Extradition Act 2003

Part 5Miscellaneous and general

British overseas territories

177Extradition from British overseas territories

(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;

(c)from a British overseas territory to a category 2 territory;

(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.

178Extradition to British overseas territories

(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;

(c)to a British overseas territory from a category 2 territory;

(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

179Competing claims to extradition

(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);

(c)the date when the warrant was issued and the date when the request was received;

(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.

180Proceedings on deferred warrant or request

(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.

(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.

181Proceedings where extradition deferred

(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.

(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.

Legal aid

182Legal advice, assistance and representation: England and Wales

In section 12(2) of the Access to Justice Act 1999 (c. 22) (meaning of “criminal proceedings”) for paragraph (c) substitute—

“(c)proceedings for dealing with an individual under the Extradition Act 2003,”.

183Legal aid: Scotland

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.

184Grant of free legal aid: Northern Ireland

(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 House of Lords.

(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

(c)counsel only.

185Free legal aid: supplementary

(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);

(c)Article 36(3) and (4) (rules);

(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 House of Lords must be paid by the Lord Chancellor.

(5)The fees and expenses paid under subsection (4) must not exceed the amount allowed by—

(a)the House of Lords, or

(b)such officer or officers of the House of Lords as may be prescribed by order of the House of Lords.

(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 by the Lord Chancellor, if the proceedings are under Part 1;

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

Re-extradition

186Re-extradition: preliminary

(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.

187Re-extradition hearing

(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;

(c)neither a category 1 territory nor 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 determining the appropriate judge for the purposes of this section.

188Re-extradition to category 1 territories

(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 was alleged to be unlawfully at large after conviction 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.

189Re-extradition to category 2 territories

(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 was alleged to be unlawfully at large after conviction of the relevant offence;

(c)the relevant offence were specified in the request;

(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

190Crown Prosecution Service: role in extradition proceedings

(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;”.

191Lord Advocate: role in extradition proceedings

(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.

192Northern Ireland DPP and Crown Solicitor: role in extradition proceedings

(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—

“31AConduct of extradition proceedings

(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

193Parties to international Conventions

(1)A territory may be designated by order made by the Secretary of State if—

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

(b)it is a party to an international Convention to which the United Kingdom is a party.

(2)This Act applies in relation to a territory designated by order under subsection (1) as if the territory were a category 2 territory.

(3)As applied to a territory by subsection (2), this Act has effect as if—

(a)sections 71(4), 73(5), 74(11)(b), 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 in relation to the territory in the order under subsection (1) designating the territory.

(4)Conduct may be specified in relation to a territory in an order under subsection (1) designating the territory only if it is conduct to which the relevant Convention applies.

(5)The relevant Convention is the Convention referred to in subsection (1)(b) which is specified in relation to the territory in the order under subsection (1) designating it.

Special extradition arrangements

194Special extradition arrangements

(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), 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

195Human rights: appropriate tribunal

(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

196Genocide, crimes against humanity and war crimes

(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

197Custody

(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.

(2)If a person in custody following his arrest under Part 1 or Part 2 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;

(c)he is so removed by sea or air.

(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;

(c)to convey him to the territory to which he is to be extradited under this Act.

(7)An appropriate person is—

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

(b)a constable.

198Bail: England and Wales

(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—

“1The 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—

“2BThe 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”.

199Bail: Scotland

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

“24ABail: extradition proceedings

(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.”

200Appeal against grant of bail

(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)after subsection (1) insert “or (1A)”;

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

(c)omit “such”.

(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)after “subsection (1)” insert “or (1A)”;

(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.”

201Remand to local authority accommodation

(1)Section 23 of the Children and Young Persons Act 1969 (c. 54) (remand to local authority accommodation) is amended as set out in subsections (2) to (11).

(2)In subsection (1) after “following provisions of this section” insert “(except subsection (1A))”.

(3)After subsection (1) insert—

“(1A)Where a court remands a child or young person in connection with extradition proceedings and he is not released on bail the remand shall be to local authority accommodation.”

(4)In subsection (4) after “subsections (5)” insert “, (5ZA)”.

(5)In subsection (5) after “security requirement” insert “in relation to a person remanded in accordance with subsection (1) above”.

(6)After subsection (5) insert—

“(5ZA)A court shall not impose a security requirement in relation to a person remanded in accordance with subsection (1A) above unless—

(a)he has attained the age of twelve and is of a prescribed description;

(b)one or both of the conditions set out in subsection (5ZB) below is satisfied; and

(c)the condition set out in subsection (5AA) below is satisfied.

(5ZB)The conditions mentioned in subsection (5ZA)(b) above are—

(a)that the conduct constituting the offence to which the extradition proceedings relate would if committed in the United Kingdom constitute an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more;

(b)that the person has previously absconded from the extradition proceedings or from proceedings in the United Kingdom or the requesting territory which relate to the conduct constituting the offence to which the extradition proceedings relate.

(5ZC)For the purposes of subsection (5ZB) above a person has absconded from proceedings if in relation to those proceedings—

(a)he has been released subject to a requirement to surrender to custody at a particular time and he has failed to surrender to custody at that time, or

(b)he has surrendered into the custody of a court and he has at any timeabsented himself from the court without its leave.”

(7)In subsection (5AA) for “subsection (5)” substitute “subsections (5) and (5ZA)”.

(8)In subsection (12) for the definition of “relevant court”substitute—

““relevant court”—

(a)in relation to a person remanded to local authority accommodation under subsection (1) above, means the court by which he was so remanded, or any magistrates'court having jurisdiction in the place where he is for the time being;

(b)in relation to a person remanded to local authority accommodation under subsection (1A) above, means the court by which he was so remanded.”

(9)In subsection (12) in the appropriate places insert—

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

““requesting territory” means the territory to which a person’s extradition is sought in extradition proceedings;”.

(10)In section 98(1)of the Crime and Disorder Act 1998 (c. 37) (modifications of section 23 of the Children and Young Persons Act 1969 (c. 54) in relation to 15 and 16 year old boys) after paragraph (b) insert “; and

(c)is not remanded in connection with proceedings under the Extradition Act 2003.”

Evidence

202Receivable documents

(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 other judicial authority of the territory;

(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 facsimile

(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.

204Part 1 warrant: transmission by other electronic means

(1)This section applies if a Part 1 warrant is issued and the information contained in the warrant —

(a)is transmitted to the designated authority by electronic means (other than by facsimile transmission), and

(b)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)This Act has effect as if the information received by the designated authority were the Part 1 warrant.

(3)A copy of the information received by the designated authority may be received in evidence as if it were the Part 1 warrant.

205Written statements and admissions

(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 proof

(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

207Extradition for more than one offence

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.

208National security

(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 House of Lords 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 or under a provisional warrant 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, 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 House of Lords 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.

209Reasonable force

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

210Rules of court

(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.

211Service of notices

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.

212Article 95 alerts: transitional provision

(1)This section applies in a case where an article 95 alert is issued before 1 January 2004 by an authority of a category 1 territory.

(2)In such a case, this Act applies as if—

(a)the alert were a Part 1 warrant issued by the authority;

(b)any information sent with the alert relating to the case were included in the warrant.

(3)As applied by subsection (2), this Act has effect with these modifications—

(a)in sections 2(7) and (8), 28(1), 30(1) and (4)(d), 32(2)(b), 33(6)(b), 35(4)(b), 36(3)(b), 47(3)(b), 49(3)(b), 190(3) and 191(2)(a) for “authority which issued the Part 1 warrant” substitute “authority at the request of which the alert was issued”;

(b)omit section 5;

(c)in sections 33(4)(b), 42(2)(a), 43(2)(a) and (4) and 61(1)(d) and (e), for “authority which issued the warrant” substitute “authority at the request of which the alert was issued”;

(d)in section 66(2), for the words from “believes” to the end substitute “believes is the authority at the request of which the alert was issued”.

(4)An article 95 alert is an alert issued pursuant to article 95 of the Convention implementing the Schengen agreement of 14th June 1985.

Interpretation

213Disposal of Part 1 warrant and extradition request

(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 an appeal to the High Court ends, if notice is not given before the end of that period;

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

(c)when the decision of the House of Lords on an appeal is made, if there is such an 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 House of Lords ends, if there is no such application;

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

(c)when the House of Lords refuses leave to appeal to it;

(d)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 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) and (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.

214Disposal of charge

(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 House of Lords against that decision;

(e)when the decision of the House of Lords 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 House of Lords ends, if there is no such application;

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

(c)when the House of Lords refuses leave to appeal to it;

(d)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 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.

215European framework list

(1)The European framework list is the list of conduct set out in Schedule 2.

(2)The Secretary of State may by order amend Schedule 2 for the purpose of ensuring that the list of conduct set out in the Schedule corresponds to the list of conduct set out in article 2.2 of the European framework decision.

(3)The European framework decision is the framework decision of the Council of the European Union made on 13 June 2002 on the European arrest warrant and the surrender procedures between member states (2002/584/JHA).

216Other interpretative provisions

(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.

(3)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.

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

(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.

(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).

(13)A service policeman is a member of the Royal Navy Regulating Branch, the Royal Marines Police, the Royal Military Police or the Royal Air Force Police.

(14)The Provost Marshal of the Royal Air Force and any officer appointed to exercise the functions conferred on provost officers by the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) are to be taken to be members of the Royal Air Force Police for the purposes of subsection (13).

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

General

217Form of documents

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

218Existing legislation on extradition

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).

219Amendments

(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.

220Repeals

Schedule 4 contains repeals.

221Commencement

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

222Channel Islands and Isle of Man

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.

223Orders and regulations

(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;

(c)regulations 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;

(c)an order deferring a person’s extradition in pursuance of 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.

(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 69(1);

• section 71(4);

• section 73(5);

• section 74(11)(b);

• section 84(7);

• section 86(7);

• section 142(9);

• section 173(4);

• section 215(2);

(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.

(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.

224Orders in Council

(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.

225Finance

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.

226Extent

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

(2)Sections 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.

227Short title

This Act may be cited as the Extradition Act 2003.