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

(3) In Part 2 of Schedule 1 (powers of seizure to which section 51 of that Act applies) at the end add—

(83A) The powers of seizure conferred by section 163(6) and (7) of the Extradition Act 2003 (seizure in connection with extradition).

Treatment following arrest

Fingerprints and samples

166

(1) This section applies if a person has been arrested under an extradition arrest power and is detained at a police station.

(2) Fingerprints may be taken from the person only if they are taken by a constable—

(a) with the appropriate consent given in writing, or

(b) without that consent, under subsection (4).

(3) A non-intimate sample may be taken from the person only if it is taken by a constable—

(a) with the appropriate consent given in writing, or

(b) without that consent, under subsection (4).

(4) Fingerprints or a non-intimate sample may be taken from the person without the appropriate consent only if a police officer of at least the rank of inspector authorises the fingerprints or sample to be taken.

Searches and examination

167

(1) This section applies if a person has been arrested under an extradition arrest power and is detained at a police station.

(2) If a police officer of at least the rank of inspector authorises it, the person may be searched or examined, or both, for the purpose of facilitating the ascertainment of his identity.

(3) An identifying mark found on a search or examination under this section may be photographed—

(a) with the appropriate consent, or

(b) without the appropriate consent, if that consent is withheld or it is not practicable to obtain it.

(4) The only persons entitled to carry out a search or examination, or take a photograph, under this section are—

(a) constables;

(b) persons designated for the purposes of this section by the appropriate police officer.

(5) A person may not under this section—

(a) carry out a search or examination of a person of the opposite sex;

(b) take a photograph of any part of the body (other than the face) of a person of the opposite sex.

(6) An intimate search may not be carried out under this section.

(7) Ascertaining a person’s identity includes showing that he is not a particular person.

(8) Taking a photograph includes using a process by means of which a visual image may be produced; and photographing a person must be construed accordingly.

(9) Mark includes features and injuries and a mark is an identifying mark if its existence in a person’s case facilitates the ascertainment of his identity.

(10) The appropriate police officer is—

(a) in England and Wales, the chief officer of police for the police area in which the police station in question is situated;

(b) in Northern Ireland, the Chief Constable of the Police Service of Northern Ireland.

Photographs

168

(1) This section applies if a person has been arrested under an extradition arrest power and is detained at a police station.

(2) The person may be photographed—

(a) with the appropriate consent, or

(b) without the appropriate consent, if that consent is withheld or it is not practicable to obtain it.

(3) A person proposing to take a photograph of a person under this section—

(a) may for the purpose of doing so require the removal of any item or substance worn on or over the whole or any part of the head or face of the person to be photographed, and

(b) if the requirement is not complied with may remove the item or substance himself.

(4) The only persons entitled to take a photograph under this section are—

(a) constables;

(b) persons designated for the purposes of this section by the appropriate police officer.

(5) Taking a photograph includes using a process by means of which a visual image may be produced; and photographing a person must be construed accordingly.

(6) The appropriate police officer is—

(a) in England and Wales, the chief officer of police for the police area in which the police station in question is situated;

(b) in Northern Ireland, the Chief Constable of the Police Service of Northern Ireland.

Evidence of identity: England and Wales

169

(1) The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.

(2) In section 54A (searches and examination to ascertain identity) at the end insert—

(13) Nothing in this section applies to a person arrested under an extradition arrest power.

(3) In section 61 (fingerprinting) at the end insert—

(10) Nothing in this section applies to a person arrested under an extradition arrest power.

(4) In section 63 (non-intimate samples) at the end insert—

(11) Nothing in this section applies to a person arrested under an extradition arrest power.

(5) In section 64A (photographing of suspects etc.) at the end insert—

(7) Nothing in this section applies to a person arrested under an extradition arrest power.

(6) In section 65 (interpretation of Part 5) after the definition of “appropriate consent ” insert—

“extradition arrest power” means any of the following— (a) a Part 1 warrant (within the meaning given by the Extradition Act 2003) in respect of which a certificate under section 2 of that Act has been issued; (b) section 5 of that Act; (c) a warrant issued under section 71 of that Act; (d) a provisional warrant (within the meaning given by that Act).

Evidence of identity: Northern Ireland

170

(1) The Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/ 1341 (N.I. 12)) is amended as follows.

(2) In Article 55A (searches and examination to ascertain identity) at the end insert—

(13) Nothing in this Article applies to a person arrested under an extradition arrest power.

(3) In Article 61 (fingerprinting) at the end insert—

(10) Nothing in this Article applies to a person arrested under an extradition arrest power.

(4) In Article 63 (non-intimate samples) at the end insert—

(12) Nothing in this Article applies to a person arrested under an extradition arrest power.

(5) In Article 64A (photographing of suspects etc.) at the end insert—

(7) Nothing in this Article applies to a person arrested under an extradition arrest power.

(6) In Article 53 (interpretation) after the definition of “drug trafficking” and “drug trafficking offence” insert—

“extradition arrest power” means any of the following— (a) a Part 1 warrant (within the meaning given by the Extradition Act 2003) in respect of which a certificate under section 2 of that Act has been issued; (b) section 5 of that Act; (c) a warrant issued under section 71 of that Act; (d) a provisional warrant (within the meaning given by that Act).

Other treatment and rights

171

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

(a) is arrested under an extradition arrest power at a police station;

(b) is taken to a police station after being arrested elsewhere under an extradition arrest power;

(2) In relation to those cases the Secretary of State may by order apply the provisions mentioned in subsections (3) and (4) with specified modifications.

(3) The provisions are these provisions of the Police and Criminal Evidence Act 1984 (c. 60)—

(a) section 54 (searches of detained persons);

(b) section 55 (intimate searches);

(d) section 58 (access to legal advice).

(4) The provisions are these provisions of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))—

(a) Article 55 (searches of detained persons);

(b) Article 56 (intimate searches);

(d) Article 59 (access to legal advice).

Delivery of seized property

172

(1) This section applies to—

(a) anything which has been seized or produced under this Part, or

(b) anything which has been seized under section 50 or 51 of the Criminal Justice and Police Act 2001 (c. 16) in reliance on a power of seizure conferred by this Part.

(2) A constable may deliver any such thing to a person who is or is acting on behalf of an authority if the constable has reasonable grounds for believing that the authority—

(a) is an authority of the relevant territory, and

(b) has functions such that it is appropriate for the thing to be delivered to it.

(3) If the relevant seizure power was a warrant issued under this Part, or the thing was produced under an order made under this Part, the relevant territory is the category 1 or category 2 territory specified in the application for the warrant or order.

(4) If the relevant seizure power was section 161(4), 162(6) or (7), 163(6) or (7) or 164(6) or (7), the relevant territory is—

(a) the territory in which the Part 1 warrant was issued, in a case where the applicable extradition arrest power is a Part 1 warrant in respect of which a certificate under section 2 has been issued;

(b) the territory in which a constable has reasonable grounds for believing that a Part 1 warrant has been or will be issued, in a case where the applicable extradition arrest power is section 5;

(c) the territory to which a person’s extradition is requested, in a case where the applicable extradition arrest power is a warrant issued under section 71;

(d) the territory in which a person is accused of the commission of an offence or has been convicted of an offence, in a case where the applicable extradition arrest power is a provisional warrant or section 74A.

(5) The applicable extradition arrest power is—

(a) the extradition arrest power under which a constable had a power of arrest, if the relevant seizure power was section 161(4);

(b) the extradition arrest power under which a person was arrested, if the relevant seizure power was section 162(6) or (7), 163(6) or (7) or 164(6) or (7).

(6) The relevant seizure power is—

(a) the power under which the thing was seized, or

(b) the power in reliance on which the thing was seized under section 50 or 51 of the Criminal Justice and Police Act 2001 (c. 16).

(7) Subsection (1)(a) applies to Scotland with the insertion after “Part” of “ (so far as it applies to Scotland) or for the purposes of this Act (as it so applies) by virtue of any enactment or rule of law ”.

(8) Subsection (2) applies to Scotland with the substitution of “ procurator fiscal ” for “constable”.

(9) In subsection (7) “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

Codes of practice

173

(1) The Secretary of State must issue codes of practice in connection with—

(a) the exercise of the powers conferred by this Part;

(b) the retention, use and return of anything seized or produced under this Part;

(d) the retention, use, disclosure and destruction of fingerprints, a sample or a photograph taken under this Part.

(2) If the Secretary of State proposes to issue a code of practice under this section he must—

(a) publish a draft of the code;

(b) consider any representations made to him about the draft;

(3) The Secretary of State must lay the code before Parliament.

(4) When he has done so he may bring the code into operation by order.

(5) The Secretary of State may revise the whole or any part of a code issued under this section and issue the code as revised; and subsections (2) to (4) apply to such a revised code as they apply to the original code.

(6) A failure by a constable to comply with a provision of a code issued under this section does not of itself make him liable to criminal or civil proceedings.

(7) A code issued under this section is admissible in evidence in proceedings under this Act and must be taken into account by a judge or court in determining any question to which it appears to the judge or the court to be relevant.

(8) If the Secretary of State publishes a draft code of practice in connection with a matter specified in subsection (1) before the date on which this section comes into force—

(a) the draft is as effective as one published under subsection (2) on or after that date;

(b) representations made to the Secretary of State about the draft before that date are as effective as representations made to him about it after that date;

(c) modifications made by the Secretary of State to the draft in the light of any such representations before that date are as effective as any such modifications made by him on or after that date.

General

Interpretation

174

(1) Subsections (2) to (8) apply for the purposes of this Part.

(2) Each of these is an extradition arrest power—

(a) a Part 1 warrant in respect of which a certificate under section 2 has been issued;

(b) section 5;

(d) a provisional warrant;

(e) section 74A.

(3) “Excluded material”—

(a) in England and Wales, has the meaning given by section 11 of the 1984 Act;

(b) in Northern Ireland, has the meaning given by Article 13 of the 1989 Order.

(4) “Items subject to legal privilege”—

(a) in England and Wales, has the meaning given by section 10 of the 1984 Act;

(b) in Scotland, has the meaning given by section 412 of the 2002 Act;

(5) “Premises”—

(a) in England and Wales, has the meaning given by section 23 of the 1984 Act;

(b) in Scotland, has the meaning given by section 412 of the 2002 Act;

(6) “Special procedure material”—

(a) in England and Wales, has the meaning given by section 14 of the 1984 Act;

(b) in Northern Ireland, has the meaning given by Article 16 of the 1989 Order.

(7) The expressions in subsection (8) have the meanings given—

(a) in England and Wales, by section 65 of the 1984 Act;

(b) in Northern Ireland, by Article 53 of the 1989 Order.

(8) The expressions are—

(a) appropriate consent;

(b) fingerprints;

(d) non-intimate sample.

(9) The 1984 Act is the Police and Criminal Evidence Act 1984 (c. 60).

(10) The 1989 Order is the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).

(11) The 2002 Act is the Proceeds of Crime Act 2002 (c. 29).

Customs officers

175

The Treasury may by order provide for any provision of this Part which applies in relation to police officers or persons arrested by police officers to apply with specified modifications in relation to customs officers or persons arrested by customs officers.

Service policemen

176

The Secretary of State may by order provide for any provision of this Part which applies in relation to police officers or persons arrested by police officers to apply with specified modifications in relation to service policemen or persons arrested by service policemen.

Part 5 — Miscellaneous and general

British overseas territories

Extradition from British overseas territories

177

(1) This section applies in relation to extradition—

(a) from a British overseas territory to a category 1 territory;

(b) from a British overseas territory to the United Kingdom;

(d) from a British overseas territory to any of the Channel Islands or the Isle of Man.

(2) An Order in Council may provide for any provision of this Act applicable to extradition from the United Kingdom to apply to extradition in a case falling within subsection (1)(a) or (b).

(3) An Order in Council may provide for any provision of this Act applicable to extradition from the United Kingdom to a category 2 territory to apply to extradition in a case falling within subsection (1)(c) or (d).

(4) An Order in Council under this section may provide that the provision applied has effect with specified modifications.

Extradition to British overseas territories

178

(1) This section applies in relation to extradition—

(a) to a British overseas territory from a category 1 territory;

(b) to a British overseas territory from the United Kingdom;

(d) to a British overseas territory from any of the Channel Islands or the Isle of Man.

(2) An Order in Council may provide for any provision of this Act applicable to extradition to the United Kingdom to apply to extradition in a case falling within subsection (1)(a) or (b).

(3) An Order in Council may provide for any provision of this Act applicable to extradition to the United Kingdom from a category 2 territory to apply to extradition in a case falling within subsection (1)(c) or (d).

(4) An Order in Council under this section may provide that the provision applied has effect with specified modifications.

Competing extradition claims

Competing claims to extradition

179

(1) This section applies if at the same time—

(a) there is a Part 1 warrant in respect of a person, a certificate has been issued under section 2 in respect of the warrant, and the person has not been extradited in pursuance of the warrant or discharged, and

(b) there is a request for the same person’s extradition, a certificate has been issued under section 70 in respect of the request, and the person has not been extradited in pursuance of the request or discharged.

(2) The Secretary of State may—

(a) order proceedings (or further proceedings) on one of them (the warrant or the request) to be deferred until the other one has been disposed of, if neither the warrant nor the request has been disposed of;

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

(c) order the person’s extradition in pursuance of the request to be deferred until the warrant has been disposed of, if an order for his extradition in pursuance of the request 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.

(4) If both the certificates referred to in subsection (1) are issued in Scotland, the preceding provisions of this section apply as if the references to the Secretary of State were to the Scottish Ministers.

(5) For the purposes of this section a person is alleged to be unlawfully at large after conviction of an offence if—

(a) he is alleged to have been convicted of it, and

(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.

Proceedings on deferred warrant or request

180

(1) This section applies if—

(a) an order is made under this Act deferring proceedings on an extradition claim in respect of a person (the deferred claim) until another extradition claim in respect of the person has been disposed of, and

(b) the other extradition claim is disposed of in the person's favour.

(2) The judge may make an order for proceedings on the deferred claim to be resumed.

(3) No order under subsection (2) may be made after the end of the required period.

(4) If the person applies to the appropriate judge to be discharged, the judge may order his discharge.

(5) If the person applies to the appropriate judge to be discharged, the judge must order his discharge if—

(a) the required period has ended, and

(b) the judge has not made an order under subsection (2) or ordered the person’s discharge.

(6) The required period is 21 days starting with the day on which the other extradition claim is disposed of.

(7) If the proceedings on the deferred claim were under Part 1, section 67 applies for determining the appropriate judge.

(8) If the proceedings on the deferred claim were under Part 2, section 139 applies for determining the appropriate judge.

(9) An extradition claim is made in respect of a person if—

(a) a Part 1 warrant is issued in respect of him;

(b) a request for his extradition is made.

(10) An extradition claim made in respect of a person is disposed of in the person's favour if—

(a) in the case of a Part 1 warrant, the warrant is disposed of as mentioned in subsection (1)(a) or (b) of section 213;

(b) in the case of a request for extradition, the request is disposed of as mentioned in subsection (2)(a) or (b) of that section.

Proceedings where extradition deferred

181

(1) This section applies if—

(a) an order is made under this Act deferring a person’s extradition in pursuance of an extradition claim (the deferred claim) until another extradition claim in respect of him has been disposed of;

(b) the other extradition claim is disposed of in the person's favour.

(2) The judge may make an order for the person’s extradition in pursuance of the deferred claim to cease to be deferred.

(3) No order under subsection (2) may be made after the end of the required period.

(4) If the person applies to the appropriate judge to be discharged, the judge may order his discharge.

(5) If the person applies to the appropriate judge to be discharged, the judge must order his discharge if—

(a) the required period has ended, and

(b) the judge has not made an order under subsection (2) or ordered the person’s discharge.

(6) The required period is 21 days starting with the day on which the other extradition claim is disposed of.

(7) If the person’s extradition in pursuance of the deferred claim was ordered under Part 1, section 67 applies for determining the appropriate judge.

(8) If the person’s extradition in pursuance of the deferred claim was ordered under Part 2, section 139 applies for determining the appropriate judge.

(9) An extradition claim is made in respect of a person if—

(a) a Part 1 warrant is issued in respect of him;

(b) a request for his extradition is made.

(10) An extradition claim made in respect of a person is disposed of in the person's favour if—

(a) in the case of a Part 1 warrant, the warrant is disposed of as mentioned in subsection (1)(a) or (b) of section 213;

(b) in the case of a request for extradition, the request is disposed of as mentioned in subsection (2)(a) or (b) of that section.

Legal aid

Legal advice, assistance and representation: England and Wales

182

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Legal aid: Scotland

183

The provisions of the Legal Aid (Scotland) Act 1986 (c. 47) apply—

(a) in relation to proceedings in Scotland before the appropriate judge under Part 1, 2 or 5 of this Act as those provisions apply in relation to summary proceedings;

(b) in relation to any proceedings on appeal arising out of such proceedings before the appropriate judge as those provisions apply in relation to appeals in summary proceedings.

Grant of free legal aid: Northern Ireland

184

(1) The appropriate judge may grant free legal aid to a person in connection with proceedings under Part 1 or Part 2 before the judge or the High Court.

(2) A judge of the High Court may grant free legal aid to a person in connection with proceedings under Part 1 or Part 2 before the High Court or the Supreme Court.

(3) If the appropriate judge refuses to grant free legal aid under subsection (1) in connection with proceedings before the High Court the person may appeal to the High Court against the judge’s decision.

(4) A judge of the High Court may grant free legal aid to a person in connection with proceedings on an appeal under subsection (3).

(5) Free legal aid may be granted to a person under subsection (1), (2) or (4) only if it appears to the judge that—

(a) the person’s means are insufficient to enable him to obtain legal aid, and

(b) it is desirable in the interests of justice that the person should be granted free legal aid.

(6) On an appeal under subsection (3) the High Court may—

(a) allow the appeal;

(b) dismiss the appeal.

(7) The High Court may allow an appeal under subsection (3) only if it appears to the High Court that—

(a) the person’s means are insufficient to enable him to obtain legal aid, and

(b) it is desirable in the interests of justice that the person should be granted free legal aid.

(8) If the High Court allows an appeal under subsection (3) it must grant free legal aid to the person in connection with the proceedings under Part 1 or Part 2 before it.

(9) If on a question of granting free legal aid under this section or of allowing an appeal under subsection (3) there is a doubt as to whether—

(a) the person’s means are insufficient to enable him to obtain legal aid, or

(b) it is desirable in the interests of justice that the person should be granted free legal aid,

the doubt must be resolved in favour of granting him free legal aid.

(10) References in this section to granting free legal aid to a person are to assigning to him—

(a) a solicitor and counsel, or

(b) a solicitor only, or

Free legal aid: supplementary

185

(1) The provisions of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8)) listed in subsection (2) apply in relation to free legal aid under section 184 in connection with proceedings before the appropriate judge or the High Court as they apply in relation to free legal aid under Part III of the Order.

(2) The provisions are—

(a) Article 32 (statements of means);

(b) Article 36(1) (payment of legal aid);

(d) Article 36A (solicitors excluded from legal aid work);

(e) Article 37 (remuneration of solicitors and counsel);

(f) Article 40 (stamp duty exemption).

(3) As so applied those Articles have effect as if—

(a) a person granted free legal aid under section 184 had been granted a criminal aid certificate under Part III of the Order;

(b) section 184 were contained in Part III of the Order.

(4) The fees of any counsel, and the expenses and fees of any solicitor, assigned to a person under section 184 in connection with proceedings before the Supreme Court must be paid by the Department of Justice in Northern Ireland.

(5) The fees and expenses paid under subsection (4) must not exceed the amount allowed by the Supreme Court or under Supreme Court Rules.

(6) For the purposes of section 184 and this section the appropriate judge is—

(a) such county court judge or resident magistrate as is designated for the purposes of Part 1 under section 67, if the proceedings are under Part 1;

(b) such county court judge or resident magistrate as is designated for the purposes of Part 2 under section 139, if the proceedings are under Part 2.

Re-extradition

Re-extradition: preliminary

186

(1) Section 187 applies in relation to a person if the conditions in subsections (2) to (6) are satisfied.

(2) The first condition is that the person was extradited to a territory in accordance with Part 1 or Part 2.

(3) The second condition is that the person was serving a sentence of imprisonment or another form of detention in the United Kingdom (the UK sentence) before he was extradited.

(4) The third condition is that—

(a) if the person was extradited in accordance with Part 1, the Part 1 warrant in pursuance of which he was extradited contained a statement that it was issued with a view to his extradition for the purpose of being prosecuted for an offence;

(b) if the person was extradited in accordance with Part 2, the request in pursuance of which the person was extradited contained a statement that the person was accused of the commission of an offence.

(5) The fourth condition is that a certificate issued by a judicial authority of the territory shows that—

(a) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment (the overseas sentence) was imposed on the person in the territory;

(b) the overseas sentence was imposed on him in respect of—

(i) the offence specified in the warrant or request, or

(ii) any other offence committed before his extradition in respect of which he was permitted to be dealt with in the territory.

(6) The fifth condition is that before serving the overseas sentence the person was returned to the United Kingdom to serve the remainder of the UK sentence.

Re-extradition hearing

187

(1) If this section applies in relation to a person, as soon as practicable after the relevant time the person must be brought before the appropriate judge for the judge to decide whether the person is to be extradited again to the territory in which the overseas sentence was imposed.

(2) The relevant time is the time at which the person would otherwise be released from detention pursuant to the UK sentence (whether or not on licence).

(3) If subsection (1) is not complied with and the person applies to the judge to be discharged, the judge must order his discharge.

(4) The person must be treated as continuing in legal custody until he is brought before the appropriate judge under subsection (1) or he is discharged under subsection (3).

(5) If the person is brought before the appropriate judge under subsection (1) the judge must decide whether the territory in which the overseas sentence was imposed is—

(a) a category 1 territory;

(b) a category 2 territory;

(6) If the judge decides that the territory is a category 1 territory, section 188 applies.

(7) If the judge decides that the territory is a category 2 territory, section 189 applies.

(8) If the judge decides that the territory is neither a category 1 territory nor a category 2 territory, he must order the person’s discharge.

(9) A person’s discharge as a result of this section or section 188 or 189 does not affect any conditions on which he is released from detention pursuant to the UK sentence.

(10) Section 139 applies for the purposes of this section as it applies for the purposes of Part 2.

Re-extradition to category 1 territories

188

(1) If this section applies, this Act applies as it would if—

(a) a Part 1 warrant had been issued in respect of the person;

(b) the warrant contained a statement that—

(i) the person had been convicted of the relevant offence, and

(ii) the warrant was issued with a view to the person’s arrest and extradition to the territory for the purpose of serving a sentence imposed in respect of the relevant offence;

(c) the warrant were issued by the authority of the territory which issued the certificate referred to in section 186(5);

(d) the relevant offence were specified in the warrant;

(e) the judge were the appropriate judge for the purposes of Part 1;

(f) the hearing at which the judge is to make the decision referred to in section 187(1) were the extradition hearing;

(g) the proceedings before the judge were under Part 1.

(2) As applied by subsection (1) this Act has effect with the modifications set out in Part 1 of Schedule 1.

(3) The relevant offence is the offence in respect of which the overseas sentence is imposed.

Re-extradition to category 2 territories

189

(1) If this section applies, this Act applies as it would if—

(a) a valid request for the person’s extradition to the territory had been made;

(b) the request contained a statement that the person had been convicted of the relevant offence;

(d) the hearing at which the appropriate judge is to make the decision referred to in section 187(1) were the extradition hearing;

(e) the proceedings before the judge were under Part 2.

(2) As applied by subsection (1) this Act has effect with the modifications set out in Part 2 of Schedule 1.

(3) The relevant offence is the offence in respect of which the overseas sentence is imposed.

Conduct of extradition proceedings

Crown Prosecution Service: role in extradition proceedings

190

(1) The Prosecution of Offences Act 1985 (c. 23) is amended as follows.

(2) In section 3 (functions of the Director) in subsection (2) after paragraph (e) insert—

(ea) to have the conduct of any extradition proceedings; (eb) to give, to such extent as he considers appropriate, and to such persons as he considers appropriate, advice on any matters relating to extradition proceedings or proposed extradition proceedings;

(3) In section 3 after subsection (2) insert—

(2A) Subsection (2)(ea) above does not require the Director to have the conduct of any extradition proceedings in respect of a person if he has received a request not to do so and— (a) in a case where the proceedings are under Part 1 of the Extradition Act 2003, the request is made by the authority which issued the Part 1 warrant in respect of the person; (b) in a case where the proceedings are under Part 2 of that Act, the request is made on behalf of the territory to which the person’s extradition has been requested.

(4) In section 5(1) (conduct of prosecutions on behalf of Crown Prosecution Service) after “criminal proceedings” insert “ or extradition proceedings ”.

(5) In section 14 (control of fees and expenses etc paid by the Service) in subsection (1)(a) after “criminal proceedings” insert “ or extradition proceedings ”.

(6) In section 15(1) (interpretation of Part 1) in the appropriate place insert—

“extradition proceedings” means proceedings under the Extradition Act 2003;

Lord Advocate: role in extradition proceedings

191

(1) The Lord Advocate must—

(a) conduct any extradition proceedings in Scotland;

(b) give, to such extent as he considers appropriate, and to such persons as he considers appropriate, advice on any matters relating to extradition proceedings or proposed extradition proceedings, in Scotland.

(2) Subsection (1)(a) does not require the Lord Advocate to conduct any extradition proceedings in respect of a person if he has received a request not to do so and—

(a) in a case where the proceedings are under Part 1, the request is made by the authority which issued the Part 1 warrant in respect of the person;

(b) in a case where the proceedings are under Part 2, the request is made on behalf of the territory to which the person’s extradition has been requested.

Northern Ireland DPP and Crown Solicitor: role in extradition proceedings

192

(1) The Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I. 1)) is amended as set out in subsections (2) to (4).

(2) In article 2(2) (interpretation) in the appropriate place insert—

“extradition proceedings” means proceedings under the Extradition Act 2003;

(3) In article 4(7) (conduct of prosecutions on behalf of DPP) after “prosecution” insert “ or extradition proceedings ”.

(4) In article 5 (functions of DPP) after paragraph (1) insert—

(1A) The Director may— (a) have the conduct of any extradition proceedings in Northern Ireland; (b) give to such persons as appear to him appropriate such advice as appears to him appropriate on matters relating to extradition proceedings, or proposed extradition proceedings, in Northern Ireland.

(5) The Justice (Northern Ireland) Act 2002 (c. 26) is amended as set out in subsections (6) to (8).

(6) After section 31 insert—

(31A) (1) The Director may have the conduct of any extradition proceedings in Northern Ireland. (2) The Director may give to such persons as appear to him appropriate such advice as appears to him appropriate on matters relating to extradition proceedings, or proposed extradition proceedings, in Northern Ireland.

(7) In section 36(2) (conduct of criminal proceedings on behalf of DPP) after “criminal proceedings” insert “ or extradition proceedings ”.

(8) In section 44 (interpretation) after subsection (6) insert—

(7) For the purposes of this Part “extradition proceedings” means proceedings under the Extradition Act 2003.

(9) The Crown Solicitor for Northern Ireland may—

(a) have the conduct of any proceedings under this Act in Northern Ireland;

(b) give to such persons as appear to him appropriate such advice as appears to him appropriate on matters relating to proceedings under this Act, or proposed proceedings under this Act, in Northern Ireland.

Parties to international Conventions

193

(1) The Secretary of State may by order—

(a) designate an international Convention to which the United Kingdom is a party, and

(b) specify conduct to which the Convention applies.

(2) If the Secretary of State believes, in respect of a request for a person's extradition, that—

(a) the request is for extradition to a territory that is a party to a Convention designated under subsection (1)(a),

(b) the territory is not a category 1 territory or a category 2 territory, and

the Secretary of State may certify that the conditions in paragraphs (a) to (c) are satisfied in relation to the extradition of the person.

(3) If the Secretary of State issues a certificate under subsection (2) this Act applies in respect of the person's extradition to the territory as if the territory were a category 2 territory.

(4) As applied by subsection (3), this Act has effect as if—

(a) sections 71(4), 73(5), 74(11)(b) , 74A to 74E, 84(7), 86(7), 137 and 138 were omitted;

(b) the conduct that constituted an extradition offence for the purposes of Part 2 were the conduct specified under subsection (1)(b).

(5) A certificate under subsection (3) in relation to a person is conclusive evidence that the conditions in paragraphs (a) to (c) of subsection (2) are satisfied in relation to the person's extradition.

Special extradition arrangements

194

(1) This section applies if the Secretary of State believes that—

(a) arrangements have been made between the United Kingdom and another territory for the extradition of a person to the territory, and

(b) the territory is not a category 1 territory or a category 2 territory.

(2) The Secretary of State may certify that the conditions in paragraphs (a) and (b) of subsection (1) are satisfied in relation to the extradition of the person.

(3) If the Secretary of State issues a certificate under subsection (2) this Act applies in respect of the person’s extradition to the territory as if the territory were a category 2 territory.

(4) As applied by subsection (3), this Act has effect—

(a) as if sections 71(4), 73(5), 74(11)(b) , 74A to 74E, 84(7) and 86(7) were omitted;

(b) with any other modifications specified in the certificate.

(5) A certificate under subsection (2) in relation to a person is conclusive evidence that the conditions in paragraphs (a) and (b) of subsection (1) are satisfied in relation to the person’s extradition.

Human rights

Human rights: appropriate tribunal

195

(1) The appropriate judge is the only appropriate tribunal in relation to proceedings under section 7(1)(a) of the Human Rights Act 1998 (c. 42) (proceedings for acts incompatible with Convention rights) if the proceedings relate to extradition under Part 1 or Part 2 of this Act.

(2) If the proceedings relate to extradition under Part 1, section 67 applies for determining the appropriate judge.

(3) If the proceedings relate to extradition under Part 2, section 139 applies for determining the appropriate judge.

Genocide etc

Genocide, crimes against humanity and war crimes

196

(1) This section applies if—

(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—

(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 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);

(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 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);

(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 in the place where he is alleged to have committed the act of which he is accused or of which he has been convicted.

Custody and bail

Custody

197

(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 charged with an offence before the judge.This is subject to the power to order the temporary transfer of a person under section 21B.

(2) If a person in custody following his arrest under Part 1 or Part 2 , or kept in custody by virtue of a power under Part 3, 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.

(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 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;

(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—

(a) to receive him;

(b) to keep him in custody until he is extradited under this Act;

(6A) An order for a person's temporary transfer under section 21B is sufficient authority for an appropriate person—

(a) to receive him;

(b) to keep him in custody until he is transferred in accordance with the order;

(d) on his return from that territory, to keep him in custody until he is brought back to the institution to which he was committed.

(7) An appropriate person is—

(a) a person to whom the order is directed;

(b) a constable.

Bail: England and Wales

198

(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) 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 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 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— (a) he appears or is brought before a court in the course of or in connection with extradition proceedings in respect of the offence, or (b) 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.

(6) In section 5B (reconsideration of decisions granting bail) for subsection (1) substitute—

(A1) This section applies in any of these cases— (a) 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; (b) a constable has granted bail in criminal proceedings in connection with proceedings for such an offence; (c) a magistrates' court or a constable has granted bail in connection with extradition proceedings. (1) The court or the appropriate court in relation to the constable may, on application by the prosecutor for the decision to be reconsidered— (a) vary the conditions of bail, (b) impose conditions in respect of bail which has been granted unconditionally, or (c) withhold bail.

(7) In section 7 (liability to arrest for absconding or breaking conditions of bail) after subsection (1) insert—

(1A) Subsection (1B) applies if— (a) a person has been released on bail in connection with extradition proceedings, (b) the person is under a duty to surrender into the custody of a constable, and (c) the person fails to surrender to custody at the time appointed for him to do so. (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 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 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.

(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— (a) the offence or one of the offences of which he is accused or convicted in the proceedings is punishable with imprisonment, or (b) 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— (a) 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 (b) 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 extradition proceedings ”.

Bail: Scotland

199

After section 24 of the Criminal Procedure (Scotland) Act 1995 (c. 46) (bail and bail conditions) insert—

(24A) (1) In the application of the provisions of this Part by virtue of section 9(2) or 77(2) of the Extradition Act 2003 (judge’s powers at extradition hearing), those provisions apply with the modifications that— (a) references to the prosecutor are to be read as references to a person acting on behalf of the territory to which extradition is sought; (b) 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; (c) the following do not apply— (i) paragraph (b) of section 24(3); and (ii) subsection (3) of section 30; and (d) sections 28(1) and 33 apply to a person subject to extradition proceedings as they apply to an accused. (2) 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 Part as the Part applies by virtue of the sections of that Act of 2003 mentioned in subsection (1) above. (3) The Scottish Ministers may, by order, for the purposes of section 9(2) or 77(2) of the Extradition Act 2003 make such amendments to this Part as they consider necessary or expedient. (4) The order making power in subsection (3) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.

Appeal against grant of bail

200

(1) Section 1 of the Bail (Amendment) Act 1993 (c. 26) (prosecution right of appeal 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.

(3) In subsection (3) for “Such an appeal” substitute “ An appeal under subsection (1) or (1A) ”.

(4) In subsection (4)—

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

(b) for “magistrates' court” substitute “ court which has granted bail ”;

(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 ”.

(7) In subsection (8)—

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

(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 custody are ”.

(9) After subsection (11) insert—

(12) In this section— “extradition proceedings” means proceedings under the Extradition Act 2003; “magistrates' court” and “court” in relation to extradition proceedings means a District Judge (Magistrates' Courts) designated for the purposes of Part 1 or Part 2 of the Extradition Act 2003 by the Lord Chancellor; “prosecution” in relation to extradition proceedings means the person acting on behalf of the territory to which extradition is sought.

Remand to local authority accommodation

201

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

Evidence

Receivable documents

202

(1) A Part 1 warrant may be received in evidence in proceedings under this Act.

(2) Any other document issued in a category 1 territory may be received in evidence in proceedings under this Act if it is duly authenticated.

(3) A document issued in a category 2 territory may be received in evidence in proceedings under this Act if it is duly authenticated.

(4) A document issued in a category 1 or category 2 territory is duly authenticated if (and only if) one of these applies—

(a) it purports to be signed by a judge, magistrate or officer of the territory;

(aa) it purports to be certified, whether by seal or otherwise, by the Ministry or Department of the territory responsible for justice or for foreign affairs;

(b) it purports to be authenticated by the oath or affirmation of a witness.

(5) Subsections (2) and (3) do not prevent a document that is not duly authenticated from being received in evidence in proceedings under this Act.

Documents sent by facsimile

203

(1) This section applies if a document to be sent in connection with proceedings under this Act is sent by facsimile transmission.

(2) This Act has effect as if the document received by facsimile transmission were the document used to make the transmission.

Part 1 warrant: transmission by other electronic means

204

(1) This section applies if—

(a) an arrest warrant is issued by an authority of a category 1 territory ...,

(b) the information contained in the warrant is transmitted to the designated authority by electronic means, and

(c) that information is received by the designated authority in a form in which it is intelligible and which is capable of being used for subsequent reference.

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

(3) The reference in section 2(2) to an arrest warrant issued by a judicial authority of a category 1 territory is to be read as if it were a reference to the information received by the designated authority.

(4) The references in section 63(1) to an arrest warrant are to be read as if they were references to the information received by the designated authority.

(5) For the purposes of subsection (1) —

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

(b) information contained in the warrant is treated as being received by the designated authority in a form in which it is intelligible if the authority receives—

(i) a summary of that information in English, and

(ii) the text of the warrant itself,

in a form in which it is legible.

(6) For the purposes of this section—

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

(b) references to information being transmitted by electronic means do not include facsimile transmission, ...

Written statements and admissions

205

(1) The provisions mentioned in subsection (2) apply in relation to proceedings under this Act as they apply in relation to proceedings for an offence.

(2) The provisions are—

(a) section 9 of the Criminal Justice Act 1967 (c. 80) (proof by written statement in criminal proceedings);

(b) section 10 of the Criminal Justice Act 1967 (proof by formal admission in criminal proceedings);

(c) section 1 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (c. 28) (proof by written statement in criminal proceedings);

(d) section 2 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (proof by formal admission in criminal proceedings).

(3) As applied by subsection (1) in relation to proceedings under this Act, section 10 of the Criminal Justice Act 1967 and section 2 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 have effect as if—

(a) references to the defendant were to the person whose extradition is sought (or who has been extradited);

(b) references to the prosecutor were to the category 1 or category 2 territory concerned;

(d) references to subsequent criminal proceedings were to subsequent proceedings under this Act.

Burden and standard of proof

206

(1) This section applies if, in proceedings under this Act, a question arises as to burden or standard of proof.

(2) The question must be decided by applying any enactment or rule of law that would apply if the proceedings were proceedings for an offence.

(3) Any enactment or rule of law applied under subsection (2) to proceedings under this Act must be applied as if—

(a) the person whose extradition is sought (or who has been extradited) were accused of an offence;

(b) the category 1 or category 2 territory concerned were the prosecution.

(4) Subsections (2) and (3) are subject to any express provision of this Act.

(5) In this section “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

Other miscellaneous provisions

Extradition for more than one offence

207

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.

National security

208

(1) This section applies if the Secretary of State believes that the conditions in subsections (2) to (4) are satisfied in relation to a person.

(2) The first condition is that the person’s extradition is sought or will be sought under Part 1 or Part 2 in respect of an offence.

(3) The second condition is that—

(a) in engaging in the conduct constituting (or alleged to constitute) the offence the person was acting for the purpose of assisting in the exercise of a function conferred or imposed by or under an enactment, or

(b) as a result of an authorisation given by the Secretary of State the person is not liable under the criminal law of any part of the United Kingdom for the conduct constituting (or alleged to constitute) the offence.

(4) The third condition is that the person’s extradition in respect of the offence would be against the interests of national security.

(5) The Secretary of State may certify that the conditions in subsections (2) to (4) are satisfied in relation to the person.

(6) If the Secretary of State issues a certificate under subsection (5) he may—

(a) direct that a Part 1 warrant issued in respect of the person and in respect of the offence is not to be proceeded with, or

(b) direct that a request for the person’s extradition in respect of the offence is not to be proceeded with.

(7) If the Secretary of State issues a certificate under subsection (5) he may order the person’s discharge (instead of or in addition to giving a direction under subsection (6)).

(8) These rules apply if the Secretary of State gives a direction under subsection (6)(a) in respect of a warrant—

(a) if the designated authority has not issued a certificate under section 2 in respect of the warrant it must not do so;

(b) if the person is arrested under the warrant or under section 5 there is no requirement for him to be brought before the appropriate judge and he must be discharged;

(c) if the person is brought before the appropriate judge under section 4 or 6 the judge is no longer required to proceed or continue proceeding under sections 7 and 8;

(d) if the extradition hearing has begun the judge is no longer required to proceed or continue proceeding under sections 10 to 25;

(e) if the person has consented to his extradition, the judge is no longer required to order his extradition;

(f) if an appeal to the High Court or Supreme Court has been brought, the court is no longer required to hear or continue hearing the appeal;

(g) if the person’s extradition has been ordered there is no requirement for him to be extradited.

(9) These rules apply if the Secretary of State gives a direction under subsection (6)(b) in respect of a request—

(a) if he has not issued a certificate under section 70 in respect of the request he is no longer required to do so;

(b) if the person is arrested under a warrant issued under section 71 , under a provisional warrant or under section 74A there is no requirement for him to appear or be brought before the appropriate judge and he must be discharged;

(c) if the person appears or is brought before the appropriate judge the judge is no longer required to proceed or continue proceeding under sections 72, 74, , 74D, 74E 75 and 76;

(d) if the extradition hearing has begun the judge is no longer required to proceed or continue proceeding under sections 78 to 91;

(e) if the person has given his consent to his extradition to the appropriate judge, the judge is no longer required to send the case to the Secretary of State for his decision whether the person is to be extradited;

(f) if an appeal to the High Court or Supreme Court has been brought, the court is no longer required to hear or continue hearing the appeal;

(g) if the person’s extradition has been ordered there is no requirement for him to be extradited.

(10) These must be made under the hand of the Secretary of State—

(a) a certificate under subsection (5);

(b) a direction under subsection (6);

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

(a) in subsection (9)(a) for “he has” substitute “ the Scottish Ministers have ” and for “he is” substitute “ they are ”;

(b) in subsection (9)(e) for “Secretary of State for his” substitute “ Scottish Ministers for their ”.

(12) In subsection (3) the reference to an enactment includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

(13) In this section, “appeal” includes an application for leave to appeal.

Reasonable force

209

A person may use reasonable force, if necessary, in the exercise of a power conferred by this Act.

Rules of court

210

(1) Rules of court may make provision as to the practice and procedure to be followed in connection with proceedings under this Act.

(2) In Scotland any rules of court under this Act are to be made by Act of Adjournal.

Service of notices

211

Service of a notice on a person under section 54, 56, 58, 129, 130 or 131 may be effected in any of these ways—

(a) by delivering the notice to the person;

(b) by leaving it for him with another person at his last known or usual place of abode;

Article 95 alerts: transitional provision

212

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

Interpretation

Disposal of Part 1 warrant and extradition request

213

(1) A Part 1 warrant issued in respect of a person is disposed of—

(a) when an order is made for the person’s discharge in respect of the warrant and there is no further possibility of an appeal;

(b) when the person is taken to be discharged in respect of the warrant;

(c) when an order is made for the person’s extradition in pursuance of the warrant and there is no further possibility of an appeal.

(2) A request for a person’s extradition is disposed of—

(a) when an order is made for the person’s discharge in respect of the request and there is no further possibility of an appeal;

(b) when the person is taken to be discharged in respect of the request;

(c) when an order is made for the person’s extradition in pursuance of the request and there is no further possibility of an appeal.

(3) There is no further possibility of an appeal against an order for a person’s discharge or extradition—

(a) when the period permitted for giving notice of application for leave to appeal to the High Court ends, if notice is not given before the end of that period;

(aa) when the decision of the High Court refusing leave to appeal to it becomes final;

(b) when the decision of the High Court on an appeal becomes final, if there is no appeal to the Supreme Court against that decision;

(3A) The decision of the High Court refusing leave to appeal to it 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.

(4) The decision of the High Court on an 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 subsections (3) to (4)—

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

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

(6) Subsections (3) to (5) do not apply to Scotland.

Disposal of charge

214

(1) A charge against a person is disposed of—

(a) if the person is acquitted in respect of it, when he is acquitted;

(b) if the person is convicted in respect of it, when there is no further possibility of an appeal against the conviction.

(2) There is no further possibility of an appeal against a conviction—

(a) when the period permitted for giving notice of application for leave to appeal to the Court of Appeal against the conviction ends, if the leave of the Court of Appeal is required and no such notice is given before the end of that period;

(b) when the Court of Appeal refuses leave to appeal against the conviction, if the leave of the Court of Appeal is required and notice of application for leave is given before the end of that period;

(c) when the period permitted for giving notice of appeal to the Court of Appeal against the conviction ends, if notice is not given before the end of that period;

(d) when the decision of the Court of Appeal on an appeal becomes final, if there is no appeal to the Supreme Court against that decision;

(e) when the decision of the Supreme Court on an appeal is made, if there is such an appeal.

(3) The decision of the Court of Appeal on an appeal becomes final—

(a) when the period permitted for applying to the Court of Appeal 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 Court of Appeal 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.

(4) These must be ignored for the purposes of subsections (2) and (3)—

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

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

(5) Subsections (2) to (4) do not apply to Scotland.

European framework list

215

(1) The Trade and Cooperation Agreement list is the list of conduct set out in Schedule 2.

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

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other interpretative provisions

216

(1) References to a category 1 territory must be read in accordance with section 1.

(2) References to a category 2 territory must be read in accordance with section 69.

(2A) References in sections 74B and 74C to the designated authority must be read in accordance with section 74B(4).

(3) Other references to the designated authority must be read in accordance with section 2(9).

(4) References to a Part 1 warrant must be read in accordance with section 2.

(5) References to a Part 3 warrant must be read in accordance with section 142.

(6) References to a valid request for a person’s extradition must be read in accordance with section 70.

(6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) “Asylum claim” has the meaning given by section 113(1) of the Nationality, Immigration and Asylum Act 2002 (c. 41).

(7A) “ Civilian subject to service discipline ” has the same meaning as in the Armed Forces Act 2006.

(8) A customs officer is a person commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979 (c. 2).

(9) “High Court” in relation to Scotland means the High Court of Justiciary.

(10) In relation to Scotland, references to an appeal being discontinued are to be construed as references to its being abandoned.

(10A) Human Rights Convention” has the meaning given to “the Convention” by section 21(1) of the Human Rights Act 1998.

(11) “Police officer” in relation to Northern Ireland has the same meaning as in the Police (Northern Ireland) Act 2000 (c. 32).

(12) A provisional warrant is a warrant issued under section 73(3).

(12A) Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol to the Convention.

(13) “ Service policeman ” has the meaning given by section 375(1) of the Armed Forces Act 2006 .

(13A) “ Subject to service law ” has the same meaning as in that Act.

(15) This section and sections 213 to 215 apply for the purposes of this Act.

General

Form of documents

217

The Secretary of State may by regulations prescribe the form of any document required for the purposes of this Act.

Existing legislation on extradition

218

These Acts shall cease to have effect—

(a) the Backing of Warrants (Republic of Ireland) Act 1965 (c. 45);

(b) the Extradition Act 1989 (c. 33).

Amendments

219

(1) Schedule 3 contains miscellaneous and consequential amendments.

(2) The Secretary of State may by order make—

(a) any supplementary, incidental or consequential provision, and

(b) any transitory, transitional or saving provision,

which he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to any provision of this Act.

(3) An order under subsection (2) may, in particular—

(a) provide for any provision of this Act which comes into force before another such provision has come into force to have effect, until that other provision has come into force, with such modifications as are specified in the order, and

(b) amend, repeal or revoke any enactment other than one contained in an Act passed in a Session after that in which this Act is passed.

(4) The amendments that may be made under subsection (3)(b) are in addition to those made by or under any other provision of this Act.

Repeals

220

Schedule 4 contains repeals.

Commencement

221

The preceding provisions of this Act come into force in accordance with provision made by the Secretary of State by order.

Channel Islands and Isle of Man

222

An Order in Council may provide for this Act to extend to any of the Channel Islands or the Isle of Man with the modifications (if any) specified in the Order.

Orders and regulations

223

(1) References in this section to subordinate legislation are to—

(a) an order of the Secretary of State under this Act (other than an order within subsection (2));

(b) an order of the Treasury under this Act;

(2) The orders referred to in subsection (1)(a) are—

(a) an order for a person’s extradition or discharge;

(b) an order deferring proceedings on a warrant or request;

(3) Subordinate legislation—

(a) may make different provision for different purposes;

(b) may include supplementary, incidental, saving or transitional provisions.

(4) A power to make subordinate legislation is exercisable by statutory instrument (subject to subsection (10)).

(5) No order mentioned in subsection (6) may be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

(6) The orders are—

(a) an order under any of these provisions—

section 1(1);

section 62B(3);

section 69(1);

section 71(4);

section 73(5);

section 74(11)(b);

section 84(7);

section 86(7);

section 135B(3);

section 142(9);

section 173(4);

(b) an order under section 219(2) which contains any provision (whether alone or with other provisions) amending or repealing any Act or provision of an Act.

(6A) No regulations under section 74B(8) may be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.

(7) A statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament if it contains subordinate legislation other than an order mentioned in subsection (6) or an order under section 221.

(8) A territory may be designated by being named in an order made by the Secretary of State under this Act or by falling within a description set out in such an order.

(9) An order made by the Secretary of State under section 1(1) or 69(1) may provide that this Act has effect in relation to a territory designated by the order with specified modifications.

(10) The power of the Department of Justice in Northern Ireland to make regulations under section 61(8)(b) or 134(8)(b) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 .

(11) Regulations made by the Department of Justice are subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

Orders in Council

224

(1) An Order in Council under section 177 or 178 is subject to annulment in pursuance of a resolution of either House of Parliament.

(2) An Order in Council under this Act—

(a) may make different provision for different purposes;

(b) may include supplementary, incidental, saving or transitional provisions.

Finance

225

The following are to be paid out of money provided by Parliament—

(a) any expenditure incurred by the Lord Chancellor under this Act;

(b) any increase attributable to this Act in the sums payable out of money provided by Parliament under any other enactment.

Extent

226

(1) Sections 157 to 160, 166 to 168, 171, 173 and 205 do not extend to Scotland.

(2) Sections151B, 154, 198, 200 and 201 extend to England and Wales only.

(3) Sections 183 and 199 extend to Scotland only.

(4) Sections 184 and 185 extend to Northern Ireland only.

Short title

227

This Act may be cited as the Extradition Act 2003.

SCHEDULE 1

Part 1 — Category 1 territories

1

In section 11(1), omit paragraphs (c), (g) and (h).

2

Omit sections 14, 18 and 19.

3

In section 21(3) and section 21A(5), for “must” substitute “ may ”.

4

In section 31(2), for paragraphs (a) and (b) substitute “ would (apart from section 187(1)) be released from detention pursuant to the UK sentence (whether or not on licence) ”.

5

In section 39(2)(a), for “a certificate is issued under section 2 in respect of the warrant” substitute “ the person would (apart from section 187(1)) be released from detention pursuant to the UK sentence (whether or not on licence) ”.

6

In section 44(2)(a), for “following his arrest under this Part” substitute “ under section 187(1) ”.

7

In section 45(1), for the words from “arrested” to “issued” substitute “ brought before the appropriate judge under section 187(1) may consent to his extradition to the territory in which the overseas sentence was imposed ”.

Part 2 — Category 2 territories

8

In section 78, omit subsections (2), (3), (5) and (8).

9

In section 78, for subsection (4) substitute—

(4) The judge must decide whether the offence specified in the request is an extradition offence.

10

In section 78(6), for “any of the questions” substitute “ the question ”.

11

In section 78(7), for “those questions” substitute “ that question ”.

12

In section 79(1), omit paragraph (c).

13

Omit section 82.

14

In section 87(3), for the words from “must send the case” to “extradited” substitute “ may order the person to be extradited to the category 2 territory ”.

15

In section 87, after subsection (3) insert—

(4) If the judge makes an order under subsection (3) he must remand the person in custody or on bail to wait for his extradition to the territory. (5) If the person is remanded in custody, the appropriate judge may later grant bail.

16

In section 103(1)—

(a) for the words from “sends a case” to “extradited” substitute “ orders a person’s extradition under this Part ”; and

(b) for “the relevant decision” substitute “ the order ”.

17

In section 103(2), for the words from “the person” to “the Secretary of State” substitute “ the order is made under section 128 ”.

18

In section 103, omit subsections (3), (5), (6), (7) and (8).

19

In section 103(9), for the words from “the Secretary of State” to “person” substitute “ the order is made ”.

20

In section 104, omit subsections (1)(b), (6) and (7).

21

In section 106, omit subsections (1)(b), (7) and (8).

22

In section 117(1)(a), for “the Secretary of State” substitute “ the appropriate judge ”.

23

In section 117(1)(b), for the words from “permitted period” to “extradition” substitute “ period permitted under that section ”.

24

In section 117, after subsection (1) insert—

(1A) But this section does not apply if the order is made under section 128.

25

In section 117(2), for “the Secretary of State” substitute “ the judge ”.

26

In section 119(1)(a), for “the Secretary of State” substitute “ the appropriate judge ”.

27

In section 119, in subsections (2) to (6) and in each place in subsection (7), for “the Secretary of State” substitute “ the judge ”.

28

In section 120, after subsection (1) insert—

(1A) But this section does not apply if the order for the person’s extradition is made under section 128.

29

In section 121(2)(a), for “a certificate is issued under section 70 in respect of the request” substitute “ the person would (apart from section 187(1)) be released from detention pursuant to the UK sentence (whether or not on licence) ”.

30

In section 127(1), for the words from “arrested” to “requested” substitute “ brought before the appropriate judge under section 187(1) may consent to his extradition to the territory in which the overseas sentence was imposed ”.

31

In section 127(3), before paragraph (a) insert—

(aa) must be given before the appropriate judge;

32

In section 127, omit subsections (4) and (5).

33

In section 128, after subsection (1) insert—

(1A) The judge must remand the person in custody or on bail. (1B) If the person is remanded in custody, the appropriate judge may later grant bail.

34

In section 128(4), for the words from “send the case” to “extradited” substitute “ within the period of 10 days starting with the day on which consent is given order the person’s extradition to the category 2 territory ”.

35

In section 128, after subsection (5) insert—

(6) Subsection (4) has effect subject to section 128B. (7) If subsection (4) is not complied with and the person applies to the judge to be discharged the judge must order his discharge.

36

After section 128 insert—

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