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(a) a Part 1 warrant in respect of a person is issued in respect of an offence | |
mentioned in subsection (2), or | |
(b) a valid request for a person’s extradition is made in respect of an | |
offence mentioned in subsection (2). | |
(2) The offences are— | 5 |
(a) an offence that if committed in the United Kingdom would be | |
punishable as an offence under section 51 or 58 of the International | |
Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity and | |
war crimes); | |
(b) an offence that if committed in the United Kingdom would be | 10 |
punishable as an offence under section 52 or 59 of that Act (conduct | |
ancillary to genocide, etc. committed outside the jurisdiction); | |
(c) an offence that if committed in the United Kingdom would be | |
punishable as an ancillary offence, as defined in section 55 or 62 of that | |
Act, in relation to an offence falling within paragraph (a) or (b); | 15 |
(d) an offence that if committed in the United Kingdom would be | |
punishable as an offence under section 1 of the International Criminal | |
Court (Scotland) Act 2001 (asp 13) (genocide, crimes against humanity | |
and war crimes); | |
(e) an offence that if committed in the United Kingdom would be | 20 |
punishable as an offence under section 2 of that Act (conduct ancillary | |
to genocide etc. committed outside the jurisdiction); | |
(f) an offence that if committed in the United Kingdom would be | |
punishable as an ancillary offence, as defined in section 7 of that Act, in | |
relation to an offence falling within paragraph (d) or (e); | 25 |
(g) any offence punishable in the United Kingdom under section 1 of the | |
Geneva Conventions Act 1957 (c. 52) (grave breach of scheduled | |
conventions). | |
(3) It is not an objection to extradition under this Act that the person could not | |
have been punished for the offence under the law in force at the time when and | 30 |
in the place where he is alleged to have committed the act of which he is | |
accused or of which he has been convicted. | |
192 Custody | |
(1) If a judge remands a person in custody under this Act, the person must be | |
committed to the institution to which he would have been committed if | 35 |
charged with an offence before the judge. | |
(2) If a person in custody following his arrest under Part 1 or Part 2 escapes from | |
custody, he may be retaken in any part of the United Kingdom in the same way | |
as he could have been if he had been in custody following his arrest or | |
apprehension under a relevant domestic warrant. | 40 |
(3) A relevant domestic warrant is a warrant for his arrest or apprehension issued | |
in the part of the United Kingdom in question in respect of an offence | |
committed there. | |
(4) Subsection (5) applies if— | |
(a) a person is in custody in one part of the United Kingdom (whether | 45 |
under this Act or otherwise); | |
(b) he is required to be removed to another part of the United Kingdom | |
after being remanded in custody under this Act; | |
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(c) he is so removed by sea or air. | |
(5) The person must be treated as continuing in legal custody until he reaches the | |
place to which he is required to be removed. | |
(6) An order for a person’s extradition under this Act is sufficient authority for an | |
appropriate person— | 5 |
(a) to receive him; | |
(b) to keep him in custody until he is extradited under this Act; | |
(c) to convey him to the territory to which he is to be extradited under this | |
Act. | |
(7) An appropriate person is— | 10 |
(a) a person to whom the order is directed; | |
(b) a constable. | |
193 Bail: England and Wales | |
(1) The Bail Act 1976 (c. 63) is amended as follows. | |
(2) In section 1(1) (meaning of “bail in criminal proceedings”) after paragraph (b) | 15 |
insert— | |
“, or | |
(c) bail grantable in connection with extradition proceedings in respect of | |
an offence.” | |
(3) In section 2(2) (other definitions) omit the definition of “proceedings against a | 20 |
fugitive offender” and in the appropriate places insert— | |
““extradition proceedings” means proceedings under the Extradition Act 2003;”; | |
““prosecutor”, in relation to extradition proceedings, means the person acting on | |
behalf of the territory to which extradition is sought;”. | |
(4) In section 4 (general right to bail) in subsection (2) omit the words “or | 25 |
proceedings against a fugitive offender for the offence”. | |
(5) In section 4 after subsection (2) insert— | |
“(2A) This section also applies to a person whose extradition is sought in | |
respect of an offence, when— | |
he appears or is brought before a court in the course of or in connection with | 30 |
extradition proceedings in respect of the offence, or | |
he applies to a court for bail or for a variation of the conditions of bail in connection | |
with the proceedings. | |
(2B) But subsection (2A) above does not apply if the person is alleged to be | |
unlawfully at large after conviction of the offence.” | 35 |
(6) In section 5B (reconsideration of decisions granting bail) for subsection (1) | |
substitute— | |
“(1) This section applies in any of these cases— | |
a magistrates’ court has granted bail in criminal proceedings in connection with an | |
offence to which this section applies or proceedings for such an offence; | 40 |
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a constable has granted bail in criminal proceedings in connection with proceedings | |
for such an offence; | |
a magistrates’ court or a constable has granted bail in connection with extradition | |
proceedings. | |
(1A) The court or the appropriate court in relation to the constable may, on | 5 |
application by the prosecutor for the decision to be reconsidered— | |
vary the conditions of bail, | |
impose conditions in respect of bail which has been granted unconditionally, or | |
withhold bail.” | |
(7) In section 7 (liability to arrest for absconding or breaking conditions of bail) | 10 |
after subsection (1) insert— | |
“(1A) Subsection (1B) applies if— | |
a person has been released on bail in connection with extradition proceedings, | |
the person is under a duty to surrender into the custody of a constable, and | |
the person fails to surrender to custody at the time appointed for him to do so. | 15 |
(1B) A magistrates’ court may issue a warrant for the person’s arrest.” | |
(8) In section 7(4) omit the words from “In reckoning” to “Sunday”. | |
(9) In section 7 after subsection (4) insert— | |
“(4A) A person who has been released on bail in connection with extradition | |
proceedings and is under a duty to surrender into the custody of a | 20 |
constable may be arrested without warrant by a constable on any of the | |
grounds set out in paragraphs (a) to (c) of subsection (3). | |
(4B) A person arrested in pursuance of subsection (4A) above shall be | |
brought as soon as practicable and in any event within 24 hours after | |
his arrest before a justice of the peace for the petty sessions area in | 25 |
which he was arrested.” | |
(10) In section 7(5) after “subsection (4)” insert “or (4B)”. | |
(11) In section 7 after subsection (6) insert— | |
“(7) In reckoning for the purposes of this section any period of 24 hours, no | |
account shall be taken of Christmas Day, Good Friday or any Sunday.” | 30 |
(12) In Part 1 of Schedule 1 (defendants accused or convicted of imprisonable | |
offences) for paragraph 1 substitute— | |
“1 The following provisions of this Part of this Schedule apply to the | |
defendant if— | |
the offence or one of the offences of which he is accused or convicted in the | 35 |
proceedings is punishable with imprisonment, or | |
his extradition is sought in respect of an offence.” | |
(13) In Part 1 of Schedule 1 after paragraph 2A insert— | |
“2B The defendant need not be granted bail in connection with | |
extradition proceedings if— | 40 |
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the conduct constituting the offence would, if carried out by the defendant in England | |
and Wales, constitute an indictable offence or an offence | |
triable either way; and | |
it appears to the court that the defendant was on bail on the date of the offence.” | |
(14) In Part 1 of Schedule 1 in paragraph 6 after “the offence” insert “or the | 5 |
extradition proceedings”. | |
194 Bail: Scotland | |
After section 24 of the Criminal Procedure (Scotland) Act 1995 (bail and bail | |
conditions) insert— | |
“24A Bail: extradition proceedings | 10 |
In the application of the provisions of this Part by virtue of section 9(2) or 76(2) of the | |
Extradition Act 2003 (judge’s powers at extradition hearing), those | |
provisions apply with the modifications that— | |
references to the prosecutor are to be read as references to a person acting on behalf of | |
the territory to which extradition is sought; | 15 |
the right of the Lord Advocate mentioned in section 24(2) of this Act applies to a | |
person subject to extradition proceedings as it applies to a person | |
charged with any crime or offence; | |
the following do not apply— | |
paragraph (b) of section 24(3); and | 20 |
subsection (3) of section 30; and | |
sections 28(1) and 33 apply to a person subject to extradition proceedings as they apply | |
to an accused. | |
Section 32 of this Act applies in relation to a refusal of bail, the amount of bail or a | |
decision to allow bail or ordain appearance in proceedings under this | 25 |
Part as the Part applies by virtue of the sections of that Act of 2003 | |
mentioned in subsection () above. | |
The Scottish Ministers may, by order, for the purposes of section 9(2) or 76(2) of the | |
Extradition Act 2003 make such amendments to this Part as they | |
consider necessary or expedient. | 30 |
The order making power in subsection () above shall be exercisable by statutory | |
instrument subject to annulment in pursuance of a resolution of the | |
Scottish Parliament.” | |
195 Appeal against grant of bail | |
(1) Section 1 of the Bail (Amendment) Act 1993 (c. 26) (prosecution right of appeal | 35 |
against grant of bail) is amended as follows. | |
(2) After subsection (1) insert— | |
“(1A) Where a magistrates’ court grants bail to a person in connection with | |
extradition proceedings, the prosecution may appeal to a judge of the | |
Crown Court against the granting of bail.” | 40 |
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(3) In subsection (3) for “Such an appeal” substitute “An appeal under subsection | |
(1) or (1A)”. | |
(4) In subsection (4)— | |
(a) after subsection (1) insert “or (1A)”; | |
(b) for “magistrates’ court” substitute “court which has granted bail”; | 5 |
(c) omit “such”. | |
(5) In subsection (5) for “magistrates’ court” substitute “court which has granted | |
bail”. | |
(6) In subsection (6) for “magistrates’ court” substitute “court which has granted | |
bail”. | 10 |
(7) In subsection (8)— | |
(a) after “subsection (1)” insert “or (1A)”; | |
(b) omit “magistrates’”. | |
(8) In subsection (10)(b) for “reference in subsection (5) above to remand in | |
custody is” substitute “references in subsections (6) and (9) above to remand in | 15 |
custody are”. | |
(9) After subsection (11) insert— | |
“(12) In this section— | |
“court” in relation to extradition proceedings includes a judge of a court or a justice of | |
the peace; | 20 |
“extradition proceedings” means proceedings under the Extradition Act 2003; | |
“prosecution” in relation to extradition proceedings means the person acting on behalf | |
of the territory to which extradition is sought.” | |
196 Remand to local authority accommodation | |
(1) Section 23 of the Children and Young Persons Act 1969 (remand to local | 25 |
authority accommodation) is amended as set out in subsections (2) to (11). | |
(2) In subsection (1) after “following provisions of this section” insert “(except | |
subsection (1A))”. | |
(3) After subsection (1) insert— | |
“(1A) Where a court remands a child or young person in connection with | 30 |
extradition proceedings and he is not released on bail the remand shall | |
be to local authority accommodation.” | |
(4) In subsection (4) after “subsections (5)” insert “, (5ZA)”. | |
(5) In subsection (5) after “security requirement” insert “in relation to a person | |
remanded in accordance with subsection (1) above”. | 35 |
(6) After subsection (5) insert— | |
“(5ZA) A court shall not impose a security requirement in relation to a person | |
remanded in accordance with subsection (1A) above unless— | |
he has attained the age of twelve and is of a prescribed description; | |
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one or both of the conditions set out in subsection (5ZB) below is satisfied; and | |
the condition set out in subsection (5AA) below is satisfied. | |
(5ZB) The conditions mentioned in subsection (5ZA)(b) above are— | |
that the conduct constituting the offence to which the extradition proceedings relate | |
would if committed in the United Kingdom constitute an offence | 5 |
punishable in the case of an adult with imprisonment for a term of | |
fourteen years or more; | |
that the person has previously absconded from the extradition proceedings or from | |
proceedings in the United Kingdom or the requesting territory which | |
relate to the conduct constituting the offence to which the extradition | 10 |
proceedings relate. | |
(5ZC) For the purposes of subsection (5ZB) above a person has absconded | |
from proceedings if in relation to those proceedings— | |
he has been released subject to a requirement to surrender to custody at a particular | |
time and he has failed to surrender to custody at that time, or | 15 |
he has surrendered into the custody of a court and he has at any time absented himself | |
from the court without its leave.” | |
(7) In subsection (5AA) for “subsection (5)” substitute “subsections (5) and (5ZA)”. | |
(8) In subsection (12) for the definition of “relevant court” substitute— | |
““relevant court”— | 20 |
in relation to a person remanded to local authority accommodation under subsection | |
(1) above, means the court by which he was so remanded, or any | |
magistrates’ court having jurisdiction in the place where he is for the | |
time being; | |
in relation to a person remanded to local authority accommodation under subsection | 25 |
(1A) above, means the court by which he was so remanded.” | |
(9) In subsection (12) in the appropriate places insert— | |
““extradition proceedings” means proceedings under the Extradition Act 2003;”; | |
““requesting territory” means the territory to which a person’s extradition is sought in | |
extradition proceedings;”. | 30 |
(10) In section 98(1) of the Crime and Disorder Act 1998 (modifications of section | |
23 of the Children and Young Persons Act 1969 in relation to 15 and 16 year old | |
boys) after paragraph (b) insert “; and | |
(c) is not remanded in connection with proceedings under the Extradition | |
Act 2003.” | 35 |
197 Extradition for more than one offence | |
The Secretary of State may by order provide for this Act to have effect with | |
specified modifications in relation to a case where— | |
(a) a Part 1 warrant is issued in respect of more than one offence; | |
(b) a request for extradition is made in respect of more than one offence. | 40 |
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