territory for—
(a)
the offence, and

Police and Justice Bill
Schedule 14 — Extradition
Part 1 — Amendments to the Extradition Act 2003
131

(b)
any other offence in respect of which he is permitted to be
dealt with in the category 1 territory.”
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
5
pursuant to his sentence (whether on licence or otherwise).”
10    (1)
Section 119 (undertaking in relation to person serving sentence in United
Kingdom) is amended as follows.
      (2)
In subsection (1), at the end of paragraph (b) there is inserted “, either—
(i)
in custody, or
10
(ii)
on licence”.
      (3)
In subsection (3), after “in relation to a person” there is inserted “within
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
15
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
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—
20
(a)
the offence, and
(b)
any other offence in respect of which he is permitted to be
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—
25
“(c)
the person is not yet entitled to be released from detention
pursuant to his sentence (whether on licence or otherwise).”
“The appropriate judge”
12    (1)
In sections 67 and 139 (the appropriate judge), after subsection (3) there is
inserted—
30
“(3A)
The use of the expression “the judge” in a section containing a
previous reference to “the appropriate judge” or “the judge” does not
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
35
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
40
custody, the appropriate judge may”.
      (2)
The provisions are—
section 7(10);
section 8(2);

Police and Justice Bill
Schedule 14 — Extradition
Part 1 — Amendments to the Extradition Act 2003
132

section 9(5);
section 21(5);
section 24(3);
section 30(3);
section 44(6);
5
section 46(3);
section 50(3);
section 51(5);
section 72(9);
section 74(9);
10
section 77(5);
section 90(5);
section 92(5);
section 107(3);
section 112(3);
15
paragraph 15 of Schedule 1 (in the inserted subsection (5));
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
20
14    (1)
Section 70 (extradition request and certificate) is amended as follows.
      (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”.
25
      (3)
For subsection (2) there is substituted—
“(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,
30
(b)
the person whose extradition is requested has been recorded
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
35
ground that it would be a breach of Article 2 or 3 of the
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)
40
of the Immigration and Asylum Act 1999;
“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;
45

Police and Justice Bill
Schedule 14 — Extradition
Part 1 — Amendments to the Extradition Act 2003
133

(b)
at the end of that paragraph there is inserted “, and
(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”.
5
15
In section 141 (Scotland: references to Secretary of State), in subsection (2),
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.
10
      (2)
In subsection (6) (length of permitted period for representations), for “6
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—
15
(a)
to wait until the end of the permitted period before ordering
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
20
17    (1)
Section 99 (time limit for order for extradition or discharge) is amended as
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”.
25
      (3)
In subsection (4)—
(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”.
Issue of Part 3 warrant: persons unlawfully at large who may be arrested without domestic
30
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—
“(2)
The condition is that—
35
(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—

Police and Justice Bill
Schedule 14 — Extradition
Part 1 — Amendments to the Extradition Act 2003
134

(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
5
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
10
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;
15
(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.”
20
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
25
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—
30
(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
35
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—
40
(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;

Police and Justice Bill
Schedule 14 — Extradition
Part 1 — Amendments to the Extradition Act 2003
135

(b)
he is (or was) sentenced for the offence in the United
Kingdom to imprisonment or another form of detention;
(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
5
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
(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
10
suspended sentence and the sentence takes effect.”
Extradition requests to territories not applying European framework decision to old cases
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
15
extradition requests otherwise than in accordance with the system
provided for in the European framework decision if they relate to
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
20
relation to acts committed before the relevant date as he would have
in the case of a category 2 territory.
(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
25
section applies, and
(b)
relates to acts committed before the relevant date,

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—
30
“European extradition request” means a request for extradition
made by the United Kingdom or a category 1 territory;
“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
35
procedures between member states (2002/584/JHA);
“specified”, in relation to an order under this section, means
specified in the order.”
Extradition of serving prisoner
23
After section 197 there is inserted—
40
“197A
Extradition of serving prisoner
If an order is made under Part 1 or 2 for the extradition of a person
who is serving a sentence of imprisonment or another form of
detention in the United Kingdom, the order is sufficient authority for