Search Legislation

Extradition Act 2003

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Other miscellaneous provisions

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Extradition Act 2003, Cross Heading: Other miscellaneous provisions. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Other miscellaneous provisionsU.K.

Commencement Information

I1Act 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))

207Extradition for more than one offenceU.K.

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.

Commencement Information

I2Act 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))

208National securityU.K.

(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 [F1Supreme Court]F1 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 [F2, 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, [F3, 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 [F1Supreme Court]F1 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);

(c)an order under subsection (7).

(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.

[F4(13)In this section, “appeal” includes an application for leave to appeal.]

Textual Amendments

Commencement Information

I3Act 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))

209Reasonable forceU.K.

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

Commencement Information

I4Act 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))

210Rules of courtU.K.

(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.

Commencement Information

I5Act 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))

211Service of noticesU.K.

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;

(c)by sending it by post in a letter addressed to him at his last known or usual place of abode.

Commencement Information

I6Act 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))

F5212Article 95 alerts: transitional provisionU.K.

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

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources