|
| |
| |
| |
50 | Extradition to category 1 territory |
| |
After section 8 of the Extradition Act 2003 (c. 41) insert— |
| |
“8A | Person charged with offence in United Kingdom before extradition |
| |
| 5 |
(1) | This section applies if at any time before the extradition hearing begins |
| |
the judge is informed that the person in respect of whom the Part 1 |
| |
warrant is issued is charged with an offence in the United Kingdom. |
| |
(2) | The judge must order further proceedings on the Part 1 warrant to be |
| |
deferred until one of these occurs— |
| 10 |
(a) | the charge is disposed of; |
| |
(b) | the charge is withdrawn; |
| |
(c) | proceedings in respect of the charge are discontinued; |
| |
(d) | an order is made for the charge to lie on the file, or in relation to |
| |
Scotland, the diet is deserted pro loco et tempore. |
| 15 |
(3) | If a sentence of imprisonment or another form of detention is imposed |
| |
in respect of the offence charged, the judge may order further |
| |
proceedings on the Part 1 warrant to be deferred until the person is |
| |
released from detention pursuant to the sentence (whether on licence or |
| |
| 20 |
8B | Person serving sentence in United Kingdom before extradition |
| |
| |
(1) | This section applies if at any time before the extradition hearing begins |
| |
the judge is informed that the person in respect of whom the Part 1 |
| |
warrant is issued is in custody serving a sentence of imprisonment or |
| 25 |
another form of detention in the United Kingdom. |
| |
(2) | The judge may order further proceedings on the Part 1 warrant to be |
| |
deferred until the person is released from detention pursuant to the |
| |
sentence (whether on licence or otherwise).” |
| |
51 | Extradition to category 2 territory |
| 30 |
After section 76 of the Extradition Act 2003 insert— |
| |
“76A | Person charged with offence in United Kingdom before extradition |
| |
| |
(1) | This section applies if at any time before the extradition hearing begins |
| |
the judge is informed that the person whose extradition is requested is |
| 35 |
charged with an offence in the United Kingdom. |
| |
(2) | The judge must order further proceedings on the request to be deferred |
| |
until one of these occurs— |
| |
(a) | the charge is disposed of; |
| |
(b) | the charge is withdrawn; |
| 40 |
(c) | proceedings in respect of the charge are discontinued; |
| |
(d) | an order is made for the charge to lie on the file, or in relation to |
| |
Scotland, the diet is deserted pro loco et tempore. |
| |
| |
| |
|
| |
| |
(3) | If a sentence of imprisonment or another form of detention is imposed |
| |
in respect of the offence charged, the judge may order further |
| |
proceedings on the request to be deferred until the person is released |
| |
from detention pursuant to the sentence (whether on licence or |
| |
| 5 |
76B | Person serving sentence in United Kingdom before extradition |
| |
| |
(1) | This section applies if at any time before the extradition hearing begins |
| |
the judge is informed that the person whose extradition is requested is |
| |
in custody serving a sentence of imprisonment or another form of |
| 10 |
detention in the United Kingdom. |
| |
(2) | The judge may order further proceedings on the request to be deferred |
| |
until the person is released from detention pursuant to the sentence |
| |
(whether on licence or otherwise).” |
| |
52 | Person charged with offence or serving sentence of imprisonment |
| 15 |
(1) | The Extradition Act 2003 (c. 41) is amended as follows. |
| |
(2) | In section 22(3) (power to adjourn extradition hearing in Part 1 case) for “the |
| |
sentence has been served” substitute “the person is released from detention |
| |
pursuant to the sentence (whether on licence or otherwise)”. |
| |
(3) | In section 23 (person serving sentence in Part 1 case)— |
| 20 |
(a) | in subsection (1), after “issued is” insert “in custody”, and |
| |
(b) | in subsection (2), for “the sentence has been served” substitute “the |
| |
person is released from detention pursuant to the sentence (whether on |
| |
| |
(4) | In section 88(3) (power to adjourn extradition hearing in Part 2 case) for “the |
| 25 |
sentence has been served” substitute “the person is released from detention |
| |
pursuant to the sentence (whether on licence or otherwise)”. |
| |
(5) | In section 89 (person serving sentence in Part 2 case)— |
| |
(a) | in subsection (1) after “person is” insert “in custody”, and |
| |
(b) | in subsection (2) for “the sentence has been served” substitute “the |
| 30 |
person is released from detention pursuant to the sentence (whether on |
| |
| |
(6) | In section 97(3) (power to defer decision on extradition) for “the sentence has |
| |
been served” substitute “the person is released from detention pursuant to the |
| |
sentence (whether on licence or otherwise)”. |
| 35 |
(7) | In section 98 (person serving sentence in Part 2 case: reference by judge)— |
| |
(a) | in subsection (1)(b) after “person is” insert “in custody”, and |
| |
(b) | in subsection (2) for “the sentence has been served” substitute “the |
| |
person is released from detention pursuant to the sentence (whether on |
| |
| 40 |
(8) | In section 102(3) (meaning of “appropriate day” where decision deferred) for |
| |
the words from “until the person” to the end substitute “, the appropriate day |
| |
is the day on which the person is released from detention pursuant to the |
| |
sentence (whether on licence or otherwise).” |
| |
| |
| |
|
| |
| |
(9) | In section 197A (extradition of serving prisoner) after “a person who is” insert |
| |
| |
(10) | In section 216 (interpretation) after subsection (6) insert— |
| |
“(6A) | References to releasing a person from detention pursuant to a sentence |
| |
do not include releasing a person temporarily on licence pursuant to an |
| 5 |
intermittent custody order under section 183(1)(b) of the Criminal |
| |
| |
Return to overseas territory |
| |
53 | Return from category 1 territory |
| |
For section 59 of the Extradition Act 2003 substitute— |
| 10 |
“59 | Return of person to serve remainder of sentence |
| |
(1) | This section applies if— |
| |
(a) | a person who is serving a sentence of imprisonment or another |
| |
form of detention in the United Kingdom is extradited to a |
| |
category 1 territory in accordance with this Part; |
| 15 |
(b) | the person is returned to the United Kingdom to serve the |
| |
remainder of the sentence or the person otherwise returns to the |
| |
| |
(2) | Time during which the person was outside the United Kingdom as a |
| |
result of the extradition does not count as time served by the person as |
| 20 |
| |
(3) | But subsection (2) does not apply if— |
| |
(a) | the person was extradited for the purpose of being prosecuted |
| |
| |
(b) | the person has not been convicted of the offence or of any other |
| 25 |
offence in respect of which the person was permitted to be dealt |
| |
with in the category 1 territory. |
| |
(4) | In a case falling within subsection (3), time during which the person |
| |
was outside the United Kingdom as a result of the extradition counts as |
| |
time served by the person as part of the sentence if (and only if) it was |
| 30 |
spent in custody in connection with the offence or any other offence in |
| |
respect of which the person was permitted to be dealt with in the |
| |
| |
(5) | In a case where the person is not entitled to be released from detention |
| |
pursuant to the sentence— |
| 35 |
(a) | the person is liable to be detained in pursuance of the sentence, |
| |
| |
(b) | if at large, the person must be treated as being unlawfully at |
| |
| |
(6) | In a case where the person is entitled to be released from detention on |
| 40 |
licence pursuant to the sentence— |
| |
(a) | if the person was released on licence at the time of extradition, |
| |
the licence is suspended until the person’s return; |
| |
| |
| |
|
| |
| |
(b) | if the person was not released on licence at that time, the person |
| |
is liable to be detained on return by a constable or immigration |
| |
officer until release on licence. |
| |
(7) | A person is entitled to be released from detention if there is— |
| |
(a) | a duty to release the person under section 33(1), (1A) or (2) of |
| 5 |
the Criminal Justice Act 1991 or section 28 of the Crime |
| |
| |
(b) | a duty to release the person under section 244 of the Criminal |
| |
Justice Act 2003 (other than temporarily on licence pursuant to |
| |
an intermittent custody order under section 183(1)(b) of the |
| 10 |
Criminal Justice Act 2003). |
| |
(8) | An immigration officer is a person who is an immigration officer within |
| |
the meaning of the Immigration Act 1971.” |
| |
54 | Return from category 2 territory |
| |
For section 132 of the Extradition Act 2003 substitute— |
| 15 |
“132 | Return of person to serve remainder of sentence |
| |
(1) | This section applies if— |
| |
(a) | a person who is serving a sentence of imprisonment or another |
| |
form of detention in the United Kingdom is extradited to a |
| |
category 2 territory in accordance with this Part; |
| 20 |
(b) | the person is returned to the United Kingdom to serve the |
| |
remainder of the sentence or the person otherwise returns to the |
| |
| |
(2) | Time during which the person was outside the United Kingdom as a |
| |
result of the extradition does not count as time served by the person as |
| 25 |
| |
(3) | But subsection (2) does not apply if— |
| |
(a) | the person was extradited for the purpose of being prosecuted |
| |
| |
(b) | the person has not been convicted of the offence or of any other |
| 30 |
offence in respect of which the person was permitted to be dealt |
| |
with in the category 2 territory. |
| |
(4) | In a case falling within subsection (3), time during which the person |
| |
was outside the United Kingdom as a result of the extradition counts as |
| |
time served by the person as part of the sentence if (and only if) it was |
| 35 |
spent in custody in connection with the offence or any other offence in |
| |
respect of which the person was permitted to be dealt with in the |
| |
| |
(5) | In a case where the person is not entitled to be released from detention |
| |
pursuant to the sentence— |
| 40 |
(a) | the person is liable to be detained in pursuance of the sentence, |
| |
| |
(b) | if at large, the person must be treated as being unlawfully at |
| |
| |
(6) | In a case where the person is entitled to be released from detention on |
| 45 |
licence pursuant to the sentence— |
| |
| |
| |
|
| |
| |
(a) | if the person was released on licence at the time of extradition, |
| |
the licence is suspended until the person’s return, |
| |
(b) | if the person was not released on licence at that time, the person |
| |
is liable to be detained on return by a constable or immigration |
| |
officer until release on licence. |
| 5 |
(7) | A person is entitled to be released from detention if there is— |
| |
(a) | a duty to release the person under section 33(1), (1A) or (2) of |
| |
the Criminal Justice Act 1991 or section 28 of the Crime |
| |
| |
(b) | a duty to release the person under section 244 of the Criminal |
| 10 |
Justice Act 2003 (other than temporarily on licence pursuant to |
| |
an intermittent custody order under section 183(1)(b) of the |
| |
Criminal Justice Act 2003). |
| |
(8) | An immigration officer is a person who is an immigration officer within |
| |
the meaning of the Immigration Act 1971.” |
| 15 |
| |
55 | Return to extraditing territory etc |
| |
(1) | The Extradition Act 2003 (c. 41) is amended as follows. |
| |
(2) | Omit sections 143 (undertaking in relation to person serving sentence) and 144 |
| |
(return to extraditing territory to serve sentence). |
| 20 |
(3) | After section 153 insert— |
| |
“153A | Undertaking in relation to person serving sentence |
| |
(1) | This section applies if— |
| |
(a) | a person is accused in the United Kingdom of the commission |
| |
of an offence or has been convicted of an offence by or before a |
| 25 |
court in the United Kingdom; |
| |
(b) | a Part 3 warrant is issued in respect of the person or the |
| |
Secretary of State makes a request for the extradition of the |
| |
| |
(c) | the person is serving a sentence of imprisonment or another |
| 30 |
form of detention in a territory; |
| |
(d) | the person’s extradition to the United Kingdom from the |
| |
territory in pursuance of the warrant or request is made subject |
| |
to a condition that an undertaking is given by or on behalf of the |
| |
United Kingdom with regard to the person’s treatment in the |
| 35 |
United Kingdom or return to the territory (or both). |
| |
(2) | The Secretary of State may give an undertaking to a person acting on |
| |
behalf of the territory with regard to either or both of these things— |
| |
(a) | the treatment in the United Kingdom of the person in respect of |
| |
whom the warrant is issued or the request for extradition is |
| 40 |
| |
(b) | the return of that person to the territory. |
| |
(3) | The terms which may be included by the Secretary of State in an |
| |
undertaking given under subsection (2) in relation to a person accused |
| |
in the United Kingdom of the commission of an offence include terms— |
| 45 |
| |
| |
|
| |
| |
(a) | that the person be kept in custody until the conclusion of the |
| |
proceedings against the person for the offence and any other |
| |
offence in respect of which the person is permitted to be dealt |
| |
with in the United Kingdom; |
| |
(b) | that the person be returned to the territory to serve the |
| 5 |
remainder of the sentence on the conclusion of those |
| |
| |
(4) | The terms which may be included by the Secretary of State in an |
| |
undertaking given under subsection (2) in relation to a person who has |
| |
been convicted of an offence by or before a court in the United |
| 10 |
Kingdom include terms that the person be returned to the territory to |
| |
serve the remainder of the sentence after the person would otherwise |
| |
be released from detention pursuant to the sentence imposed in the |
| |
United Kingdom (whether or not on licence). |
| |
(5) | If a person is to be returned to a territory by virtue of an undertaking |
| 15 |
given under subsection (2), the undertaking is sufficient authority for a |
| |
| |
(a) | to remove the person from any prison or other institution where |
| |
| |
(b) | to keep the person in custody until returned; |
| 20 |
(c) | to convey the person to the territory. |
| |
153B | Return of person in pursuance of undertaking |
| |
(1) | This section applies if— |
| |
(a) | an undertaking is given under section 153A(2) as to the return |
| |
of a person to a territory; |
| 25 |
(b) | the person is returned to the territory in pursuance of the |
| |
| |
(c) | the person is returned to the United Kingdom to serve the |
| |
remainder of any sentence imposed in the United Kingdom or |
| |
the person otherwise returns to the United Kingdom. |
| 30 |
(2) | Time during which the person was outside the United Kingdom as a |
| |
result of the undertaking given under section 153A(2) does not count as |
| |
time served by the person as part of the sentence. |
| |
(3) | If the person is not entitled to be released from detention pursuant to |
| |
| 35 |
(a) | the person is liable to be detained in pursuance of the sentence, |
| |
| |
(b) | if at large, the person must be treated as being unlawfully at |
| |
| |
(4) | If the person is entitled to be released from detention on licence |
| 40 |
pursuant to the sentence— |
| |
(a) | if the person was released on licence at the time of return to the |
| |
territory, the licence is suspended until the person’s return to |
| |
| |
(b) | if the person was not released on licence at that time, the person |
| 45 |
is liable to be detained on return by a constable or immigration |
| |
officer until release on licence. |
| |
(5) | For the purposes of this section— |
| |
| |
| |
|
| |
| |
(a) | a person is entitled to be released from detention if there is— |
| |
(i) | a duty to release the person under section 33(1), (1A) or |
| |
(2) of the Criminal Justice Act 1991 or section 28 of the |
| |
Crime (Sentences) Act 1997, or |
| |
(ii) | a duty to release the person under section 244 of the |
| 5 |
Criminal Justice Act 2003 (other than temporarily on |
| |
licence pursuant to an intermittent custody order under |
| |
section 183(1)(b) of the Criminal Justice Act 2003); |
| |
(b) | an immigration officer is a person who is an immigration officer |
| |
within the meaning of the Immigration Act 1971. |
| 10 |
153C | Return to extraditing territory to serve sentence |
| |
(1) | This section applies if— |
| |
(a) | a person is extradited to the United Kingdom from a territory |
| |
for the purposes of being prosecuted for an offence; |
| |
(b) | the person’s extradition is made subject to a condition that an |
| 15 |
undertaking is given by or on behalf of the United Kingdom as |
| |
to the person’s return to the territory. |
| |
(2) | The Secretary of State may give an undertaking to a person acting on |
| |
behalf of the territory as to the person’s return to the territory. |
| |
(3) | The terms which may be included by the Secretary of State in an |
| 20 |
undertaking given under subsection (2) in relation to a person include |
| |
terms that if the person is convicted of the offence and a sentence of |
| |
imprisonment or another form of detention is imposed in respect of it, |
| |
the person is to be returned to the territory to serve the sentence. |
| |
(4) | A person who is to be returned to a territory by virtue of an |
| 25 |
undertaking given under subsection (2) must be returned as soon as is |
| |
reasonably practicable after the sentence is imposed and any other |
| |
proceedings in respect of the offence are concluded. |
| |
(5) | If subsection (4) is complied with the sentence for the offence is treated |
| |
as served but the person’s conviction for the offence must be treated as |
| 30 |
a conviction for all other purposes. |
| |
(6) | The sentence for the offence is treated as served under subsection (5) |
| |
only in so far as it consists of the sentence of imprisonment or another |
| |
form of detention mentioned in subsection (3). |
| |
(7) | Subsection (8) applies if— |
| 35 |
(a) | subsection (4) is not complied with, and |
| |
(b) | the person applies to the court which imposed the sentence to |
| |
expedite return to the territory. |
| |
(8) | The court must order return by such date as is specified in the order |
| |
unless reasonable cause is shown for the delay. |
| 40 |
(9) | If a person is to be returned by virtue of an undertaking given under |
| |
subsection (2), a constable may— |
| |
(a) | remove the person from any prison or other institution where |
| |
| |
(b) | keep the person in custody until returned; |
| 45 |
(c) | convey the person to the territory to which the person is to be |
| |
| |
| |
| |
|
