Legalize / United Kingdom / Public General Act

Extradition Act 2003

Type Public General Act

Publication 2003-11-20

Last updated 2024-03-13

State In force

Department Statute Law Database

Source legislation.gov.uk

articles 1

Reform history JSON API

(a) any power of a court to extend the period permitted for giving notice of application for leave to appeal;

(b) any power of a court to grant leave to take a step out of time.

(5) If leave to appeal to the High Court is granted on an application notice of which was given after the end of the permitted period, this section ceases to apply (but section 118 applies instead).

(6) In this section, “permitted period” means 14 days starting with the day on which the Secretary of State informs the person under section 100(1) that he has ordered his extradition.

Extradition following appeal

118

(1) This section applies if—

(a) there is an appeal to the High Court under section 103, 108 or 110 against a decision or order relating to a person’s extradition to a category 2 territory, and

(b) the effect of the decision of the relevant court on the appeal is that the person is to be extradited there.

(2) The person must be extradited to the category 2 territory before the end of the required period, which is 28 days starting with—

(a) the day on which the decision of the relevant court on the appeal becomes final, or

(b) the day on which proceedings on the appeal are discontinued.

(2A) But if the day referred to in paragraph (a) or (b) of subsection (3) is earlier than the earliest day on which, by reason of an order under section 118A or 118B, the extradition order may be carried out (“the postponed date”), the required period is 28 days beginning with the postponed date.

(3) The relevant court is—

(a) the High Court, if there is no appeal to the Supreme Court against the decision of the High Court on the appeal;

(b) the Supreme Court, if there is such an appeal.

(4) The decision of the High Court on the appeal becomes final—

(a) when the period permitted for applying to the High Court for leave to appeal to the Supreme Court ends, if there is no such application;

(b) when the period permitted for applying to the Supreme Court for leave to appeal to it ends, if the High Court refuses leave to appeal and there is no application to the Supreme Court for leave to appeal;

(d) at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the Supreme Court is granted, if no such appeal is brought before the end of that period.

(5) These must be ignored for the purposes of subsection (4)—

(a) any power of a court to extend the period permitted for applying for leave to appeal;

(b) any power of a court to grant leave to take a step out of time.

(6) The decision of the Supreme Court on the appeal becomes final when it is made.

(7) If subsection (2) is not complied with and the person applies to the appropriate judge to be discharged the judge must order his discharge, unless reasonable cause is shown for the delay.

(8) The preceding provisions of this section do not apply to Scotland.

Undertaking in relation to person serving sentence in United Kingdom

119

(1) This section applies if—

(a) the Secretary of State orders a person’s extradition to a category 2 territory under this Part;

(b) the person is serving a sentence of imprisonment or another form of detention in the United Kingdom , either—

(i) in custody, or

(ii) on licence.

(2) The Secretary of State may make the order for extradition subject to the condition that extradition is not to take place before he receives an undertaking given on behalf of the category 2 territory in terms specified by him.

(3) The terms which may be specified by the Secretary of State in relation to a person within subsection (1)(b)(i) who is accused in a category 2 territory of the commission of an offence include terms—

(a) that the person be kept in custody until the conclusion of the proceedings against him for the offence and any other offence in respect of which he is permitted to be dealt with in the category 2 territory;

(b) that the person be returned to the United Kingdom to serve the remainder of his sentence on the conclusion of those proceedings.

(3A) The terms which may be specified by the Secretary of State in relation to a person within subsection (1)(b)(ii) who is accused in a category 2 territory of the commission of an offence include terms that the person be returned to the United Kingdom to serve the remainder of his sentence after serving any sentence imposed on him in the category 2 territory for—

(a) the offence, and

(b) any other offence in respect of which he is permitted to be dealt with in the category 2 territory.

(4) The terms which may be specified by the Secretary of State in relation to a person alleged to be unlawfully at large after conviction of an offence by a court in a category 2 territory include terms that the person be returned to the United Kingdom to serve the remainder of his sentence after serving any sentence imposed on him in the category 2 territory for—

(a) the offence, and

(b) any other offence in respect of which he is permitted to be dealt with in the category 2 territory.

(5) Subsections (6) and (7) apply if the Secretary of State makes an order for extradition subject to a condition under subsection (2).

(6) If the Secretary of State does not receive the undertaking before the end of the period of 21 days starting with the day on which he makes the order and the person applies to the High Court to be discharged, the court must order his discharge.

(7) If the Secretary of State receives the undertaking before the end of that period—

(a) in a case where section 117 applies, the required period for the purposes of section 117(2) is 28 days starting with the day on which the Secretary of State receives the undertaking;

(b) in a case where section 118 applies, the required period for the purposes of section 118(2) is 28 days starting with the day on which the decision of the relevant court on the appeal becomes final (within the meaning of that section) or (if later) the day on which the Secretary of State receives the undertaking.

Extradition following deferral for competing claim

120

(1) This section applies if—

(a) an order is made under this Part for a person to be extradited to a category 2 territory in pursuance of a request for his extradition;

(b) before the person is extradited to the territory an order is made under section 126(2) or 179(2) for the person’s extradition in pursuance of the request to be deferred;

(c) the appropriate judge makes an order under section 181(2) for the person’s extradition in pursuance of the request to cease to be deferred.

(2) In a case where section 117 applies, the required period for the purposes of section 117(2) is 28 days starting with the day on which the order under section 181(2) is made.

(3) In a case where section 118 applies, the required period for the purposes of section 118(2) is 28 days starting with the day on which the decision of the relevant court on the appeal becomes final (within the meaning of that section) or (if later) the day on which the order under section 181(2) is made.

Asylum claim

121

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) If—

(a) an order is made under this Part for a person to be extradited in pursuance of a request, and

(b) the person has made an asylum claim (whether before or after the making of the request),

the person must not be extradited in pursuance of the request before the asylum claim is finally determined; and sections 117 and 118 have effect subject to this.

(4) If the Secretary of State allows the asylum claim, the claim is finally determined when he makes his decision on the claim.

(5) If the Secretary of State rejects the asylum claim, the claim is finally determined—

(a) when the Secretary of State makes his decision on the claim, if there is no right to appeal against the Secretary of State’s decision on the claim;

(b) when the period permitted for appealing against the Secretary of State’s decision on the claim ends, if there is such a right but there is no such appeal;

(c) when the appeal against that decision is finally determined or is withdrawn or abandoned, if there is such an appeal.

(6) An appeal against the Secretary of State’s decision on an asylum claim is not finally determined for the purposes of subsection (5) at any time when a further appeal or an application for leave to bring a further appeal—

(a) has been instituted and has not been finally determined or withdrawn or abandoned, or

(b) may be brought.

(7) The remittal of an appeal is not a final determination for the purposes of subsection (6).

(8) The possibility of an appeal out of time with leave must be ignored for the purposes of subsections (5) and (6).

Withdrawal of extradition request

Withdrawal of request before end of extradition hearing

122

(1) This section applies if at any time in the relevant period the appropriate judge is informed by the Secretary of State that a request for a person’s extradition has been withdrawn.

(2) The relevant period is the period—

(a) starting when the person first appears or is brought before the appropriate judge following his arrest under this Part;

(b) ending when the judge orders the person’s discharge or sends the case to the Secretary of State for his decision whether the person is to be extradited.

(3) The judge must order the person’s discharge.

(4) If the person is not before the judge at the time the judge orders his discharge, the judge must inform him of the order as soon as practicable.

Withdrawal of request after case sent to Secretary of State

123

(1) This section applies if at any time in the relevant period the Secretary of State is informed that a request for a person’s extradition has been withdrawn.

(2) The relevant period is the period—

(a) starting when the judge sends the case to the Secretary of State for his decision whether the person is to be extradited;

(b) ending when the person is extradited in pursuance of the request or discharged.

(3) The Secretary of State must order the person’s discharge.

Withdrawal of request while appeal to High Court pending

124

(1) This section applies if at any time in the relevant period the High Court is informed by the Secretary of State that a request for a person’s extradition has been withdrawn.

(2) The relevant period is the period—

(a) starting when notice of application for leave to appeal to the High Court is given by the person whose extradition is requested or by a person acting on behalf of the category 2 territory to which his extradition is requested;

(b) ending with the relevant day.

(2A) “The relevant day” is—

(a) if the High Court refuses leave to appeal to it, the day on which the decision to refuse leave becomes final;

(b) if leave to appeal is given but proceedings on the appeal are discontinued, the day of discontinuance;

(c) if leave to appeal is given and proceedings on the appeal are not discontinued, the day on which the court makes its decision on the appeal.

For the purposes of paragraph (a), the decision to refuse leave becomes final when, in accordance with rules of court, there is no further step that can be taken in relation to the application for leave to appeal (ignoring any power of a court to grant leave to take a step out of time).

(3) If theapplication or appeal is under section 103 or 108, the court must—

(a) order the person’s discharge;

(b) quash the order for his extradition, if the Secretary of State has ordered his extradition.

(4) If the application or appeal is under section 105 or 110, the court must dismiss the application or appeal.

(5) If the person is not before the court at the time the court orders his discharge, the court must inform him of the order as soon as practicable.

Withdrawal of request while appeal to House of Lords pending

125

(1) This section applies if at any time in the relevant period the Supreme Court is informed by the Secretary of State that a request for a person’s extradition has been withdrawn.

(2) The relevant period is the period—

(a) starting when leave to appeal to the Supreme Court is granted to the person whose extradition is requested or a person acting on behalf of the category 2 territory to which his extradition is requested;

(b) ending when proceedings on the appeal are discontinued or the Supreme Court makes its decision on the appeal.

(3) If the appeal is brought by the person whose extradition is requested the Supreme Court must—

(a) order the person’s discharge;

(b) quash the order for his extradition, in a case where the appeal was against a decision of the High Court to dismiss an appeal under section 103 or 108.

(4) If the appeal is brought by a person acting on behalf of the category 2 territory the Supreme Court must dismiss the appeal.

(5) If the person whose extradition is requested is not before the Supreme Court at the time it orders his discharge, the Supreme Court must inform him of the order as soon as practicable.

Competing extradition requests

126

(1) This section applies if—

(a) the Secretary of State receives a valid request for a person’s extradition to a category 2 territory;

(b) the person is in the United Kingdom;

(c) before the person is extradited in pursuance of the request or discharged, the Secretary of State receives another valid request for the person’s extradition.

(2) The Secretary of State may—

(a) order proceedings (or further proceedings) on one of the requests to be deferred until the other one has been disposed of, if neither of the requests has been disposed of;

(b) order the person’s extradition in pursuance of the request under consideration to be deferred until the other request has been disposed of, if an order for his extradition in pursuance of the request under consideration has been made.

(3) In applying subsection (2) the Secretary of State must take account in particular of these matters—

(a) the relative seriousness of the offences concerned;

(b) the place where each offence was committed (or was alleged to have been committed);

(d) whether, in the case of each offence, the person is accused of its commission (but not alleged to have been convicted) or is alleged to be unlawfully at large after conviction.

127

(1) A person arrested under a warrant issued under section 71 may consent to his extradition to the category 2 territory to which his extradition is requested.

(2) A person arrested under a provisional warrant or under section 74A may consent to his extradition to the category 2 territory in which he is accused of the commission of an offence or is alleged to have been convicted of an offence.

(3) Consent under this section—

(a) must be given in writing;

(b) is irrevocable.

(4) Consent under this section which is given by a person before his case is sent to the Secretary of State for the Secretary of State’s decision whether he is to be extradited must be given before the appropriate judge.

(5) Consent under this section which is given in any other case must be given to the Secretary of State.

(6) A person may not give his consent under this section before the appropriate judge unless—

(a) he is legally represented before the appropriate judge at the time he gives consent, or

(b) he is a person to whom subsection (7) applies.

(7) This subsection applies to a person if—

(a) he has been informed of his right to apply for legal aid and has had the opportunity to apply for legal aid, but he has refused or failed to apply;

(b) he has applied for legal aid but his application has been refused;

(8) In subsection (7) “legal aid” means—

(a) in England and Wales, representation for the purposes of criminal proceedings provided under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012;

(b) in Scotland, such legal aid as is available by virtue of section 183(a) of this Act;

(9) For the purposes of subsection (6) a person is to be treated as legally represented before the appropriate judge if (and only if) he has the assistance of counsel or a solicitor to represent him in the proceedings before the appropriate judge.

128

(1) This section applies if a person gives his consent under section 127 to the appropriate judge.

(2) If the judge has not fixed a date under section 75 or 76 on which the extradition hearing is to begin he is not required to do so.

(3) If the extradition hearing has begun the judge is no longer required to proceed or continue proceeding under sections 78 to 91.

(4) The judge must send the case to the Secretary of State for his decision whether the person is to be extradited.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Post-extradition matters

129

(1) This section applies if—

(a) a person is extradited to a category 2 territory in accordance with this Part;

(b) the Secretary of State receives a valid request for his consent to the person being dealt with in the territory for an offence other than the offence in respect of which he was extradited.

(2) A request for consent is valid if it is made by an authority which is an authority of the territory and which the Secretary of State believes has the function of making requests for the consent referred to in subsection (1)(b) in that territory.

(3) The Secretary of State must serve notice on the person that he has received the request for consent, unless he is satisfied that it would not be practicable to do so.

(4) The Secretary of State must decide whether the offence is an extradition offence.

(5) If the Secretary of State decides the question in subsection (4) in the negative he must refuse his consent.

(6) If the Secretary of State decides that question in the affirmative he must decide whether the appropriate judge would send the case to him (for his decision whether the person was to be extradited) under sections 79 to 91 if—

(a) the person were in the United Kingdom, and

(b) the judge were required to proceed under section 79 in respect of the offence for which the Secretary of State’s consent is requested.

(7) If the Secretary of State decides the question in subsection (6) in the negative he must refuse his consent.

(8) If the Secretary of State decides that question in the affirmative he must decide whether, if the person were in the United Kingdom, his extradition in respect of the offence would be prohibited under section 94, 95 or 96.

(9) If the Secretary of State decides the question in subsection (8) in the affirmative he must refuse his consent.

(10) If the Secretary of State decides that question in the negative he may give his consent.

130

(1) This section applies if—

(a) a person is extradited to a category 2 territory (the requesting territory) in accordance with this Part;

(b) the Secretary of State receives a valid request for his consent to the person’s extradition to another category 2 territory for an offence other than the offence in respect of which he was extradited.

(2) A request for consent is valid if it is made by an authority which is an authority of the requesting territory and which the Secretary of State believes has the function of making requests for the consent referred to in subsection (1)(b) in that territory.

(3) The Secretary of State must serve notice on the person that he has received the request for consent, unless he is satisfied that it would not be practicable to do so.

(4) The Secretary of State must decide whether the offence is an extradition offence in relation to the category 2 territory referred to in subsection (1)(b).

(5) If the Secretary of State decides the question in subsection (4) in the negative he must refuse his consent.

(6) If the Secretary of State decides that question in the affirmative he must decide whether the appropriate judge would send the case to him (for his decision whether the person was to be extradited) under sections 79 to 91 if—

(a) the person were in the United Kingdom, and

(b) the judge were required to proceed under section 79 in respect of the offence for which the Secretary of State’s consent is requested.

(7) If the Secretary of State decides the question in subsection (6) in the negative he must refuse his consent.

(8) If the Secretary of State decides that question in the affirmative he must decide whether, if the person were in the United Kingdom, his extradition in respect of the offence would be prohibited under section 94, 95 or 96.

(9) If the Secretary of State decides the question in subsection (8) in the affirmative he must refuse his consent.

(10) If the Secretary of State decides that question in the negative he may give his consent.

131

(1) This section applies if—

(a) a person is extradited to a category 2 territory (the requesting territory) in accordance with this Part;

(b) the Secretary of State receives a valid request for his consent to the person’s extradition to a category 1 territory for an offence other than the offence in respect of which he was extradited.

(2) A request for consent is valid if it is made by an authority which is an authority of the requesting territory and which the Secretary of State believes has the function of making requests for the consent referred to in subsection (1)(b) in that territory.

(3) The Secretary of State must serve notice on the person that he has received the request for consent, unless he is satisfied that it would not be practicable to do so.

(4) The Secretary of State must decide whether the offence is an extradition offence within the meaning given by section 64 in relation to the category 1 territory.

(5) If the Secretary of State decides the question in subsection (4) in the negative he must refuse his consent.

(6) If the Secretary of State decides that question in the affirmative he must decide whether the appropriate judge would order the person’s extradition under sections 11 to 25 if—

(a) the person were in the United Kingdom, and

(b) the judge were required to proceed under section 11 in respect of the offence for which the Secretary of State’s consent is requested.

(7) If the Secretary of State decides the question in subsection (6) in the affirmative he must give his consent.

(8) If the Secretary of State decides that question in the negative he must refuse his consent.

Return of person to serve remainder of sentence

132

(1) This section applies if—

(a) a person who is serving a sentence of imprisonment or another 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.

(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 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 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.

(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 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,

(b) if the person was not released on licence at that time, subsections (7) to (10) apply in relation to the person (“the offender”).

(7) The offender is liable to be detained, on return, in any place in which the offender could have been detained pursuant to the sentence before the time of extradition.

(8) A constable or immigration officer may—

(a) take the offender into custody, and

(b) convey the offender to the place mentioned in subsection (7).

(9) The offender must be released on licence within the period of 5 days beginning when the offender is taken (or retaken) into custody under this section.

(10) In calculating a period of 5 days for the purposes of subsection (9) no account is to be taken of any day mentioned in any of paragraphs (a) to (d) of section 59(10).

(11) A person is entitled to be released from detention if there is—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a duty to release the person under Chapter 6 of Part 12 of the Criminal Justice Act 2003 ...,

(c) a duty to release the person under section 1, 1AA , 1AB 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 Ireland (Remission of Sentences) Act 1995, Article 26 of the Criminal Justice (Northern Ireland) Order 1996 or Article 17 , 18(8) or 20A(8) of the Criminal Justice (Northern Ireland) Order 2008.

(12) The powers conferred on a constable by subsection (8) are exercisable in any part of the United Kingdom.

(13) An immigration officer is a person who is an immigration officer within the meaning of the Immigration Act 1971.

Costs

Costs where extradition ordered

133

(1) This section applies if any of the following occurs in relation to a person whose extradition is requested under this Part—

(a) an order for the person’s extradition is made under this Part;

(aa) the High Court dismisses an application for leave to appeal to it under section 103 or 108;

(b) the High Court dismisses an appeal under section 103 or 108;

(c) the High Court or the Supreme Court dismisses an application for leave to appeal to the Supreme Court under section 114, if the application is made by the person;

(d) the Supreme Court dismisses an appeal under section 114, if the appeal is brought by the person.

(2) In a case falling within subsection (1)(a), the appropriate judge may make such order as he considers just and reasonable with regard to the costs to be paid by the person.

(2A) In a case falling within subsection (1)(aa), the High Court may make such order as it considers just and reasonable with regard to the costs to be paid by the person.

(3) In a case falling within subsection (1)(b) by virtue of section 104(7), the judge who decides the question that is (or all the questions that are) the subject of a direction under section 104(1)(b) may make such order as he considers just and reasonable with regard to the costs to be paid by the person.

(4) In any other case falling within subsection (1)(b), the High Court may make such order as it considers just and reasonable with regard to the costs to be paid by the person.

(5) In a case falling within subsection (1)(c) or (d), the court by which the application or appeal is dismissed may make such order as it considers just and reasonable with regard to the costs to be paid by the person.

(6) An order for costs under this section—

(a) must specify their amount;

(b) may name the person to whom they are to be paid.

Costs where discharge ordered

134

(1) This section applies if any of the following occurs in relation to a person whose extradition to a category 2 territory is requested under this Part—

(a) an order for the person’s discharge is made under this Part;

(b) the person is taken to be discharged under this Part;

(ba) the High Court dismisses an application for leave to appeal to it under section 105 or 110;

(d) the High Court or the Supreme Court dismisses an application for leave to appeal to the Supreme Court under section 114, if the application is made on behalf of the category 2 territory;

(e) the Supreme Court dismisses an appeal under section 114, if the appeal is brought on behalf of the category 2 territory.

(2) In a case falling within subsection (1)(a), an order under subsection (5) in favour of the person may be made by—

(a) the appropriate judge, if the order for the person’s discharge is made by him or by the Secretary of State;

(b) the High Court, if the order for the person’s discharge is made by it;

(3) In a case falling within subsection (1)(b), the appropriate judge may make an order under subsection (5) in favour of the person.

(4) In a case falling within subsection (1)(ba), (c), (d) or (e), the court by which the application or appeal is dismissed may make an order under subsection (5) in favour of the person.

(5) An order under this subsection in favour of a person is an order for a payment of the appropriate amount to be made to the person out of money provided by Parliament.

(5A) In England and Wales, an order under subsection (5) is to be made, and the appropriate amount is to be determined, in accordance with sections 135A and 135B.

(5B) In Scotland and Northern Ireland, an order under subsection (5) is to be made, and the appropriate amount is to be determined, in accordance with subsections (6) to (9).

(6) The appropriate amount is such amount as the judge or court making the order under subsection (5) considers reasonably sufficient to compensate the person in whose favour the order is made for any expenses properly incurred by him in the proceedings under this Part.

(7) But if the judge or court making an order under subsection (5) is of the opinion that there are circumstances which make it inappropriate that the person in whose favour the order is made should recover the full amount mentioned in subsection (6), the judge or court must—

(a) assess what amount would in his or its opinion be just and reasonable;

(b) specify that amount in the order as the appropriate amount.

(8) Unless subsection (7) applies, the appropriate amount—

(a) must be specified in the order, if the court considers it appropriate for it to be so specified and the person in whose favour the order is made agrees the amount;

(b) must be determined in accordance with regulations made by the Lord Chancellor for the purposes of this section, in any other case.

(9) In relation to proceedings in Northern Ireland (including proceedings in the Supreme Court on an appeal, or on an application for leave to appeal, from proceedings in Northern Ireland)—

(a) subsection (5) has effect as if for “out of money provided by Parliament” there were substituted by the Department of Justice in Northern Ireland;

(b) the power to make regulations under subsection (8)(b) is exercisable by the Department of Justice in Northern Ireland (and not by the Lord Chancellor).

Costs where discharge ordered: supplementary

135

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In Northern Ireland, section 7 of the Costs in Criminal Cases Act (Northern Ireland) 1968 (c. 10) (rules relating to costs) applies in relation to section 134 as that section applies in relation to sections 2 to 5 of that Act.

Repatriation cases

Persons serving sentences outside territory where convicted

136

(1) This section applies if—

(a) a request is made for a person’s extradition to a category 2 territory and the request contains the statement referred to in subsection (2), ...

(b) a provisional warrant for a person’s arrest is sought on behalf of a category 2 territory and the information laid before the justice contains the statement referred to in subsection (2), or

(c) a request for the person's arrest is made by an authority of a specified category 2 territory (within the meaning of section 74B(7)) and the request contains the statement referred to in subsection (2).

(2) The statement is one that the person—

(a) is alleged to be unlawfully at large from a prison in one territory (the imprisoning territory) in which he was serving a sentence after conviction of an offence specified in the request by a court in another territory (the convicting territory), and

(b) was serving the sentence in pursuance of international arrangements for prisoners sentenced in one territory to be repatriated to another territory in order to serve their sentence.

(3) If the category 2 territory is either the imprisoning territory or the convicting territory—

(a) section 70(3) has effect as if the reference to the statement referred to in subsection (4) of that section were a reference to the statement referred to in subsection (2) of this section;

(b) section 73(1) has effect as if the reference to a person within subsection (2) of that section were a reference to the person referred to in subsection (1)(b) or (c) (as the case may be) of this section.

(c) section 74C(1)(b) has effect as if the reference to the statement referred to in subsection (4) of that section were a reference to the statement in subsection (2) of this section;

(d) section 74C(5) has effect as if paragraph (c) were omitted and as if in paragraph (d)—

(i) “the category 2 territory” read “the convicting territory”;

(ii) “if the person has been sentenced for the offence” were omitted.

(4) If the category 2 territory is the imprisoning territory—

(a) sections 71(2)(a), 73(3)(a) and 78(4)(b) have effect as if “an extradition offence” read “ an extradition offence in relation to the convicting territory ”;

(aa) section 74(7)(a) has effect as if “accused of the commission of an offence in a category 2 territory or that he is alleged to be unlawfully at large after conviction of an offence by a court in a category 2 territory” read “alleged to be unlawfully at large from a prison in the imprisoning territory after conviction of an offence in the convicting territory”;

(b) sections 74(8)(a) and 127(2) have effect as if “the category 2 territory in which he is accused of the commission of an offence or is alleged to have been convicted of an offence” read “ the imprisoning territory ”;

(ca) section 74B(1)(b) has effect as if sub-paragraph (i) were omitted and as if for sub-paragraph (ii) there were substituted—

(ii) the person is alleged to be unlawfully at large from a prison in the imprisoning territory after conviction of an offence in the convicting territory;

;

(cb) section 74B(1)(c) has effect as if “a serious extradition offence” read “a serious extradition offence in relation to the convicting territory”;

(cc) section 74E(1)(a) has effect as if “accused of the commission of an offence in a category 2 territory or are alleged to be unlawfully at large after conviction of an offence by a court in a category 2 territory” read “alleged to be unlawfully at large from a prison in the imprisoning territory after conviction of an offence in the convicting territory”;

(cd) section 74E(2)(a) has effect as if “the category 2 territory in which the person is accused of the commission of an offence or is alleged to have been convicted of an offence” read “the imprisoning territory”;

(d) section 78(2)(e) has effect as if “the category 2 territory” read “ the convicting territory ”;

(e) section 85(5) has effect as if after “entitled” there were inserted “ in the convicting territory ”;

(f) section 119(4) has effect as if “a category 2 territory” read “ the convicting territory ” and as if “the category 2 territory” in both places read “ the convicting territory ”;

(g) section 138(1) has effect as if “a category 2 territory” read “ the convicting territory ”;

(h) in section 138, subsections (2), (3), (4), (5) and (7) have effect as if “the category 2 territory” read “ the convicting territory ”.

(5) Subsection (1)(b) applies to Scotland with the substitution of “ application by the procurator fiscal sets out the matters referred to in paragraphs (a) and (b) of subsection (2) ” for “information laid by the justice contains the statement referred to in subsection (2)”.

(6) Subsection (1)(b) applies to Northern Ireland with the substitution of “ the complaint made to ” for “the information laid before”.

Interpretation

Extradition offences: person not sentenced for offence

137

(1) This section sets out whether a person's conduct constitutes an “extradition offence” for the purposes of this Part in a case where the person—

(a) is accused in a category 2 territory of an offence constituted by the conduct, or

(b) has been convicted in that territory of an offence constituted by the conduct but not sentenced for it.

(2) The conduct constitutes an extradition offence in relation to the category 2 territory if the conditions in subsection (3), (4) or (5) are satisfied.

(3) The conditions in this subsection are that—

(a) the conduct occurs in the category 2 territory;

(b) the conduct would constitute an offence under the law of the relevant part of the United Kingdom punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment if it occurred in that part of the United Kingdom;

(4) The conditions in this subsection are that—

(a) the conduct occurs outside the category 2 territory;

(b) in corresponding circumstances equivalent conduct would constitute an extra-territorial offence under the law of the relevant part of the United Kingdom punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment;

(5) The conditions in this subsection are that—

(a) the conduct occurs outside the category 2 territory;

(b) no part of the conduct occurs in the United Kingdom;

(c) the conduct constitutes, or if committed in the United Kingdom would constitute, an offence mentioned in subsection (6);

(d) the conduct is punishable under the law of the category 2 territory with imprisonment or another form of detention for a term of 12 months or a greater punishment.

(6) The offences are—

(a) 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 under section 52 or 59 of that Act (conduct ancillary to genocide etc. committed outside the jurisdiction);

(c) an ancillary offence, as defined in section 55 or 62 of that Act, in relation to an offence falling within paragraph (a) or (b);

(d) 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 under section 2 of that Act (conduct ancillary to genocide etc. committed outside the jurisdiction);

(f) an ancillary offence, as defined in section 7 of that Act, in relation to an offence falling within paragraph (d) or (e).

(7) If the conduct constitutes an offence under the military law of the category 2 territory but does not constitute an offence under the general criminal law of the relevant part of the United Kingdom it does not constitute an extradition offence; and subsections (1) to (6) have effect subject to this.

(7A) References in this section to “conduct” (except in the expression “equivalent conduct”) are to the conduct specified in the request for the person's extradition

(8) The relevant part of the United Kingdom is the part of the United Kingdom in which—

(a) the extradition hearing took place, if the question of whether conduct constitutes an extradition offence is to be decided by the Secretary of State;

(b) proceedings in which it is necessary to decide that question are taking place, in any other case.

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extradition offences: person sentenced for offence

138

(1) This section sets out whether a person's conduct constitutes an “extradition offence” for the purposes of this Part in a case where the person—

(a) has been convicted, in the category 2 territory to which extradition is requested, of an offence constituted by the conduct, and

(b) has been sentenced for the offence.

(2) The conduct constitutes an extradition offence in relation to the category 2 territory if the conditions in subsection (3), (4) or (5) are satisfied.

(3) The conditions in this subsection are that—

(a) the conduct occurs in the category 2 territory;

(b) the conduct would constitute an offence under the law of the relevant part of the United Kingdom punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment if it occurred in that part of the United Kingdom;

(c) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 2 territory in respect of the conduct.

(4) The conditions in this subsection are that—

(a) the conduct occurs outside the category 2 territory;

(b) in corresponding circumstances equivalent conduct would constitute an extra-territorial offence under the relevant part of the United Kingdom punishable as mentioned in subsection (3)(b);

(c) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 2 territory in respect of the conduct.

(5) The conditions in this subsection are that—

(a) the conduct occurs outside the category 2 territory;

(b) no part of the conduct occurs in the United Kingdom;

(c) the conduct constitutes, or if committed in the United Kingdom would constitute, an offence mentioned in subsection (6);

(d) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 2 territory in respect of the conduct.

(6) The offences are—

(a) 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 under section 52 or 59 of that Act (conduct ancillary to genocide etc. committed outside the jurisdiction);

(c) an ancillary offence, as defined in section 55 or 62 of that Act, in relation to an offence falling within paragraph (a) or (b);

(d) 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 under section 2 of that Act (conduct ancillary to genocide etc. committed outside the jurisdiction);

(f) an ancillary offence, as defined in section 7 of that Act, in relation to an offence falling within paragraph (d) or (e).

(7) If the conduct constitutes an offence under the military law of the category 2 territory but does not constitute an offence under the general criminal law of the relevant part of the United Kingdom it does not constitute an extradition offence; and subsections (1) to (6) have effect subject to this.

(7A) References in this section to “conduct” (except in the expression “equivalent conduct”) are to the conduct specified in the request for the person's extradition

(8) The relevant part of the United Kingdom is the part of the United Kingdom in which—

(a) the extradition hearing took place, if the question of whether conduct constitutes an extradition offence is to be decided by the Secretary of State;

(b) proceedings in which it is necessary to decide that question are taking place, in any other case.

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The appropriate judge

139

(1) The appropriate judge is—

(a) in England and Wales, a District Judge (Magistrates' Courts) designated for the purposes of this Part by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor;

(b) in Scotland, the sheriff of Lothian and Borders;

(c) in Northern Ireland, such county court judge or resident magistrate as is designated for the purposes of this Part by the Lord Chief Justice of Northern Ireland after consulting the Department of Justice in Northern Ireland.

(2) A designation under subsection (1) may be made for all cases or for such cases (or cases of such description) as the designation stipulates.

(3) More than one designation may be made under subsection (1).

(3A) The use of the expression “the judge” in a section containing a previous reference to “the appropriate judge” or “the judge” does not in itself require both references to be read as referring to the same individual.

(4) This section applies for the purposes of this Part.

(5) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1)(a).

(6) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (1)(c)—

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b) a Lord Justice of Appeal (as defined in section 88 of that Act).

The extradition hearing

140

(1) The extradition hearing is the hearing at which the appropriate judge is to deal with a request for extradition to a category 2 territory.

(2) This section applies for the purposes of this Part.

Scotland: references to Secretary of State

141

(1) This Part applies in relation to any function which falls under this Part to be exercised in relation to Scotland only as if references in this Part to the Secretary of State were to the Scottish Ministers.

(2) Subsection (1) does not apply to the references to the Secretary of State in paragraph (b) of section 70(2), in paragraph (c) of section 93(4) and in sections 83(3), 101(5) and 121.

Part 3 — Extradition to the United Kingdom

Extradition from category 1 territories

Issue of Part 3 warrant

142

(1) The appropriate judge may issue a Part 3 warrant in respect of a person if—

(a) a constable or an appropriate person applies to the judge for a Part 3 warrant, and

(b) the condition in subsection (2) , or the condition in subsection (2A), is satisfied.

(2) The condition is that—

(a) there are reasonable grounds for believing that the person has committed an extradition offence, and

(b) a domestic warrant has been issued in respect of the person.

(2A) The condition is that—

(a) the person has been convicted of an extradition offence by a court in the United Kingdom,

(b) his extradition is sought for the purpose of his being sentenced for the offence or of his serving a sentence of imprisonment or another form of detention imposed in respect of the offence, and

(3) A Part 3 warrant is an arrest warrant which contains—

(a) the statement referred to in subsection (4) or the statement referred to in subsection (5), and

(b) the certificate referred to in subsection (6).

(4) The statement is one that—

(a) the person in respect of whom the warrant is issued is accused in the United Kingdom of the commission of an extradition offence specified in the warrant, and

(b) the warrant is issued with a view to his arrest and extradition to the United Kingdom for the purpose of being prosecuted for the offence.

(5) The statement is one that—

(a) the person in respect of whom the warrant is issued has been convicted of an extradition offence specified in the warrant by a court in the United Kingdom, and

(b) the warrant is issued with a view to his arrest and extradition to the United Kingdom for the purpose of being sentenced for the offence or of serving a sentence of imprisonment or another form of detention imposed in respect of the offence.

(6) The certificate is one certifying—

(a) whether the conduct constituting the extradition offence specified in the warrant falls within the Trade and Cooperation Agreement list;

(b) whether the offence is an extra-territorial offence;

(c) what is the maximum punishment that may be imposed on conviction of the offence or (if the person has been sentenced for the offence) what sentence has been imposed.

(7) The conduct which falls within the Trade and Cooperation Agreement list must be taken for the purposes of subsection (6)(a) to include conduct which constitutes—

(a) an attempt, conspiracy or incitement to carry out conduct falling within the list, or

(b) aiding, abetting, counselling or procuring the carrying out of conduct falling within the list.

(8) A domestic warrant is a warrant for the arrest or apprehension of a person which is issued under any of the provisions referred to in subsection (8A), or at common law by a Crown Court judge in Northern Ireland.

(8A) The provisions are—

(a) section 72 of the Criminal Justice Act 1967;

(b) section 7 of the Bail Act 1976;

(d) section 1 of the Magistrates' Courts Act 1980;

(e) Article 20 or 25 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26));

(f) the Criminal Procedure (Scotland) Act 1995.

(9) An appropriate person is a person of a description specified in an order made by the Secretary of State for the purposes of this section.

(10) Subsection (1)(a) applies to Scotland with the substitution of “a procurator fiscal” for “a constable or an appropriate person”.

Undertaking in relation to person serving sentence

143

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Return to extraditing territory to serve sentence

144

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service of sentence in territory executing Part 3 warrant

145

(1) This section applies if—

(a) a Part 3 warrant is issued in respect of a person;

(b) the certificate contained in the warrant certifies that a sentence has been imposed;

(c) an undertaking is given on behalf of a category 1 territory that the person will be required to serve the sentence in the territory;

(d) on the basis of the undertaking the person is not extradited to the United Kingdom from the category 1 territory.

(2) The sentence for the offence must be treated as served but the person’s conviction for the offence must be treated as a conviction for all other purposes.

Dealing with person for other offences

146

(1) This section applies if a person is extradited to the United Kingdom from a category 1 territory in pursuance of a Part 3 warrant.

(2) The person may be dealt with in the United Kingdom for an offence committed before his extradition only if—

(a) the offence is one falling within subsection (3), or

(b) the condition in subsection (4) is satisfied.

(3) The offences are—

(a) the offence in respect of which the person is extradited;

(b) an offence disclosed by the information provided to the category 1 territory in respect of that offence;

(c) an extradition offence in respect of which consent to the person being dealt with is given on behalf of the territory in response to a request made by the appropriate judge;

(d) an offence which is not punishable with imprisonment or another form of detention;

(e) an offence in respect of which the person will not be detained in connection with his trial, sentence or appeal;

(f) an offence in respect of which the person waives the right that he would have (but for this paragraph) not to be dealt with for the offence.

(4) The condition is that the person has been given an opportunity to leave the United Kingdom and—

(a) he has not done so before the end of the permitted period, or

(b) he has done so before the end of the permitted period and has returned to the United Kingdom.

(5) The permitted period is 45 days starting with the day on which the person arrives in the United Kingdom.

147

(1) This section applies if—

(a) a person is extradited to the United Kingdom from a category 1 territory in pursuance of a Part 3 warrant;

(b) the person consented to his extradition to the United Kingdom in accordance with the law of the category 1 territory.

(2) Section 146(2) does not apply if the conditions in subsection (3) or the conditions in subsection (4) are satisfied.

(3) The conditions are that—

(a) under the law of the category 1 territory, the effect of the person’s consent is to waive his right under section 146(2);

(b) the person has not revoked his consent in accordance with that law, if he is permitted to do so under that law.

(4) The conditions are that—

(a) under the law of the category 1 territory, the effect of the person’s consent is not to waive his right under section 146(2);

(b) the person has expressly waived his right under section 146(2) in accordance with that law;

(d) the person has not revoked the waiver of his right under section 146(2) in accordance with that law, if he is permitted to do so under that law.

Extradition offences

148

(1) Conduct constitutes an extradition offence in relation to the United Kingdom if these conditions are satisfied—

(a) the conduct occurs in the United Kingdom;

(b) the conduct is punishable under the law of the relevant part of the United Kingdom with imprisonment or another form of detention for a term of 12 months or a greater punishment.

(2) Conduct also constitutes an extradition offence in relation to the United Kingdom if these conditions are satisfied—

(a) the conduct occurs outside the United Kingdom;

(b) the conduct constitutes an extra-territorial offence punishable under the law of the relevant part of the United Kingdom with imprisonment or another form of detention for a term of 12 months or a greater punishment.

(3) But subsections (1) and (2) do not apply in relation to conduct of a person if—

(a) he has been convicted by a court in the United Kingdom of the offence constituted by the conduct, and

(b) he has been sentenced for the offence.

(4) Conduct also constitutes an extradition offence in relation to the United Kingdom if these conditions are satisfied—

(a) the conduct occurs in the United Kingdom;

(b) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the United Kingdom in respect of the conduct.

(5) Conduct also constitutes an extradition offence in relation to the United Kingdom if these conditions are satisfied—

(a) the conduct occurs outside the United Kingdom;

(b) the conduct constitutes an extra-territorial offence;

(c) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the United Kingdom in respect of the conduct.

(6) The relevant part of the United Kingdom is the part of the United Kingdom in which the relevant proceedings are taking place.

(7) The relevant proceedings are the proceedings in which it is necessary to decide whether conduct constitutes an extradition offence.

(8) Subsections (1) to (5) apply for the purposes of sections 142 to 147.

The appropriate judge

149

(1) The appropriate judge is—

(a) in England and Wales, a District Judge (Magistrates' Courts), a justice of the peace or a judge entitled to exercise the jurisdiction of the Crown Court;

(b) in Scotland, a sheriff;

(2) This section applies for the purposes of sections 142 to 147.

Extradition from category 2 territories

Dealing with person for other offences: Commonwealth countries etc.

150

(1) This section applies if—

(a) a person is extradited to the United Kingdom from a category 2 territory under law of the territory corresponding to Part 2 of this Act, and

(b) the territory is a Commonwealth country, a British overseas territory or the Hong Kong Special Administrative Region of the People’s Republic of China.

(2) The person may be dealt with in the United Kingdom for an offence committed before his extradition only if—

(a) the offence is one falling within subsection (3), or

(b) the condition in subsection (6) is satisfied.

This is subject to section 151B.

(3) The offences are—

(a) the offence in respect of which the person is extradited;

(b) a lesser offence disclosed by the information provided to the category 2 territory in respect of that offence;

(c) an offence in respect of which consent to the person being dealt with is given by or on behalf of the relevant authority.

(4) An offence is a lesser offence in relation to another offence if the maximum punishment for it is less severe than the maximum punishment for the other offence.

(5) The relevant authority is—

(a) if the person has been extradited from a Commonwealth country, the government of the country;

(b) if the person has been extradited from a British overseas territory, the person administering the territory;

(c) if the person has been extradited from the Hong Kong Special Administrative Region of the People’s Republic of China, the government of the Region.

(6) The condition is that the protected period has ended.

(7) The protected period is 45 days starting with the first day after his extradition to the United Kingdom on which the person is given an opportunity to leave the United Kingdom.

(8) A person is dealt with in the United Kingdom for an offence if—

(a) he is tried there for it;

(b) he is detained with a view to trial there for it.

Dealing with person for other offences: other category 2 territories

151

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General

Remission of punishment for other offences

152

(1) This section applies if—

(a) a person is extradited to the United Kingdom from a territory;

(b) before his extradition he has been convicted of an offence in the United Kingdom;

(2) The sentence for the offence must be treated as served but the person’s conviction for the offence must be treated as a conviction for all other purposes.

Return of person acquitted or not tried

153

(1) This section applies if—

(a) a person is accused in the United Kingdom of the commission of an offence;

(b) the person is extradited to the United Kingdom in respect of the offence from a territory;

(2) The condition is that—

(a) proceedings against the person for the offence are not begun before the end of the required period, which is 6 months starting with the day on which the person arrives in the United Kingdom on his extradition, and

(b) before the end of the period of 3 months starting immediately after the end of the required period the person asks the Secretary of State to return him to the territory from which he was extradited.

(3) The condition is that—

(a) at his trial for the offence the person is acquitted or is discharged under any of the provisions specified in subsection (4), and

(b) before the end of the period of 3 months starting immediately after the date of his acquittal or discharge the person asks the Secretary of State to return him to the territory from which he was extradited.

(4) The provisions are—

(a) section 79 or 80 of the Sentencing Code;

(b) section 246(1), (2) or (3) of the Criminal Procedure (Scotland) Act 1995 (c. 46);

(5) The Secretary of State must arrange for him to be sent back, free of charge and with as little delay as possible, to the territory from which he was extradited to the United Kingdom in respect of the offence.

(6) If the accusation in subsection (1)(a) relates to the commission of an offence in Scotland, subsections (2)(b), (3)(b) and (5) apply as if the references to the Secretary of State were references to the Scottish Ministers.

Restriction on bail where undertaking given by Secretary of State

154

(1) This section applies in relation to a person if—

(a) the Secretary of State has given an undertaking in connection with the person’s extradition to the United Kingdom, and

(b) the undertaking includes terms that the person be kept in custody until the conclusion of any proceedings against him in the United Kingdom for an offence.

(2) A court, judge or justice of the peace may grant bail to the person in the proceedings only if the court, judge or justice of the peace considers that there are exceptional circumstances which justify it.

Service personnel

155

The Secretary of State may by order provide for the preceding provisions of this Part to have effect with specified modifications in relation to a case where the person whose extradition is sought or ordered is subject to service law..

Part 4 — Police powers

Warrants and orders

Search and seizure warrants

156

(1) A justice of the peace may, on an application made to him by a constable, issue a search and seizure warrant if he is satisfied that the requirements for the issue of a search and seizure warrant are fulfilled.

(2) The application for a search and seizure warrant must state that—

(a) the extradition of a person specified in the application is sought under Part 1 or Part 2;

(b) the warrant is sought in relation to premises specified in the application;

(d) that material, or material of that description, is believed to be on the premises.

(3) If the application states that the extradition of the person is sought under Part 1, the application must also state that the person is accused in a category 1 territory specified in the application of the commission of an offence—

(a) which is specified in the application, and

(b) which is an extradition offence within the meaning given by section 64.

(4) If the application states that the extradition of the person is sought under Part 2, the application must also state that the person is accused in a category 2 territory specified in the application of the commission of an offence—

(a) which is specified in the application, and

(b) which is an extradition offence within the meaning given by section 137.

(5) A search and seizure warrant is a warrant authorising a constable—

(a) to enter and search the premises specified in the application for the warrant, and

(b) to seize and retain any material found there which falls within subsection (6).

(6) Material falls within this subsection if—

(a) it would be likely to be admissible evidence at a trial in the relevant part of the United Kingdom for the offence specified in the application for the warrant (on the assumption that conduct constituting that offence would constitute an offence in that part of the United Kingdom), and

(b) it does not consist of or include items subject to legal privilege, excluded material or special procedure material.

(7) The relevant part of the United Kingdom is the part of the United Kingdom where the justice of the peace exercises jurisdiction.

(8) The requirements for the issue of a search and seizure warrant are that there are reasonable grounds for believing that—

(a) the offence specified in the application has been committed by the person so specified;

(b) the person is in the United Kingdom or is on his way to the United Kingdom;

(c) the offence is an extradition offence within the meaning given by section 64 (if subsection (3) applies) or section 137 (if subsection (4) applies);

(d) there is material on premises specified in the application which falls within subsection (6);

(e) any of the conditions referred to in subsection (9) is satisfied.

(9) The conditions are—

(a) that it is not practicable to communicate with a person entitled to grant entry to the premises;

(b) that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with a person entitled to grant access to the material referred to in subsection (8)(d);

(d) that the purpose of a search may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.

(10) The preceding provisions of this section apply to Scotland with these modifications—

(a) in subsections (1) and (7) for “justice of the peace” substitute “ sheriff ”;

(b) in subsection (1) for “constable” substitute “ procurator fiscal ”;

(d) in subsection (6)(b) omit the words “, excluded material or special procedure material”;

(e) subsections (8)(e) and (9) are omitted.

Production orders

157

(1) A judge may, on an application made to him by a constable, make a production order if he is satisfied that the requirements for the making of a production order are fulfilled.

(2) The application for a production order must state that—

(a) the extradition of a person specified in the application is sought under Part 1 or Part 2;

(b) the order is sought in relation to premises specified in the application;

(d) the material is special procedure material or excluded material;

(e) a person specified in the application appears to be in possession or control of the material.

(3) If the application states that the extradition of the person is sought under Part 1, the application must also state that the person is accused in a category 1 territory specified in the application of the commission of an offence—

(a) which is specified in the application, and

(b) which is an extradition offence within the meaning given by section 64.

(4) If the application states that the extradition of the person is sought under Part 2, the application must also state that the person is accused in a category 2 territory specified in the application of the commission of an offence—

(a) which is specified in the application, and

(b) which is an extradition offence within the meaning given by section 137.

(5) A production order is an order either—

(a) requiring the person the application for the order specifies as appearing to be in possession or control of special procedure material or excluded material to produce it to a constable (within the period stated in the order) for him to take away, or

(b) requiring that person to give a constable access to the special procedure material or excluded material within the period stated in the order.

(6) The period stated in a production order must be a period of 7 days starting with the day on which the order is made, unless it appears to the judge by whom the order is made that a longer period would be appropriate.

(7) Production orders have effect as if they were orders of the court.

(8) In this section “judge”—

(a) in England and Wales, means a circuit judge;

(b) in Northern Ireland, means a Crown Court judge.

(9) Criminal Procedure Rules may make provision about applications under this section to a circuit judge.

Requirements for making of production order

158

(1) These are the requirements for the making of a production order.

(2) There must be reasonable grounds for believing that—

(a) the offence specified in the application has been committed by the person so specified;

(b) the person is in the United Kingdom or is on his way to the United Kingdom;

(c) the offence is an extradition offence within the meaning given by section 64 (if section 157(3) applies) or section 137 (if section 157(4) applies);

(d) there is material which consists of or includes special procedure material or excluded material on premises specified in the application;

(e) the material would be likely to be admissible evidence at a trial in the relevant part of the United Kingdom for the offence specified in the application (on the assumption that conduct constituting that offence would constitute an offence in that part of the United Kingdom).

(3) The relevant part of the United Kingdom is the part of the United Kingdom where the judge exercises jurisdiction.

(4) It must appear that other methods of obtaining the material—

(a) have been tried without success, or

(b) have not been tried because they were bound to fail.

(5) It must be in the public interest that the material should be produced or that access to it should be given.

Computer information

159

(1) This section applies if any of the special procedure material or excluded material specified in an application for a production order consists of information stored in any electronic form.

(2) If the order is an order requiring a person to produce the material to a constable for him to take away, it has effect as an order to produce the material in a form—

(a) in which it can be taken away by him;

(b) in which it is visible and legible or from which it can readily be produced in a visible and legible form.

(3) If the order is an order requiring a person to give a constable access to the material, it has effect as an order to give him access to the material in a form—

(a) in which it is visible and legible, or

(b) from which it can readily be produced in a visible and legible form.

Warrants: special procedure material and excluded material

160

(1) A judge may, on an application made to him by a constable, issue a warrant under this section if he is satisfied that—

(a) the requirements for the making of a production order are fulfilled, and

(b) the further requirement for the issue of a warrant under this section is fulfilled.

(2) The application for a warrant under this section must state that—

(a) the extradition of a person specified in the application is sought under Part 1 or Part 2;

(b) the warrant is sought in relation to premises specified in the application;

(d) the material is special procedure material or excluded material.

(3) If the application states that the extradition of the person is sought under Part 1, the application must also state that the person is accused in a category 1 territory specified in the application of the commission of an offence—

(a) which is specified in the application, and

(b) which is an extradition offence within the meaning given by section 64.

(4) If the application states that the extradition of the person is sought under Part 2, the application must also state that the person is accused in a category 2 territory specified in the application of the commission of an offence—

(a) which is specified in the application, and

(b) which is an extradition offence within the meaning given by section 137.

(5) A warrant under this section authorises a constable to enter and search the premises specified in the application for the warrant and—

(a) to seize and retain any material found there which falls within subsection (6) and which is special procedure material, if the application for the warrant states that the warrant is sought in relation to special procedure material;

(b) to seize and retain any material found there which falls within subsection (6) and which is excluded material, if the application for the warrant states that the warrant is sought in relation to excluded material.

(6) Material falls within this subsection if it would be likely to be admissible evidence at a trial in the relevant part of the United Kingdom for the offence specified in the application for the warrant (on the assumption that conduct constituting that offence would constitute an offence in that part of the United Kingdom).

(7) The relevant part of the United Kingdom is the part of the United Kingdom where the judge exercises jurisdiction.

(8) The further requirement for the issue of a warrant under this section is that any of these conditions is satisfied—

(a) it is not practicable to communicate with a person entitled to grant entry to the premises;

(b) it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with a person entitled to grant access to the material referred to in section 158(2)(d);

(c) the material contains information which is subject to a restriction on disclosure or an obligation of secrecy contained in an enactment (including one passed after this Act) and is likely to be disclosed in breach of the restriction or obligation if a warrant is not issued.

(9) In this section “judge”—

(a) in England and Wales, means a circuit judge;

(b) in Northern Ireland, means a Crown Court judge.

(10) Criminal Procedure Rules may make provision about applications under this section to a circuit judge.

Search and seizure without warrant

Entry and search of premises for purposes of arrest

161

(1) This section applies if a constable has power to arrest a person under an extradition arrest power.

(2) A constable may enter and search any premises for the purpose of exercising the power of arrest if he has reasonable grounds for believing that the person is on the premises.

(3) The power to search conferred by subsection (2) is exercisable only to the extent that is reasonably required for the purpose of exercising the power of arrest.

(4) A constable who has entered premises in exercise of the power conferred by subsection (2) may seize and retain anything which is on the premises if he has reasonable grounds for believing—

(a) that it has been obtained in consequence of the commission of an offence or it is evidence in relation to an offence, and

(b) that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.

(5) An offence includes an offence committed outside the United Kingdom.

(6) If the premises contain 2 or more separate dwellings, the power conferred by subsection (2) is a power to enter and search only—

(a) any parts of the premises which the occupiers of any dwelling comprised in the premises use in common with the occupiers of any other dwelling comprised in the premises, and

(b) any dwelling comprised in the premises in which the constable has reasonable grounds for believing that the person may be.

Entry and search of premises on arrest

162

(1) This section applies if a person has been arrested under an extradition arrest power at a place other than a police station.

(2) A constable may enter and search any premises in which the person was at the time of his arrest or immediately before his arrest if he has reasonable grounds for believing—

(a) if the person has not been convicted of the relevant offence, that there is on the premises evidence (other than items subject to legal privilege) relating to the relevant offence;

(b) in any case, that there is on the premises evidence (other than items subject to legal privilege) relating to the identity of the person.

(3) The relevant offence is the offence—

(a) referred to in the Part 1 warrant, if the arrest was under a Part 1 warrant;

(b) in respect of which the constable has reasonable grounds for believing that a Part 1 warrant has been or will be issued, if the arrest was under section 5;

(d) of which the person is accused, if the arrest was under a provisional warrant or under section 74A.

(4) The power to search conferred by subsection (2)—

(a) if the person has not been convicted of the relevant offence, is a power to search for evidence (other than items subject to legal privilege) relating to the relevant offence;

(b) in any case, is a power to search for evidence (other than items subject to legal privilege) relating to the identity of the person.

(5) The power to search conferred by subsection (2) is exercisable only to the extent that it is reasonably required for the purpose of discovering evidence in respect of which the power is available by virtue of subsection (4).

(6) A constable may seize and retain anything for which he may search by virtue of subsections (4) and (5).

(7) A constable who has entered premises in exercise of the power conferred by subsection (2) may seize and retain anything which is on the premises if he has reasonable grounds for believing—

(a) that it has been obtained in consequence of the commission of an offence or it is evidence in relation to an offence, and

(b) that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.

(8) An offence includes an offence committed outside the United Kingdom.

(9) If the premises contain 2 or more separate dwellings, the power conferred by subsection (2) is a power to enter and search only—

(a) any dwelling in which the arrest took place or in which the person was immediately before his arrest, and

(b) any parts of the premises which the occupier of any such dwelling uses in common with the occupiers of any other dwelling comprised in the premises.

Search of person on arrest

163

(1) This section applies if a person has been arrested under an extradition arrest power at a place other than a police station.

(2) A constable may search the person if he has reasonable grounds for believing that the person may present a danger to himself or others.

(3) A constable may search the person if he has reasonable grounds for believing that the person may have concealed on him anything—

(a) which he might use to assist him to escape from lawful custody;

(b) which might be evidence relating to an offence or to the identity of the person.

(4) The power to search conferred by subsection (3)—

(a) is a power to search for anything falling within paragraph (a) or (b) of that subsection;

(b) is exercisable only to the extent that is reasonably required for the purpose of discovering such a thing.

(5) The powers conferred by subsections (2) and (3)—

(a) do not authorise a constable to require a person to remove any of his clothing in public, other than an outer coat, jacket or gloves;

(b) authorise a search of a person’s mouth.

(6) A constable searching a person in exercise of the power conferred by subsection (2) may seize and retain anything he finds, if he has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or to any other person.

(7) A constable searching a person in exercise of the power conferred by subsection (3) may seize and retain anything he finds if he has reasonable grounds for believing—

(a) that the person might use it to assist him to escape from lawful custody;

(b) that it is evidence of an offence or of the identity of the person or has been obtained in consequence of the commission of an offence.

(8) An offence includes an offence committed outside the United Kingdom.

(9) Nothing in this section affects the power conferred by section 43 of the Terrorism Act 2000 (c. 11).

Entry and search of premises after arrest

164

(1) This section applies if a person has been arrested under an extradition arrest power.

(2) A constable may enter and search any premises occupied or controlled by the person if the constable has reasonable grounds for suspecting—

(a) if the person has not been convicted of the relevant offence, that there is on the premises evidence (other than items subject to legal privilege) relating to the relevant offence;

(b) in any case, that there is on the premises evidence (other than items subject to legal privilege) relating to the identity of the person.

(3) The relevant offence is the offence—

(a) referred to in the Part 1 warrant, if the arrest was under a Part 1 warrant;

(b) in respect of which the constable has reasonable grounds for believing that a Part 1 warrant has been or will be issued, if the arrest was under section 5;

(d) of which the person is accused, if the arrest was under a provisional warrant or under section 74A.

(4) The power to search conferred by subsection (2)—

(a) if the person has not been convicted of the relevant offence, is a power to search for evidence (other than items subject to legal privilege) relating to the relevant offence;

(b) in any case, is a power to search for evidence (other than items subject to legal privilege) relating to the identity of the person.

(5) The power to search conferred by subsection (2) is exercisable only to the extent that it is reasonably required for the purpose of discovering evidence in respect of which the power is available by virtue of subsection (4).

(6) A constable may seize and retain anything for which he may search by virtue of subsections (4) and (5).

(7) A constable who has entered premises in exercise of the power conferred by subsection (2) may seize and retain anything which is on the premises if he has reasonable grounds for believing—

(a) that it has been obtained in consequence of the commission of an offence or it is evidence in relation to an offence, and

(b) that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.

(8) An offence includes an offence committed outside the United Kingdom.

(9) The powers conferred by subsections (2) and (6) may be exercised only if a police officer of the rank of inspector or above has given written authorisation for their exercise.

(10) But the power conferred by subsection (2) may be exercised without authorisation under subsection (9) if—

(a) it is exercised before the person arrested is taken to a police station, and

(b) the presence of the person at a place other than a police station is necessary for the effective exercise of the power to search.

(11) Subsections (9) and (10) do not apply to Scotland.

Additional seizure powers

165

(1) The Criminal Justice and Police Act 2001 (c. 16) is amended as follows.

(2) In Part 1 of Schedule 1 (powers of seizure to which section 50 of that Act applies) at the end add—

(73D) The powers of seizure conferred by sections 156(5), 160(5), 161(4), 162(6) and (7) and 164(6) and (7) of the Extradition Act 2003 (seizure in connection with extradition).

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Extradition Act 2003

Extradition following appeal

118

Undertaking in relation to person serving sentence in United Kingdom

119

Extradition following deferral for competing claim

120

Asylum claim

121

Withdrawal of extradition request

Withdrawal of request before end of extradition hearing

122

Withdrawal of request after case sent to Secretary of State

123

Withdrawal of request while appeal to High Court pending

124

Withdrawal of request while appeal to House of Lords pending

125

Competing extradition requests

Competing extradition requests

126

Consent to extradition

Consent to extradition: general

127

Consent to extradition before case sent to Secretary of State

128

Post-extradition matters

Consent to other offence being dealt with

129

Consent to further extradition to category 2 territory

130

Consent to further extradition to category 1 territory

131

Return of person to serve remainder of sentence

132

Costs

Costs where extradition ordered

133

Costs where discharge ordered

134

Costs where discharge ordered: supplementary

135

Repatriation cases

Persons serving sentences outside territory where convicted

136

Interpretation

Extradition offences: person not sentenced for offence

137

Extradition offences: person sentenced for offence

138

The appropriate judge

139

The extradition hearing

140

Scotland: references to Secretary of State

141

Part 3 — Extradition to the United Kingdom

Extradition from category 1 territories

Issue of Part 3 warrant

142

Undertaking in relation to person serving sentence

143

Return to extraditing territory to serve sentence

144

Service of sentence in territory executing Part 3 warrant

145

Dealing with person for other offences

146

Effect of consent to extradition to the United Kingdom

147

Extradition offences

148

The appropriate judge

149

Extradition from category 2 territories

Dealing with person for other offences: Commonwealth countries etc.

150

Dealing with person for other offences: other category 2 territories

151

General