The Extradition Act 2003 (Part 3 Designation) Order 2003

Made18th December 2003

Coming into force1st January 2004

Whereas a draft of this Order has been approved by each House of Parliament;

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 142(9) of the Extradition Act 20031, hereby makes the following Order:

1

This Order may be cited as the Extradition Act 2003 (Part 3 Designation) Order 2003 and shall come into force on 1st January 2004.

2

1

A person of a description specified in paragraph (2) is an appropriate person for the purposes of section 142 of the Extradition Act 2003.

2

Those persons are—

a

any Inland Revenue officer, of grade B1 or above, attached to the Inland Revenue Extradition Group;

b

any member of the Serious Fraud Office designated by the Director of the Serious Fraud Office under section 1(7) of the Criminal Justice Act 19872;

c

the Director of Public Prosecutions, any Crown Prosecutor and any counsel or solicitor instructed by the Crown Prosecution Service for the purposes of the case concerned;

d

the Commissioners of Customs and Excise.

Caroline FlintParliamentary Under-Secretary of StateHome Office18th December 2003

(This note is not part of the Order)

Part 3 of the Extradition Act 2003 sets out the procedures for making outgoing extradition requests from the United Kingdom. A Part 3 warrant is an extradition request made to a category 1 territory. Section 142 allows a judge to issue a Part 3 warrant on application by a constable or an appropriate person. Article 2 specifies descriptions of persons who are “appropriate persons” for these purposes.