Police and Justice Act 2006

Restriction on extradition following transfer from International Criminal Court

3(1)In section 11 (bars to extradition)—

(a)after paragraph (h) of subsection (1) there is inserted—

“(i)the person’s earlier transfer to the United Kingdom by the International Criminal Court.”;

(b)in subsection (2), for “Sections 12 to 19” there is substituted “Sections 12 to 19A”.

(2)After section 19 there is inserted—

“19AEarlier transfer to United Kingdom by International Criminal Court

(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.”

(3)In section 93 (Secretary of State’s consideration of case), after paragraph (c) of subsection (2) there is inserted—

“(d)section 96A (earlier transfer to United Kingdom by International Criminal Court).”

(4)After section 96 there is inserted—

“96AEarlier transfer to United Kingdom by International Criminal Court

(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.”