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
81

Return to overseas territory
69
Return from category 1 territory
For section 59 of the Extradition Act 2003 substitute—
“59
Return of person to serve remainder of sentence
(1)
This section applies if—
5
(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;
(b)
the person is returned to the United Kingdom to serve the
remainder of the sentence or the person otherwise returns to the
10
United Kingdom.
(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
part of the sentence.
(3)
But subsection (2) does not apply if—
15
(a)
the person was extradited for the purpose of being prosecuted
for an offence, and
(b)
the person has not been convicted of the offence or of any other
offence in respect of which the person was permitted to be dealt
with in the category 1 territory.
20
(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
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
25
territory.
(5)
In a case where the person is not entitled to be released from detention
pursuant to the sentence—
(a)
the person is liable to be detained in pursuance of the sentence,
and
30
(b)
if at large, the person must be treated as being unlawfully at
large.
(6)
In a case where the person is entitled to be released from detention on
licence pursuant to the sentence—
(a)
if the person was released on licence at the time of extradition,
35
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—
40
(a)
a duty to release the person under section 33(1), (1A) or (2) of
the Criminal Justice Act 1991,
(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
45
Criminal Justice Act 2003),

Policing and Crime Bill
Part 6 — Extradition
82

(c)
a duty to release the person under section 1, 1AA or 7(1) of the
Prisoners and Criminal Proceedings (Scotland) Act 1993 or
section 5, 11(2), 13, 19 or 23 of the Custodial Sentences and
Weapons (Scotland) Act 2007, or
(d)
a duty to release the person under section 1 of the Northern
5
Ireland (Remission of Sentences) Act 1995, Article 26 of the
Criminal Justice (Northern Ireland) Order 1996 or Article 17 or
18(8) of the Criminal Justice (Northern Ireland) Order 2008.
(8)
An immigration officer is a person who is an immigration officer within
the meaning of the Immigration Act 1971.”
10
70
Return from category 2 territory
For section 132 of the Extradition Act 2003 substitute—
“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
15
form of detention in the United Kingdom is extradited to a
category 2 territory in accordance with this Part;
(b)
the person is returned to the United Kingdom to serve the
remainder of the sentence or the person otherwise returns to the
United Kingdom.
20
(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
part of the sentence.
(3)
But subsection (2) does not apply if—
(a)
the person was extradited for the purpose of being prosecuted
25
for an offence, and
(b)
the person has not been convicted of the offence or of any other
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
30
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
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
territory.
35
(5)
In a case where the person is not entitled to be released from detention
pursuant to the sentence—
(a)
the person is liable to be detained in pursuance of the sentence,
and
(b)
if at large, the person must be treated as being unlawfully at
40
large.
(6)
In a case where the person is entitled to be released from detention on
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,
45

Policing and Crime Bill
Part 6 — Extradition
83

(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,
(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
Criminal Justice Act 2003),
10
(c)
a duty to release the person under section 1, 1AA or 7(1) of the
Prisoners and Criminal Proceedings (Scotland) Act 1993 or
section 5, 11(2), 13, 19 or 23 of the Custodial Sentences and
Weapons (Scotland) Act 2007, or
(d)
a duty to release the person under section 1 of the Northern
15
Ireland (Remission of Sentences) Act 1995, Article 26 of the
Criminal Justice (Northern Ireland) Order 1996 or Article 17 or
18(8) of the Criminal Justice (Northern Ireland) Order 2008.
(8)
An immigration officer is a person who is an immigration officer within
the meaning of the Immigration Act 1971.”
20
Extradition to UK
71
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).
25
(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
30
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
person;
(c)
the person is serving a sentence of imprisonment or another
35
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
40
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—

Policing and Crime Bill
Part 6 — Extradition
84

(a)
the treatment in the United Kingdom of the person in respect of
whom the warrant is issued or the request for extradition is
made;
(b)
the return of that person to the territory.
(3)
The terms which may be included by the Secretary of State in an
5
undertaking given under subsection (2) in relation to a person accused
in the United Kingdom of the commission of an offence include terms—
(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
10
with in the United Kingdom;
(b)
that the person be returned to the territory to serve the
remainder of the sentence on the conclusion of those
proceedings.
(4)
The terms which may be included by the Secretary of State in an
15
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
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
20
United Kingdom (whether or not on licence).
(5)
If a person is to be returned to a territory by virtue of an undertaking
given under subsection (2), the undertaking is sufficient authority for a
constable—
(a)
to remove the person from any prison or other institution where
25
the person is detained;
(b)
to keep the person in custody until returned;
(c)
to convey the person to the territory.
153B
Return of person in pursuance of undertaking
(1)
This section applies if—
30
(a)
an undertaking is given under section 153A(2) as to the return
of a person to a territory;
(b)
the person is returned to the territory in pursuance of the
undertaking;
(c)
the person is returned to the United Kingdom to serve the
35
remainder of any sentence imposed in the United Kingdom or
the person otherwise returns to the United Kingdom.
(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.
40
(3)
If the person is not entitled to be released from detention pursuant to
the sentence—
(a)
the person is liable to be detained in pursuance of the sentence,
and
(b)
if at large, the person must be treated as being unlawfully at
45
large.
(4)
If the person is entitled to be released from detention on licence
pursuant to the sentence—

Policing and Crime Bill
Part 6 — Extradition
85

(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
the United Kingdom;
(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
5
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,
10
(ii)
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 Criminal Justice Act 2003),
(iii)
a duty to release the person under section 1, 1AA or 7(1)
15
of the Prisoners and Criminal Proceedings (Scotland)
Act 1993 or section 5, 11(2), 13, 19 or 23 of the Custodial
Sentences and Weapons (Scotland) Act 2007, or
(iv)
a duty to release the person under section 1 of the
Northern Ireland (Remission of Sentences) Act 1995,
20
Article 26 of the Criminal Justice (Northern Ireland)
Order 1996 or Article 17 or 18(8) of the Criminal Justice
(Northern Ireland) Order 2008;
(b)
an immigration officer is a person who is an immigration officer
within the meaning of the Immigration Act 1971.
25
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
30
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
35
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
40
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
45
a conviction for all other purposes.

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Part 6 — Extradition
86

(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—
(a)
subsection (4) is not complied with, and
5
(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.
(9)
If a person is to be returned by virtue of an undertaking given under
10
subsection (2), a constable may—
(a)
remove the person from any prison or other institution where
the person is detained;
(b)
keep the person in custody until returned;
(c)
convey the person to the territory to which the person is to be
15
returned.
153D
Sections 153A and 153C etc: supplementary
(1)
Nothing in section 153A or 153C requires the return of a person to a
territory in a case in which the Secretary of State is not satisfied that the
return is compatible with the Convention rights within the meaning of
20
the Human Rights Act 1998.
(2)
References in sections 153A and 153C and subsection (1) above to the
Secretary of State are to be read as references to the Scottish Ministers
in a case in which—
(a)
a Part 3 warrant was issued in respect of the person to be
25
returned, and
(b)
the warrant was issued by a sheriff.”
(4)
In section 153(1)(b) (return of person acquitted or not tried) for the words from
“from” to the end substitute “from a territory;”.
(5)
In section 197(2) (powers on escape from custody) after “Part 2” insert “, or kept
30
in custody by virtue of a power under Part 3,”.
72
Cases in which sentence treated as served
(1)
The Extradition Act 2003 (c. 41) is amended as follows.
(2)
In section 145(2) (sentence in territory executing Part 3 warrant) for
“punishment for the offence must be treated as remitted” substitute “sentence
35
for the offence must be treated as served”.
(3)
In section 152 (sentence in United Kingdom)—
(a)
in subsection (1)(a) for the words from “from” to the end substitute
“from a territory;”, and
(b)
in subsection (2) for “punishment for the offence must be treated as
40
remitted” substitute “sentence for the offence must be treated as
served”.