Extradition Act 2003

EvidenceU.K.

202Receivable documentsU.K.

(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 [F1officer]F1 of the territory;

[F2(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;]

F2(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.

203Documents sent by facsimileU.K.

(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.

[F3204Warrant issued by category 1 territory: transmission by other electronic meansU.K.

(1)This section applies if—

(a)an arrest warrant is issued by an authority of a category 1 territory F4...,

(b)the information contained in the warrant [F5is] transmitted to the designated authority by electronic means, and

(c)that information is received by the designated authority in [F6a form in which it is intelligible and which is capable of being used for subsequent reference].

F7(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 [F8subsection (1) —

F9(a)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10(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—

F11(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) references to information being transmitted by electronic means do not include facsimile transmission, F12 ...

F12( c ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

205Written statements and admissionsE+W+N.I.

(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;

(c)references to the trial were to the proceedings under this Act for the purposes of which the admission is made;

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

206Burden and standard of proofU.K.

(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.