Policing and Crime Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

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
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(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
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(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
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(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
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(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.”