Extradition Act 2003

(128A) (1) This section applies if the appropriate judge makes an order under section 128(4) for a person’s extradition to a category 2 territory. (2) The person must be extradited to the category 2 territory before the end of the required period, which is 28 days starting with the day on which the order is made. (3) If subsection (2) is not complied with and the person applies to the judge to be discharged the judge must order his discharge, unless reasonable cause is shown for the delay. (128B) (1) This section applies if— (a) a person consents under section 127 to his extradition to a category 2 territory, and (b) before the judge orders his extradition under section 128(4), the judge is informed that the conditions in subsection (2) or (3) are met. (2) The conditions are that— (a) the Secretary of State has received another valid request for the person’s extradition to a category 2 territory; (b) the other request has not been disposed of. (3) The conditions are that— (a) a certificate has been issued under section 2 in respect of a Part 1 warrant issued in respect of the person; (b) the warrant has not been disposed of. (4) The judge must not make an order under section 128(4) until he is informed what order has been made under section 126(2) or 179(2). (5) If the order under section 126(2) or 179(2) is for further proceedings on the request under consideration to be deferred until the other request, or the warrant, has been disposed of, the judge must remand the person in custody or on bail. (6) If the person is remanded in custody, the appropriate judge may later grant bail. (7) If— (a) the order under section 126(2) or 179(2) is for further proceedings on the request under consideration to be deferred until the other request, or the warrant, has been disposed of, and (b) an order is made under section 180 for proceedings on the request under consideration to be resumed, the period specified in section 128(4) must be taken to be 10 days starting with the day on which the order under section 180 is made. (8) If the order under section 126(2) or 179(2) is for further proceedings on the other request, or the warrant, to be deferred until the request under consideration has been disposed of, the period specified in section 128(4) must be taken to be 10 days starting with the day on which the judge is informed of the order. (128C) (1) This section applies if— (a) an order is made under section 128(4) 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) The required period for the purposes of section 128A(2) is 28 days starting with the day on which the order under section 181(2) is made.

SCHEDULE 2

1

Participation in a criminal organisation.

2

Terrorism.

3

Trafficking in human beings.

4

Sexual exploitation of children and child pornography.

5

Illicit trafficking in narcotic drugs and psychotropic substances.

6

Illicit trafficking in weapons, munitions and explosives.

7

Corruption , including bribery.

8

Fraud, including that affecting the financial interests of the European Union within the meaning of the Convention of 26 July 1995 on the protection of the European Union financial interests.

9

Laundering of the proceeds of crime.

10

Counterfeiting currency, including of the euro.

11

Computer-related crime.

12

Environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties.

13

Facilitation of unauthorised entry and residence.

14

Murder, grievous bodily injury.

15

Illicit trade in human organs and tissue.

16

Kidnapping, illegal restraint and hostage-taking.

17

Racism and xenophobia.

18

Organised or armed robbery.

19

Illicit trafficking in cultural goods, including antiques and works of art.

20

Swindling.

21

Racketeering and extortion.

22

Counterfeiting and piracy of products.

23

Forgery of administrative documents and trafficking therein.

24

Forgery of means of payment.

25

Illicit trafficking in hormonal substances and other growth promoters.

26

Illicit trafficking in nuclear or radioactive materials.

27

Trafficking in stolen vehicles.

28

Rape.

29

Arson.

30

Crimes within the jurisdiction of the International Criminal Court.

31

Unlawful seizure of aircraft/ships/spacecraft.

32

Sabotage.

SCHEDULE 3

Introduction

1

The amendments specified in this Schedule shall have effect.

Parliamentary Commissioner Act 1967 (c. 13)

2

In Schedule 3 to the Parliamentary Commissioner Act 1967 (c. 13) (matters not subject to investigation) for paragraph 4 substitute—

(4) Action taken by the Secretary of State under the Extradition Act 2003.

Criminal Justice Act 1967 (c. 80)

3

Section 34 of the Criminal Justice Act 1967 (c. 80) (committal of persons under twenty-one accused of extradition crimes) shall cease to have effect.

Suppression of Terrorism Act 1978 (c. 26)

4

Sections 1 (offences not to be regarded as of a political character) and 2 (restrictions on return of criminal under Extradition Act 1870 or to Republic of Ireland) of the Suppression of Terrorism Act 1978 (c. 26) shall cease to have effect.

5

For section 5 of the Suppression of Terrorism Act 1978 substitute—

(5) (1) The Secretary of State may by order direct that section 4 above shall apply in relation to a country falling within subsection (2) below as it applies in relation to a convention country, subject to the exceptions (if any) specified in the order. (2) A country falls within this subsection if— (a) it is not a convention country; and (b) it is a category 1 territory or a category 2 territory within the meaning of the Extradition Act 2003.

Criminal Justice (International Co-operation) Act 1990 (c. 5)

6

Section 22(1) of the Criminal Justice (International Co-operation) Act 1990 (c. 5) (offences to which an Order in Council under the Extradition Act 1870 can apply) shall cease to have effect.

Computer Misuse Act 1990 (c. 18)

7

Section 15 of the Computer Misuse Act 1990 (c. 18) (extradition where Schedule 1 to the Extradition Act 1989 applies) shall cease to have effect.

Aviation and Maritime Security Act 1990 (c. 31)

8

Section 49 of the Aviation and Maritime Security Act 1990 (c. 31) (extradition by virtue of Orders in Council under Extradition Act 1870) shall cease to have effect.

Criminal Justice Act 1991 (c. 53)

9

In section 47 of the Criminal Justice Act 1991 (c. 53) (persons extradited to the United Kingdom) subsection (4) shall cease to have effect.

United Nations Personnel Act 1997 (c. 13)

10

Section 6(1) of the United Nations Personnel Act 1997 (c. 13) (offences to which an Order in Council under section 2 of the Extradition Act 1870 can apply) shall cease to have effect.

Terrorism Act 2000 (c. 11)

11

Section 64(5) of the Terrorism Act 2000 (c. 11) (offences to which an Order in Council under section 2 of the Extradition Act 1870 can apply) shall cease to have effect.

International Criminal Court Act 2001 (c. 17)

12

Section 71 of the International Criminal Court Act 2001 (c. 17) (extradition: Orders in Council under the Extradition Act 1870) shall cease to have effect.

13

• (1) Part 2 of Schedule 2 to the International Criminal Court Act 2001 (delivery up to International Criminal Court of persons subject to extradition proceedings) is amended as follows.

• (2) For paragraph 7 (meaning of “extradition proceedings”) substitute—

(7) In this Part of this Schedule “extradition proceedings” means proceedings before a court or judge in the United Kingdom under the Extradition Act 2003.

• (3) In paragraph 8 (extradition proceedings in England and Wales or Northern Ireland) after sub-paragraph (5) add—

(6) References in this paragraph to a court include references to a judge.

• (4) In paragraph 9 (extradition proceedings in Scotland) after sub-paragraph (3) add—

(4) References in this paragraph to a court include references to a judge.

• (5) In paragraph 10 (power to suspend or revoke warrant or order) for sub-paragraph (1) substitute—

(1) Where a court makes a delivery order in respect of a person whose extradition has been ordered under the Extradition Act 2003, it may make any such order as is necessary to enable the delivery order to be executed.

• (6) In paragraph 10(2) omit the words “by a court or judicial officer”.

Enterprise Act 2002 (c. 40)

14

Section 191 of the Enterprise Act 2002 (c. 40) (offences to which an Order in Council under the Extradition Act 1870 can apply) shall cease to have effect.

SCHEDULE 4

Part 1 warrant and certificate

Person serving sentence in United Kingdom before extradition hearing

8A

• (1) This section applies if—

• (a) a person has been brought before the appropriate judge under section 4(3) or 6(2) but the extradition hearing has not begun; and

• (b) the judge is informed that the person is charged with an offence in the United Kingdom.

• (2) The judge must order further proceedings in respect of the extradition to be adjourned until one of these occurs—

• (a) the charge is disposed of;

• (b) the charge is withdrawn;

• (c) proceedings in respect of the charge are discontinued;

• (d) an order is made for the charge to lie on the file, or in relation to Scotland, the diet is deserted pro loco et tempore.

• (3) If a sentence of imprisonment or another form of detention is imposed in respect of the offence charged, the judge may order further proceedings in respect of the extradition to be adjourned until the person is released from detention pursuant to the sentence (whether on licence or otherwise).

8B

• (1) This section applies if—

• (a) a person has been brought before the appropriate judge under section 4(3) or 6(2) but the extradition hearing has not begun; and

• (b) the judge is informed that the person is in custody serving a sentence of imprisonment or another form of detention in the United Kingdom.

• (2) The judge may order further proceedings in respect of the extradition to be adjourned until the person is released from detention pursuant to the sentence (whether on licence or otherwise).

• (3) In a case where further proceedings in respect of the extradition are adjourned under subsection (2)—

• (a) section 131 of the Magistrates' Courts Act 1980 (remand of accused already in custody) has effect as if a reference to 28 clear days in subsection (1) or (2) of that section were a reference to six months;

• (b) Article 47(2) of the Magistrates' Courts (Northern Ireland) Order 1981 (period of remand in custody) has effect as if a reference to 28 days in—

• (i) sub-paragraph (a)(iii), or

• (ii) the words after sub-paragraph (b),

were a reference to six months.

19A

• (1) A person's extradition to a category 1 territory is barred by reason of his earlier transfer by the International Criminal Court if (and only if)—

• (a) the person was transferred to the United Kingdom to serve a sentence imposed by the Court;

• (b) under arrangements between the United Kingdom and the Court, the consent of the Presidency of the Court is required to the person's extradition from the United Kingdom to the category 1 territory in respect of the extradition offence under consideration;

• (c) that consent has not been given.

• (2) Subsection (1) does not apply if the person has served the sentence imposed by the Court and has subsequently—

• (a) remained voluntarily in the United Kingdom for more than 30 days, or

• (b) left the United Kingdom and returned to it.

19B

• (1) The extradition of a person (“D”) to a category 1 territory is barred by reason of forum if the extradition would not be in the interests of justice.

• (2) For the purposes of this section, the extradition would not be in the interests of justice if the judge—

• (a) decides that a substantial measure of D's relevant activity was performed in the United Kingdom; and

• (b) decides, having regard to the specified matters relating to the interests of justice (and only those matters), that the extradition should not take place.

• (3) These are the specified matters relating to the interests of justice—

• (a) the place where most of the loss or harm resulting from the extradition offence occurred or was intended to occur;

• (b) the interests of any victims of the extradition offence;

• (c) any belief of a prosecutor that the United Kingdom, or a particular part of the United Kingdom, is not the most appropriate jurisdiction in which to prosecute D in respect of the conduct constituting the extradition offence;

• (d) were D to be prosecuted in a part of the United Kingdom for an offence that corresponds to the extradition offence, whether evidence necessary to prove the offence is or could be made available in the United Kingdom;

• (e) any delay that might result from proceeding in one jurisdiction rather than another;

• (f) the desirability and practicability of all prosecutions relating to the extradition offence taking place in one jurisdiction, having regard (in particular) to—

• (i) the jurisdictions in which witnesses, co-defendants and other suspects are located, and

• (ii) the practicability of the evidence of such persons being given in the United Kingdom or in jurisdictions outside the United Kingdom;

• (g) D's connections with the United Kingdom.

• (4) In deciding whether the extradition would not be in the interests of justice, the judge must have regard to the desirability of not requiring the disclosure of material which is subject to restrictions on disclosure in the category 1 territory concerned.

• (5) If, on an application by a prosecutor, it appears to the judge that the prosecutor has considered the offences for which D could be prosecuted in the United Kingdom, or a part of the United Kingdom, in respect of the conduct constituting the extradition offence, the judge must make that prosecutor a party to the proceedings on the question of whether D's extradition is barred by reason of forum.

• (6) In this section “ D's relevant activity ” means activity which is material to the commission of the extradition offence and which is alleged to have been performed by D.

Extradition request

33A

• (1) This section applies if immediately after the High Court orders the person's discharge the court is informed by the authority which issued the Part 1 warrant that it intends to appeal under section 32.

• (2) The court must remand the person in custody or on bail while the appeal under section 32 is pending.

• (3) If the court remands the person in custody it may later grant bail.

• (4) An appeal under section 32 ceases to be pending at the earliest of these times—

• (a) when the proceedings on the appeal are discontinued;

• (b) at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the House of Lords against the decision of the High Court on the appeal under section 26 is granted, if no appeal to the House of Lords is brought before the end of that period;

• (c) when there is no further step that can be taken by the authority which issued the Part 1 warrant in relation to the appeal (ignoring any power of a court to grant leave to take a step out of time).

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

Extradition following deferral for competing claim

Forum

Effect of prosecutor's certificates on forum proceedings

Appropriate amount: England and Wales

Extradition offences: person sentenced for offence

The appropriate judge

68A

• (1) 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.

• (2) This section applies for the purposes of this Part, other than sections 14 and 63.

Extradition request and certificate

Provisional warrant

Request for temporary transfer etc

Extradition request

76A

• (1) This section applies if—

• (a) a person has been brought before the appropriate judge under section 72(3) , 74(3) or 74A(3) but the extradition hearing has not begun; and

• (b) the judge is informed that the person is charged with an offence in the United Kingdom.

• (2) The judge must order further proceedings in respect of the extradition to be adjourned until one of these occurs—

• (a) the charge is disposed of;

• (b) the charge is withdrawn;

• (c) proceedings in respect of the charge are discontinued;

• (d) an order is made for the charge to lie on the file, or in relation to Scotland, the diet is deserted pro loco et tempore .

• (3) If a sentence of imprisonment or another form of detention is imposed in respect of the offence charged, the judge may order further proceedings in respect of the extradition to be adjourned until the person is released from detention pursuant to the sentence (whether on licence or otherwise).

76B

• (1) This section applies if—

• (a) a person has been brought before the appropriate judge under section 72(3) , 74(3) or 74A(3) but the extradition hearing has not begun; and

• (b) the judge is informed that the person is in custody serving a sentence of imprisonment or another form of detention in the United Kingdom.

• (2) The judge may order further proceedings in respect of the extradition to be adjourned until the person is released from detention pursuant to the sentence (whether on licence or otherwise).

• (3) In a case where further proceedings in respect of the extradition are adjourned under subsection (2)—

• (a) section 131 of the Magistrates' Courts Act 1980 (remand of accused already in custody) has effect as if a reference to 28 clear days in subsection (1) or (2) of that section were a reference to six months;

• (b) Article 47(2) of the Magistrates' Courts (Northern Ireland) Order 1981 (period of remand in custody) has effect as if a reference to 28 days in—

• (i) sub-paragraph (a)(iii), or

• (ii) the words after sub-paragraph (b),

were a reference to six months.

83A

• (1) The extradition of a person (“D”) to a category 2 territory is barred by reason of forum if the extradition would not be in the interests of justice.

• (2) For the purposes of this section, the extradition would not be in the interests of justice if the judge—

• (a) decides that a substantial measure of D's relevant activity was performed in the United Kingdom; and

• (b) decides, having regard to the specified matters relating to the interests of justice (and only those matters), that the extradition should not take place.

• (3) These are the specified matters relating to the interests of justice—

• (a) the place where most of the loss or harm resulting from the extradition offence occurred or was intended to occur;

• (b) the interests of any victims of the extradition offence;

• (c) any belief of a prosecutor that the United Kingdom, or a particular part of the United Kingdom, is not the most appropriate jurisdiction in which to prosecute D in respect of the conduct constituting the extradition offence;

• (d) were D to be prosecuted in a part of the United Kingdom for an offence that corresponds to the extradition offence, whether evidence necessary to prove the offence is or could be made available in the United Kingdom;

• (e) any delay that might result from proceeding in one jurisdiction rather than another;

• (f) the desirability and practicability of all prosecutions relating to the extradition offence taking place in one jurisdiction, having regard (in particular) to—

• (i) the jurisdictions in which witnesses, co-defendants and other suspects are located, and

• (ii) the practicability of the evidence of such persons being given in the United Kingdom or in jurisdictions outside the United Kingdom;

• (g) D's connections with the United Kingdom.

• (4) In deciding whether the extradition would not be in the interests of justice, the judge must have regard to the desirability of not requiring the disclosure of material which is subject to restrictions on disclosure in the category 2 territory concerned.

• (5) If, on an application by a prosecutor, it appears to the judge that the prosecutor has considered the offences for which D could be prosecuted in the United Kingdom, or a part of the United Kingdom, in respect of the conduct constituting the extradition offence, the judge must make that prosecutor a party to the proceedings on the question of whether D's extradition is barred by reason of forum.

• (6) In this section “D's relevant activity” means activity which is material to the commission of the extradition offence and is alleged to have been performed by D.

Conviction in person’s absence

Detention pending conclusion of appeal under section 28: Scotland

96A

• (1) The Secretary of State must not order a person's extradition to a category 2 territory if—

• (a) the person was transferred to the United Kingdom to serve a sentence imposed by the International Criminal Court;

• (b) under arrangements between the United Kingdom and the Court, the consent of the Presidency of the Court is required to the person's extradition from the United Kingdom to the category 2 territory in respect of the extradition offence under consideration;

• (c) that consent has not been given.

• (2) Subsection (1) does not apply if the person has served the sentence imposed by the Court and has subsequently—

• (a) remained voluntarily in the United Kingdom for more than 30 days, or

• (b) left the United Kingdom and returned to it.

Person charged with offence in United Kingdom

115A

• (1) This section applies if—

• (a) on an appeal under section 103 or 108 the High Court orders the person's discharge;

• (b) immediately after it does so, the court is informed on behalf of the category 2 territory of an intention to appeal under section 114.

• (2) The court must remand the person in custody or on bail while the appeal is pending.

• (3) If the court remands the person in custody it may later grant bail.

• (4) An appeal under section 114 ceases to be pending at the earliest of these times—

• (a) when the proceedings on the appeal are discontinued;

• (b) at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the House of Lords against the decision of the High Court on the appeal under section 103 or 108 is granted, if no appeal to the House of Lords is brought before the end of that period;

• (c) when there is no further step that can be taken on behalf of the category 2 territory in relation to the appeal (ignoring any power of a court to grant leave to take a step out of time).

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

Powers of Supreme Court on appeal under section 32

Appeal to Supreme Court

Extradition following deferral for competing claim

Judge informed after extradition hearing that person is serving sentence in United Kingdom

Extradition offences: person sentenced for offence

Extradition order following consent

140A

• (1) 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.

• (2) This section applies for the purposes of this Part, other than sections 82 and 136.

Extradition to category 1 territory following consent

The extradition hearing

151A

• (1) This section applies if a person is extradited to the United Kingdom from a territory which is not—

• (a) a category 1 territory, or

• (b) a territory falling within section 150(1)(b).

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

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

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

This is subject to section 151B.

• (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 territory in respect of that offence;

• (c) an offence in respect of which consent to the person being dealt with is given on behalf of the territory.

• (4) The condition is that—

• (a) the person has returned to the territory from which the person was extradited, or

• (b) the person has been given an opportunity to leave the United Kingdom.

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

• (a) the person is tried there for it;

• (b) the person is detained with a view to trial there for it.

153A

• (1) This section applies if—

• (a) a person is accused in the United Kingdom of the commission of an offence or has been convicted of an offence by or before a court in the United Kingdom;

• (b) a Part 3 warrant is issued in respect of the person or the Secretary of State makes a request for the extradition of the person;

• (c) the person is serving a sentence of imprisonment or another form of detention in a territory;

• (d) the person's extradition to the United Kingdom from the territory in pursuance of the warrant or request is made subject to a condition that an undertaking is given by or on behalf of the United Kingdom with regard to the person's treatment in the United Kingdom or return to the territory (or both).

• (2) The Secretary of State may give an undertaking to a person acting on behalf of the territory with regard to either or both of these things—

• (a) the treatment in the United Kingdom of the person in respect of whom the warrant is issued or the request for extradition is made;

• (b) the return of that person to the territory.

• (3) The terms which may be included by the Secretary of State in an undertaking given under subsection (2) in relation to a person accused in the United Kingdom of the commission of an offence include terms—

• (a) that the person be kept in custody until the conclusion of the proceedings against the person for the offence and any other offence in respect of which the person is permitted to be dealt with in the United Kingdom;

• (b) that the person be returned to the territory to serve the remainder of the sentence on the conclusion of those proceedings.

• (4) The terms which may be included by the Secretary of State in an undertaking given under subsection (2) in relation to a person who has been convicted of an offence by or before a court in the United Kingdom include terms that the person be returned to the territory to serve the remainder of the sentence after the person would otherwise be released from detention pursuant to the sentence imposed in the United Kingdom (whether or not on licence).

• (5) If a person is to be returned to a territory by virtue of an undertaking given under subsection (2), the undertaking is sufficient authority for a constable—

• (a) to remove the person from any prison or other institution where the person is detained;

• (b) to keep the person in custody until returned;

• (c) to convey the person to the territory.

153B

• (1) This section applies if—

• (a) an undertaking is given under section 153A(2) as to the return of a person to a territory;

• (b) the person is returned to the territory in pursuance of the undertaking;

• (c) the person is returned to the United Kingdom to serve the remainder of any sentence imposed in the United Kingdom or the person otherwise returns to the United Kingdom.

• (2) Time during which the person was outside the United Kingdom as a result of the undertaking given under section 153A(2) does not count as time served by the person as part of the sentence.

• (3) If the person is not entitled to be released from detention pursuant to the sentence—

• (a) the person is liable to be detained in pursuance of the sentence, and

• (b) if at large, the person must be treated as being unlawfully at large.

• (4) If 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 return to the territory, the licence is suspended until the person's return to the United Kingdom;

• (b) if the person was not released on licence at that time, subsections (5) to (8) apply in relation to the person (“the offender”).

• (5) The offender is liable to be detained, on return to the United Kingdom, in any place in which the offender could have been detained pursuant to the sentence before the time of return to the territory.

• (6) A constable or immigration officer may—

• (a) take the offender into custody, and

• (b) convey the offender to the place mentioned in subsection (5).

• (7) 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.

• (8) In calculating a period of 5 days for the purposes of subsection (7) no account is to be taken of any day mentioned in any of paragraphs (a) to (d) of section 59(10).

• (9) The powers conferred on a constable by subsection (6) are exercisable in any part of the United Kingdom.

• (10) For the purposes of this section—

• (a) a person is entitled to be released from detention if there is—

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (iii) 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

• (iv) 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;

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

153C

• (1) This section applies if—

• (a) a person is extradited to the United Kingdom from a territory for the purposes of being prosecuted for an offence;

• (b) the person's extradition is made subject to a condition that an undertaking is given by or on behalf of the United Kingdom as to the person's return to the territory.

• (2) The Secretary of State may give an undertaking to a person acting on behalf of the territory as to the person's return to the territory.

• (3) The terms which may be included by the Secretary of State in an undertaking given under subsection (2) in relation to a person include terms that if the person is convicted of the offence and a sentence of imprisonment or another form of detention is imposed in respect of it, the person is to be returned to the territory to serve the sentence.

• (4) A person who is to be returned to a territory by virtue of an undertaking given under subsection (2) must be returned as soon as is reasonably practicable after the sentence is imposed and any other proceedings in respect of the offence are concluded.

• (5) If subsection (4) is complied with the sentence for the offence is treated as served but the person's conviction for the offence must be treated as a conviction for all other purposes.

• (6) The sentence for the offence is treated as served under subsection (5) only in so far as it consists of the sentence of imprisonment or another form of detention mentioned in subsection (3).

• (7) Subsection (8) applies if—

• (a) subsection (4) is not complied with, and

• (b) the person applies to the court which imposed the sentence to expedite return to the territory.

• (8) The court must order return by such date as is specified in the order unless reasonable cause is shown for the delay.

• (9) If a person is to be returned by virtue of an undertaking given under subsection (2), a constable may—

• (a) remove the person from any prison or other institution where the person is detained;

• (b) keep the person in custody until returned;

• (c) convey the person to the territory to which the person is to be returned.

153D

• (1) Nothing in section 153A or 153C requires the return of a person to a territory in a case in which the Secretary of State is not satisfied that the return is compatible with the Convention rights within the meaning of the Human Rights Act 1998 or with the United Kingdom's obligations under the Refugee Convention.

• (2) References in sections 153A and 153C and subsection (1) above to the Secretary of State are to be read as references to the Scottish Ministers in a case in which—

• (a) a Part 3 warrant was issued in respect of the person to be returned, and

• (b) the warrant was issued by a sheriff.

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

155A

• (1) This section applies to a category 1 territory that deals with requests for extradition made by the United Kingdom otherwise than in accordance with the system provided for in the Title VII of Part 3 of the Trade and Cooperation Agreement if they relate to acts committed before a particular date (“the relevant date”).

• (2) In the case of a territory to which this section applies, the Secretary of State has the same powers to request a person's extradition in relation to acts committed before the relevant date as he would have in the case of a category 2 territory.

• (3) The Secretary of State may by order provide that, in the case of an extradition request which—

• (a) is made to a specified category 1 territory to which this section applies, and

• (b) relates to acts committed before the relevant date,

this Part is to have effect as if that territory were a category 2 territory, and with such modifications as may be specified.

• (4) In this section—

• ...

• ...

• “specified”, in relation to an order under this section, means specified in the order.

• “the Trade and Cooperation Agreement” has the same meaning as in the European Union (Future Relationship) Act 2020 (see section 37 of that Act).

Issue of Part 3 warrant

Appropriate amount: England and Wales

Requirements for making of production order

Delivery of seized property

Human rights

Physical or mental condition

Persons serving sentences outside territory where convicted

Extradition offences: person sentenced for offence

Genocide, crimes against humanity and war crimes

Custody

197A

If an order is made under Part 1 or 2 for the extradition of a person who is in custody serving a sentence of imprisonment or another form of detention in the United Kingdom, the order is sufficient authority for the person to be removed from the prison or other institution where he is detained.

Arrest warrant following extradition request

Appeal against grant of bail

Detention pending conclusion of certain appeals under section 114

Person arrested under provisional warrant

Person charged with offence in United Kingdom before extradition hearing

Live links

206A

• (1) This section applies in relation to—

• (a) a hearing before the appropriate judge in proceedings under Part 1, ..., and

• (b) a hearing before the appropriate judge in proceedings under Part 2 ....

• (2) If satisfied that it is in the interests of justice to do so, the appropriate judge may give a live link direction ....

• (3) A live link direction is a direction requiring a person to take part in the hearing (in whatever capacity) through a live link.

• (4) Such a direction—

• (a) may be given on the appropriate judge's own motion or on the application of a party to the proceedings, and

• (b) may be given in relation to all subsequent hearings to which this section applies, or to such hearing or hearings to which this section applies as may be specified or described in the direction.

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

• (6) A person who takes part in the hearing through a live link is to be treated as present in court for the purposes of the hearing.

206B

• (1) The appropriate judge may rescind a live link direction at any time before or during a hearing to which it relates.

• (2) The appropriate judge must not give a live link direction or rescind such a direction unless the parties to the proceedings have been given the opportunity to make representations.

• (3) If a hearing takes place in relation to the giving or rescinding of a live link direction, the appropriate judge may require or permit any party to the proceedings who wishes to make representations to do so through a live link.

• (4) If in a case where an appropriate judge has power to give a live link direction but decides not to do so, the appropriate judge must—

• (a) state in open court the reasons for not doing so, and

• (b) cause those reasons to be entered in the register of proceedings.

• (5) Subsection (7) applies if—

• (a) an application for a live link direction is made under section 206A(4) in relation to a qualifying hearing but the application is refused, or

• (b) a live link direction is given in relation to a qualifying hearing but the direction is rescinded before the hearing takes place.

• (6) A hearing is a qualifying hearing—

• (a) in relation to proceedings under Part 1, if it is a hearing by virtue of which section 4(3) would be complied with;

• (b) in relation to proceedings under Part 2, if it is a hearing by virtue of which section 72(3) , 74(3) or 74A(3) would be complied with.

• (7) The requirement in section 4(3), 72(3) , 74(3) or 74A(3) (as the case requires) to bring the person as soon as practicable before the appropriate judge is to be read as a requirement to bring the person before that judge as soon as practicable after the application is refused or the direction is rescinded.

Date of extradition hearing: arrest under provisional warrant

206C

• (1) This section applies for the purposes of section 206A and subsections (2) and (3) also apply for the purposes of section 206B.

• (2) In relation to proceedings under Part 1, section 67 applies for determining the appropriate judge.

• (3) In relation to proceedings under Part 2, section 139 applies for determining the appropriate judge.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (6) “Live link” means an arrangement by which a person (P) is able—

• (a) to see and hear all other persons taking part in the hearing who are not in the same location as P, and

• (b) to be seen and heard by all other persons taking part in the hearing who are not in the same location as P.

...

• (7) For the purposes of subsection (6) the following matters are to be disregarded—

• (a) the extent (if any) to which a person is unable to see or hear by reason of any impairment of eyesight or hearing;

• (b) the effect of any direction or order which provides for one person taking part in a hearing to be prevented by means of a screen or other arrangement from seeing another person taking part in the hearing.

Use of live links at certain hearings

Competing extradition claim

Introduction

Parliamentary Commissioner Act 1967 (c. 13)

Criminal Justice Act 1967 (c. 80)

Suppression of Terrorism Act 1978 (c. 26)

Criminal Justice (International Co-operation) Act 1990 (c. 5)

Computer Misuse Act 1990 (c. 18)

Aviation and Maritime Security Act 1990 (c. 31)

Criminal Justice Act 1991 (c. 53)

United Nations Personnel Act 1997 (c. 13)

Terrorism Act 2000 (c. 11)

International Criminal Court Act 2001 (c. 17)

Enterprise Act 2002 (c. 40)

Editorial notes

[^c2086619]: Act modified (1.1.2004) by The Extradition Act 2003 (Multiple Offences) Order 2003 (S.I. 2003/3150), art. 2(2), Sch.

[^c2087000]: Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[^c2087001]: Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[^c2086730]: Words in s. 2(5)(a) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 1(1); S.I. 2006/3364, art. 2(d)(e)

[^c2086999]: Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[^c2087003]: Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[^c2087916]: S. 3(3) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) for s. 3(3)(4) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 200(a); S.I. 2009/812, art. 3 (with transitional provisions (24.4.2009 for certain purposes otherwise 31.10.2009) in S.I. 2009/1059); S.I. 2009/1167, art. 4

[^c2087923]: S. 3(6) repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 200(b), Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions (24.4.2009 for certain purposes otherwise 31.10.2009) in S.I. 2009/1059); S.I. 2009/1167, art. 4

[^c2087004]: Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[^c2087005]: Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[^c2087925]: S. 5(3)(4) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) for s. 5(3)-(5) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 201; S.I. 2009/812, art. 3 (with transitional provisions (24.4.2009 for certain purposes otherwise 31.10.2009) in S.I. 2009/1059); S.I. 2009/1167, art. 4

[^c2087006]: Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[^c2088107]: S. 6(2)-(3D) substituted (25.1.2010) for s. 6(2)(3) by Policing and Crime Act 2009 (c. 26), ss. 77(2), 116; S.I. 2009/3096, art. 3(t) (with art. 4)

[^c2088109]: S. 6(5A)(5B) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 77(3), 116; S.I. 2009/3096, art. 3(t) (with art. 4)

[^c2088111]: Words in s. 6(6) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 77(4), 116; S.I. 2009/3096, art. 3(t) (with art. 4)

[^c2088113]: S. 6(8A)(8B) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 77(5), 116; S.I. 2009/3096, art. 3(t) (with art. 4)

[^c2087002]: Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[^c2087008]: Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[^c2088115]: Words in s. 7(1)(b) substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 77(3), 116; S.I. 2009/3096, art. 3(t) (with art. 4)

[^c2086738]: Words in s. 7(10) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 16; S.I. 2006/3364, art. 2(d)(e)

[^c2087009]: Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[^c2086742]: Words in s. 8(2) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 16; S.I. 2006/3364, art. 2(d)(e)

[^c2087007]: Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[^c2088117]: Ss. 8A 8B inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 69, 116; S.I. 2009/3096, art. 3(l) (with art. 4)

[^c2087011]: Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[^c2086743]: Words in s. 9(5) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 16; S.I. 2006/3364, art. 2(d)(e)

[^c2087012]: Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[^c2087013]: Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[^c2086751]: S. 11(1)(i) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 3(1)(a); S.I. 2006/3364, art. 2(d)(e)

[^c2087014]: Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[^c2087015]: Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[^c2087016]: Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[^c2086755]: Words in s. 14 substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 2(1); S.I. 2006/3364, art. 2(d)(e)

[^c2087017]: Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[^c2087018]: Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[^c2087019]: Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[^c2087020]: Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[^c2087021]: Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[^c2087022]: Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[^c2087023]: Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[^c2086744]: Words in s. 21(5) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 16; S.I. 2006/3364, art. 2(d)(e)

[^c2087010]: Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[^c2086761]: S. 19A inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 3(2); S.I. 2006/3364, art. 2(d)(e)

[^c2087026]: Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[^c2088123]: Words in s. 23(2) substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 71(2), 116; S.I. 2009/3096, art. 3(n) (with art. 4)

[^c2087027]: Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[^c2088119]: Words in s. 23(1) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 71(3)(a), 116; S.I. 2009/3096, art. 3(n) (with art. 4)

[^c2088121]: Words in s. 23(2) substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 71(3)(b), 116; S.I. 2009/3096, art. 3(n) (with art. 4)

[^c2086763]: S. 23(3) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 7; S.I. 2006/3364, art. 2(d)(e)

[^c2087028]: Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[^c2086749]: Words in s. 24(3) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 16; S.I. 2006/3364, art. 2(d)(e)

[^c2087029]: Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[^c2087025]: Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[^c2087031]: Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[^c2087032]: Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[^c2087033]: Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[^c2087034]: Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[^c2086767]: S. 29(7)(8) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 8(1); S.I. 2006/3364, art. 2(d)(e)

[^c2087035]: Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[^c2086750]: Words in s. 30(3) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 16; S.I. 2006/3364, art. 2(d)(e)

[^c2086771]: S. 30(4)(b) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 8(2)(a); S.I. 2006/3364, art. 2(d)(e)

[^c2087942]: Words in s. 30 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(4)(a); S.I. 2009/1604, art. 2(d)

[^c2086773]: Words in s. 30(4)(c) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 8(2)(b); S.I. 2006/3364, art. 2(d)(e)

[^c2087036]: Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[^c2087037]: Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[^c2087951]: Words in s. 32 sidenote substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(2); S.I. 2009/1604, art. 2(d)

[^c2087953]: Words in s. 32(1) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(2); S.I. 2009/1604, art. 2(d)

[^c2087954]: Words in s. 32(3) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(2); S.I. 2009/1604, art. 2(d)

[^c2087955]: Words in s. 32(4)(b) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(2); S.I. 2009/1604, art. 2(d)