|
| |
|
(5) | The preceding provisions of this section apply to Scotland with these |
| |
| |
(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 |
| |
“(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 |
| |
| |
(10) | If the House of Lords remands the person in custody the High Court |
| 15 |
| |
(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 |
| |
(b) | immediately after it does so, the court is informed on behalf |
| |
of the category 2 territory of an intention to appeal under |
| |
| |
(2) | The court must remand the person in custody or on bail while the |
| 25 |
| |
(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 |
| |
| |
(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.” |
| |
| 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 |
| |
|
| |
|
| |
|
permitted under section 26 for giving notice of appeal against the judge’s |
| |
| |
(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— |
| |
| 15 |
| |
(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 |
| |
| 25 |
| |
(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— |
| |
| |
| |
(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 |
| |
| |
| |
|
| |
|
| |
|
(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— |
| |
| 10 |
| |
(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 |
| |
(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).” |
| |
| |
12 (1) | In sections 67 and 139 (the appropriate judge), after subsection (3) there is |
| |
| 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 |
| |
| |
(2) | In section 187 (re-extradition hearing), for subsection (10) there is |
| 35 |
| |
“(10) | Section 139 applies for the purposes of this section as it applies for the |
| |
| |
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”. |
| |
| |
| |
| |
|
| |
|
| |
|
| |
| |
| |
| |
| 5 |
| |
| |
| |
| |
| 10 |
| |
| |
| |
| |
| 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 |
| |
| |
Extradition to category 2 territories: requests and certificates |
| 20 |
14 (1) | Section 70 (extradition request and certificate) is amended as follows. |
| |
| |
(a) | after “must” there is inserted “(subject to subsection (2))”; |
| |
(b) | for the words after “extradition” there is substituted “of a person to |
| |
| 25 |
(3) | For subsection (2) there is substituted— |
| |
“(2) | The Secretary of State may refuse to issue a certificate under this |
| |
| |
(a) | he has power under section 126 to order that proceedings on |
| |
| 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. |
| |
| |
“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.” |
| |
| |
(a) | the words after “must” become paragraph (a) of that subsection; |
| 45 |
|
| |
|
| |
|
(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) |
| |
| |
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 |
| |
| |
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 |
| |
| |
| |
(a) | for “the High Court” there is substituted “the appropriate judge”; |
| |
(b) | for “the court” there is substituted “the judge”. |
| 25 |
| |
(a) | for “applies to the High Court” there is substituted “applies to the |
| |
| |
(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 |
| |
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— |
| |
|
| |
|
| |
|
(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 |
| |
| |
| |
(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, |
| |
| |
(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 |
| |
| |
(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; |
| |
|
| |
|
| |
|
(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 |
| |
(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. |
| |
| 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 |
| |
| |
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 |
| |
|
| |
|