|
| |
|
Detained cash investigations |
| |
63 | Transfer of jurisdiction to Crown Court |
| |
(1) | The Proceeds of Crime Act 2002 (c. 29) is amended as follows. |
| |
(2) | In section 343 (judges)— |
| |
(a) | in subsection (2) for “or a money laundering investigation” substitute “, |
| 5 |
a money laundering investigation or a detained cash investigation”, |
| |
| |
(b) | in subsection (3) omit “or a detained cash investigation”. |
| |
(3) | In section 344 (courts)— |
| |
(a) | in paragraph (a) for “or a money laundering investigation” substitute “, |
| 10 |
a money laundering investigation or a detained cash investigation”, |
| |
| |
(b) | in paragraph (b) omit “or a detained cash investigation”. |
| |
(4) | In section 350 (government departments), in subsection (5)— |
| |
(a) | in paragraph (a) for “or a money laundering investigation” substitute “, |
| 15 |
a money laundering investigation or a detained cash investigation”, |
| |
| |
(b) | in paragraph (b) omit “or a detained cash investigation”. |
| |
(5) | In section 351 (supplementary provisions in connection with production |
| |
orders and orders to grant entry), in subsection (8) omit “or a detained cash |
| 20 |
| |
(6) | In section 355 (further provisions: confiscation and money laundering), in |
| |
subsection (1)(a) for “or a money laundering investigation” substitute “, a |
| |
money laundering investigation or a detained cash investigation”. |
| |
(7) | In section 356 (further provisions: civil recovery and detained cash)— |
| 25 |
(a) | in the title omit “and detained cash”, |
| |
(b) | in subsection (1) omit “or detained cash investigations”, |
| |
(c) | in subsection (10) for “if the appropriate person has reasonable” |
| |
substitute “if an appropriate officer has reasonable”, and |
| |
(d) | omit subsections (11) and (12). |
| 30 |
| |
| |
| |
| |
For section 204 of the Extradition Act 2003 (c. 41) (Part 1 warrant: transmission |
| 35 |
by other electronic means) substitute— |
| |
“204 | Warrant issued by category 1 territory: transmission by other |
| |
| |
(1) | This section applies if— |
| |
|
| |
|
| |
|
(a) | an arrest warrant is issued by an authority of a category 1 |
| |
territory in a case in which an article 26 alert is issued, |
| |
(b) | the information contained in the warrant and the alert are |
| |
transmitted to the designated authority by electronic means, |
| |
| 5 |
(c) | that information is received by the designated authority in a |
| |
| |
(2) | This section also applies if— |
| |
(a) | an arrest warrant is issued by an authority of a category 1 |
| |
territory in a case in which no article 26 alert is issued, |
| 10 |
(b) | the information contained in the warrant is transmitted to the |
| |
designated authority by electronic means, and |
| |
(c) | that information is received by the designated authority in a |
| |
| |
(3) | The reference in section 2(2) to an arrest warrant issued by a judicial |
| 15 |
authority of a category 1 territory is to be read as if it were a reference |
| |
to the information received by the designated authority. |
| |
(4) | The references in section 63(1) to an arrest warrant are to be read as if |
| |
they were references to the information received by the designated |
| |
| 20 |
(5) | For the purposes of subsection (1), a reference to the information |
| |
contained in the article 26 alert includes a reference to any information |
| |
sent with that information relating to the case in question. |
| |
(6) | For the purposes of this section— |
| |
(a) | an article 26 alert is an alert issued pursuant to article 26 of the |
| 25 |
Council Decision on the establishment, operation and use of the |
| |
second generation Schengen Information System of 12 June |
| |
| |
(b) | references to information being transmitted by electronic means |
| |
do not include facsimile transmission, and |
| 30 |
(c) | information is received in a qualifying form if it is received in a |
| |
form in which it is intelligible and which is capable of being |
| |
used for subsequent reference.” |
| |
| |
(1) | Section 212 of Extradition Act 2003 (c. 41) (the title to which becomes “Article |
| 35 |
95 alerts”) is amended as follows. |
| |
(2) | For subsections (1) and (2) substitute— |
| |
“(1) | This section applies in a case where an article 95 alert is issued at the |
| |
request of an authority of a category 1 territory. |
| |
(2) | The reference in section 2(2) to an arrest warrant issued by a judicial |
| 40 |
authority of a category 1 territory is to be read— |
| |
(a) | as if it were a reference to the alert issued at the request of the |
| |
| |
(b) | as if the alert included any information sent with it which |
| |
| 45 |
|
| |
|
| |
|
(2A) | The references in section 63(1) to an arrest warrant are to be read in |
| |
accordance with paragraphs (a) and (b) of subsection (2) above.” |
| |
(3) | In subsection (3) for “As applied by” substitute “In consequence of”. |
| |
| |
66 | Extradition to category 1 territory |
| 5 |
After section 8 of the Extradition Act 2003 (c. 41) insert— |
| |
“8A | Person charged with offence in United Kingdom before extradition |
| |
| |
(1) | This section applies if— |
| |
(a) | a person has been brought before the appropriate judge under |
| 10 |
section 4(3) or 6(2) but the extradition hearing has not begun; |
| |
| |
(b) | the judge is informed that the person is charged with an offence |
| |
| |
(2) | The judge must order further proceedings in respect of the extradition |
| 15 |
to be adjourned until one of these occurs— |
| |
(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 |
| 20 |
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 in respect of the extradition to be adjourned until the |
| |
person is released from detention pursuant to the sentence (whether on |
| 25 |
| |
8B | Person serving sentence in United Kingdom before extradition |
| |
| |
(1) | This section applies if— |
| |
(a) | a person has been brought before the appropriate judge under |
| 30 |
section 4(3) or 6(2) but the extradition hearing has not begun; |
| |
| |
(b) | the judge is informed that the person is in custody serving a |
| |
sentence of imprisonment or another form of detention in the |
| |
| 35 |
(2) | The judge may order further proceedings in respect of the extradition |
| |
to be adjourned until the person is released from detention pursuant to |
| |
the sentence (whether on licence or otherwise). |
| |
(3) | In a case where further proceedings in respect of the extradition are |
| |
adjourned under subsection (2)— |
| 40 |
(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 |
| |
| |
|
| |
|
| |
|
(b) | Article 47(2) of the Magistrates’ Courts (Northern Ireland) |
| |
Order 1981 (period of remand in custody) has effect as if a |
| |
| |
(i) | sub-paragraph (a)(iii), or |
| |
(ii) | the words after sub-paragraph (b), |
| 5 |
| were a reference to six months.” |
| |
67 | Extradition to category 2 territory |
| |
After section 76 of the Extradition Act 2003 (c. 41) insert— |
| |
“76A | Person charged with offence in United Kingdom before extradition |
| |
| 10 |
(1) | This section applies if— |
| |
(a) | a person has been brought before the appropriate judge under |
| |
section 72(3) or 74(3) but the extradition hearing has not begun; |
| |
| |
(b) | the judge is informed that the person is charged with an offence |
| 15 |
| |
(2) | The judge must order further proceedings in respect of the extradition |
| |
to be adjourned until one of these occurs— |
| |
(a) | the charge is disposed of; |
| |
(b) | the charge is withdrawn; |
| 20 |
(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 |
| 25 |
proceedings in respect of the extradition to be adjourned until the |
| |
person is released from detention pursuant to the sentence (whether on |
| |
| |
76B | Person serving sentence in United Kingdom before extradition |
| |
| 30 |
(1) | This section applies if— |
| |
(a) | a person has been brought before the appropriate judge under |
| |
section 72(3) or 74(3) but the extradition hearing has not begun; |
| |
| |
(b) | the judge is informed that the person is in custody serving a |
| 35 |
sentence of imprisonment or another form of detention in the |
| |
| |
(2) | The judge may order further proceedings in respect of the extradition |
| |
to be adjourned until the person is released from detention pursuant to |
| |
the sentence (whether on licence or otherwise). |
| 40 |
(3) | In a case where further proceedings in respect of the extradition are |
| |
adjourned under subsection (2)— |
| |
(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 |
| 45 |
| |
|
| |
|
| |
|
(b) | Article 47(2) of the Magistrates’ Courts (Northern Ireland) |
| |
Order 1981 (period of remand in custody) has effect as if a |
| |
| |
(i) | sub-paragraph (a)(iii), or |
| |
(ii) | the words after sub-paragraph (b), |
| 5 |
| were a reference to six months.” |
| |
68 | Person charged with offence or serving sentence of imprisonment |
| |
(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 |
| 10 |
pursuant to the sentence (whether on licence or otherwise)”. |
| |
(3) | In section 23 (person serving sentence in Part 1 case)— |
| |
(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 |
| 15 |
| |
(4) | In section 88(3) (power to adjourn extradition hearing in Part 2 case) for “the |
| |
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)— |
| 20 |
(a) | in subsection (1) 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 |
| |
| |
(6) | In section 97(3) (power to defer decision on extradition) for “the sentence has |
| 25 |
been served” substitute “the person is released from detention pursuant to the |
| |
sentence (whether on licence or otherwise)”. |
| |
(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 |
| 30 |
person is released from detention pursuant to the sentence (whether on |
| |
| |
(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 |
| 35 |
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 |
| 40 |
do not include releasing a person temporarily on licence pursuant to an |
| |
intermittent custody order under section 183(1)(b) of the Criminal |
| |
| |
|
| |
|