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Policing and Crime Bill


Policing and Crime Bill
Part 6 — Extradition

76

 

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”,

and

(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”,

and

(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”,

and

(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

investigation”.

(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

Part 6

Extradition

Alerts

64      

Article 26 alerts

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

electronic means

(1)   

This section applies if—

 
 

Policing and Crime Bill
Part 6 — Extradition

77

 

(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,

and

5

(c)   

that information is received by the designated authority in a

qualifying form.

(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

qualifying form.

(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

authority.

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

2007,

(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.”

65      

Article 95 alerts

(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

authority, and

(b)   

as if the alert included any information sent with it which

relates to the case.

45

 
 

Policing and Crime Bill
Part 6 — Extradition

78

 

(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”.

Deferral of extradition

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

hearing

(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;

and

(b)   

the judge is informed that the person is charged with an offence

in the United Kingdom.

(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

licence or otherwise).

8B      

Person serving sentence in United Kingdom before extradition

hearing

(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;

and

(b)   

the judge is informed that the person is in custody serving a

sentence of imprisonment or another form of detention in the

United Kingdom.

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

six months;

 
 

Policing and Crime Bill
Part 6 — Extradition

79

 

(b)   

Article 47(2) of the Magistrates’ Courts (Northern Ireland)

Order 1981 (period of remand in custody) has effect as if a

reference to 28 days in—

(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

hearing

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;

and

(b)   

the judge is informed that the person is charged with an offence

15

in the United Kingdom.

(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

licence or otherwise).

76B     

Person serving sentence in United Kingdom before extradition

hearing

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;

and

(b)   

the judge is informed that the person is in custody serving a

35

sentence of imprisonment or another form of detention in the

United Kingdom.

(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

six months;

 
 

Policing and Crime Bill
Part 6 — Extradition

80

 

(b)   

Article 47(2) of the Magistrates’ Courts (Northern Ireland)

Order 1981 (period of remand in custody) has effect as if a

reference to 28 days in—

(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

licence or otherwise)”.

(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

licence or otherwise)”.

(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

licence or otherwise)”.

(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

“in custody”.

(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

Justice Act 2003.”

 
 

 
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