SCHEDULES

Sections 188 and 189

SCHEDULE 1Re-extradition: modifications

Part 1Category 1 territories

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

2Omit sections 14, 18 and 19.

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

4In section 31(2), for paragraphs (a) and (b) substitute “would (apart from section 187(1)) be released from detention pursuant to the UK sentence (whether or not on licence)”.

5In section 39(2)(a), for “a certificate is issued under section 2 in respect of the warrant” substitute “the person would (apart from section 187(1)) be released from detention pursuant to the UK sentence (whether or not on licence)”.

6In section 44(2)(a), for “following his arrest under this Part” substitute “under section 187(1)”.

7In section 45(1), for the words from “arrested” to “issued” substitute “brought before the appropriate judge under section 187(1) may consent to his extradition to the territory in which the overseas sentence was imposed”.

Part 2Category 2 territories

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

9In section 78, for subsection (4) substitute—

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

10In section 78(6), for “any of the questions” substitute “the question”.

11In section 78(7), for “those questions” substitute “that question”.

12In section 79(1), omit paragraph (c).

13Omit section 82.

14In section 87(3), for the words from “must send the case” to “extradited” substitute “may order the person to be extradited to the category 2 territory”.

15In section 87, after subsection (3) insert—

“(4)If the judge makes an order under subsection (3) he must remand the person in custody or on bail to wait for his extradition to the territory.

(5)If the judge remands the person in custody he may later grant bail.”

16In section 103(1)—

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

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

17In section 103(2), for the words from “the person” to “the Secretary of State” substitute “the order is made under section 128”.

18In section 103, omit subsections (3), (5), (6), (7) and (8).

19In section 103(9), for the words from “the Secretary of State” to “person” substitute “the order is made”.

20In section 104, omit subsections (1)(b), (6) and (7).

21In section 106, omit subsections (1)(b), (7) and (8).

22In section 117(1)(a), for “the Secretary of State” substitute “the appropriate judge”.

23In section 117(1)(b), for the words from “permitted period” to “extradition” substitute “period permitted under that section”.

24In section 117, after subsection (1) insert—

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

25In section 117(2), for “the Secretary of State” substitute “the judge”.

26In section 119(1)(a), for “the Secretary of State” substitute “the appropriate judge”.

27In section 119, in subsections (2) to (6) and in each place in subsection (7), for “the Secretary of State” substitute “the judge”.

28In section 120, after subsection (1) insert—

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

29In section 121(2)(a), for “a certificate is issued under section 70 in respect of the request” substitute “the person would (apart from section 187(1)) be released from detention pursuant to the UK sentence (whether or not on licence)”.

30In section 127(1), for the words from “arrested” to “requested” substitute “brought before the appropriate judge under section 187(1) may consent to his extradition to the territory in which the overseas sentence was imposed”.

31In section 127(3), before paragraph (a) insert—

“(aa)must be given before the appropriate judge;”.

32In section 127, omit subsections (4) and (5).

33In section 128, after subsection (1) insert—

“(1A)The judge must remand the person in custody or on bail.

(1B)If the judge remands the person in custody he may later grant bail.”

34In section 128(4), for the words from “send the case” to “extradited” substitute “within the period of 10 days starting with the day on which consent is given order the person’s extradition to the category 2 territory”.

35In section 128, after subsection (5) insert—

“(6)Subsection (4) has effect subject to section 128B.

(7)If subsection (4) is not complied with and the person applies to the judge to be discharged the judge must order his discharge.”

36After section 128 insert—

“128AExtradition to category 2 territory following consent

(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.

128BExtradition claim following consent

(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 judge remands the person in custody he 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.

128CExtradition following deferral for competing claim

(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.”

Section 215

SCHEDULE 2European framework list

1Participation in a criminal organisation.

2Terrorism.

3Trafficking in human beings.

4Sexual exploitation of children and child pornography.

5Illicit trafficking in narcotic drugs and psychotropic substances.

6Illicit trafficking in weapons, munitions and explosives.

7Corruption.

8Fraud, including that affecting the financial interests of the European Communities within the meaning of the Convention of 26 July 1995 on the protection of the European Communities' financial interests.

9Laundering of the proceeds of crime.

10Counterfeiting currency, including of the euro.

11Computer-related crime.

12Environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties.

13Facilitation of unauthorised entry and residence.

14Murder, grievous bodily injury.

15Illicit trade in human organs and tissue.

16Kidnapping, illegal restraint and hostage-taking.

17Racism and xenophobia.

18Organised or armed robbery.

19Illicit trafficking in cultural goods, including antiques and works of art.

20Swindling.

21Racketeering and extortion.

22Counterfeiting and piracy of products.

23Forgery of administrative documents and trafficking therein.

24Forgery of means of payment.

25Illicit trafficking in hormonal substances and other growth promoters.

26Illicit trafficking in nuclear or radioactive materials.

27Trafficking in stolen vehicles.

28Rape.

29Arson.

30Crimes within the jurisdiction of the International Criminal Court.

31Unlawful seizure of aircraft/ships.

32Sabotage.

Section 219

SCHEDULE 3Amendments

Introduction

1The amendments specified in this Schedule shall have effect.

Parliamentary Commissioner Act 1967 (c. 13)

2In Schedule 3 to the Parliamentary Commissioner Act 1967 (c. 13) (matters not subject to investigation) for paragraph 4 substitute—

“4Action taken by the Secretary of State under the Extradition Act 2003.”

Criminal Justice Act 1967 (c. 80)

3Section 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)

4Sections 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.

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

“5Power to apply section 4 to non-convention countries

(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)

6Section 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)

7Section 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)

8Section 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)

9In 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)

10Section 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)

11Section 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)

12Section 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—

“7In 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)

14Section 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.

Section 220

SCHEDULE 4Repeals