Office of Public Sector Information
PART 4 continued
“(11) Nothing in this section applies to a person arrested under an extradition arrest power.”
(5) In section 64A (photographing of suspects etc.) at the end insert—
“(7) Nothing in this section applies to a person arrested under an extradition arrest power.”
(6) In section 65 (interpretation of Part 5) after the definition of “appropriate consent” insert—
““extradition arrest power” means any of the following—
(a) a Part 1 warrant (within the meaning given by the Extradition Act 2003) in respect of which a certificate under section 2 of that Act has been issued;
(b) section 5 of that Act;
(c) a warrant issued under section 71 of that Act;
(d) a provisional warrant (within the meaning given by that Act).”
(1) The Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/ 1341 (N.I. 12)) is amended as follows.
(2) In Article 55A (searches and examination to ascertain identity) at the end insert—
“(13) Nothing in this Article applies to a person arrested under an extradition arrest power.”
(3) In Article 61 (fingerprinting) at the end insert—
“(10) Nothing in this Article applies to a person arrested under an extradition arrest power.”
(4) In Article 63 (non-intimate samples) at the end insert—
“(12) Nothing in this Article applies to a person arrested under an extradition arrest power.”
(5) In Article 64A (photographing of suspects etc.) at the end insert—
“(7) Nothing in this Article applies to a person arrested under an extradition arrest power.”
(6) In Article 53 (interpretation) after the definition of “drug trafficking” and “drug trafficking offence” insert—
““extradition arrest power” means any of the following—
(a) a Part 1 warrant (within the meaning given by the Extradition Act 2003) in respect of which a certificate under section 2 of that Act has been issued;
(b) section 5 of that Act;
(c) a warrant issued under section 71 of that Act;
(d) a provisional warrant (within the meaning given by that Act).”
(1) This section applies in relation to cases where a person—
(a) is arrested under an extradition arrest power at a police station;
(b) is taken to a police station after being arrested elsewhere under an extradition arrest power;
(c) is detained at a police station after being arrested under an extradition arrest power.
(2) In relation to those cases the Secretary of State may by order apply the provisions mentioned in subsections (3) and (4) with specified modifications.
(3) The provisions are these provisions of the Police and Criminal Evidence Act 1984 (c. 60)—
(a) section 54 (searches of detained persons);
(b) section 55 (intimate searches);
(c) section 56 (right to have someone informed when arrested);
(d) section 58 (access to legal advice).
(4) The provisions are these provisions of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))—
(a) Article 55 (searches of detained persons);
(b) Article 56 (intimate searches);
(c) Article 57 (right to have someone informed when arrested);
(d) Article 59 (access to legal advice).
(1) This section applies to—
(a) anything which has been seized or produced under this Part, or
(b) anything which has been seized under section 50 or 51 of the Criminal Justice and Police Act 2001 (c. 16) in reliance on a power of seizure conferred by this Part.
(2) A constable may deliver any such thing to a person who is or is acting on behalf of an authority if the constable has reasonable grounds for believing that the authority—
(a) is an authority of the relevant territory, and
(b) has functions such that it is appropriate for the thing to be delivered to it.
(3) If the relevant seizure power was a warrant issued under this Part, or the thing was produced under an order made under this Part, the relevant territory is the category 1 or category 2 territory specified in the application for the warrant or order.
(4) If the relevant seizure power was section 161(4), 162(6) or (7), 163(6) or (7) or 164(6) or (7), the relevant territory is—
(a) the territory in which the Part 1 warrant was issued, in a case where the applicable extradition arrest power is a Part 1 warrant in respect of which a certificate under section 2 has been issued;
(b) the territory in which a constable has reasonable grounds for believing that a Part 1 warrant has been or will be issued, in a case where the applicable extradition arrest power is section 5;
(c) the territory to which a person’s extradition is requested, in a case where the applicable extradition arrest power is a warrant issued under section 71;
(d) the territory in which a person is accused of the commission of an offence or has been convicted of an offence, in a case where the applicable extradition arrest power is a provisional warrant.
(5) The applicable extradition arrest power is—
(a) the extradition arrest power under which a constable had a power of arrest, if the relevant seizure power was section 161(4);
(b) the extradition arrest power under which a person was arrested, if the relevant seizure power was section 162(6) or (7), 163(6) or (7) or 164(6) or (7).
(6) The relevant seizure power is—
(a) the power under which the thing was seized, or
(b) the power in reliance on which the thing was seized under section 50 or 51 of the Criminal Justice and Police Act 2001 (c. 16).
(7) Subsection (1)(a) applies to Scotland with the insertion after “Part” of “(so far as it applies to Scotland) or for the purposes of this Act (as it so applies) by virtue of any enactment or rule of law”.
(8) Subsection (2) applies to Scotland with the substitution of “procurator fiscal” for “constable”.
(9) In subsection (7) “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
(1) The Secretary of State must issue codes of practice in connection with—
(a) the exercise of the powers conferred by this Part;
(b) the retention, use and return of anything seized or produced under this Part;
(c) access to and the taking of photographs and copies of anything so seized or produced;
(d) the retention, use, disclosure and destruction of fingerprints, a sample or a photograph taken under this Part.
(2) If the Secretary of State proposes to issue a code of practice under this section he must—
(a) publish a draft of the code;
(b) consider any representations made to him about the draft;
(c) if he thinks it appropriate, modify the draft in the light of any such representations.
(3) The Secretary of State must lay the code before Parliament.
(4) When he has done so he may bring the code into operation by order.
(5) The Secretary of State may revise the whole or any part of a code issued under this section and issue the code as revised; and subsections (2) to (4) apply to such a revised code as they apply to the original code.
(6) A failure by a constable to comply with a provision of a code issued under this section does not of itself make him liable to criminal or civil proceedings.
(7) A code issued under this section is admissible in evidence in proceedings under this Act and must be taken into account by a judge or court in determining any question to which it appears to the judge or the court to be relevant.
(8) If the Secretary of State publishes a draft code of practice in connection with a matter specified in subsection (1) before the date on which this section comes into force—
(a) the draft is as effective as one published under subsection (2) on or after that date;
(b) representations made to the Secretary of State about the draft before that date are as effective as representations made to him about it after that date;
(c) modifications made by the Secretary of State to the draft in the light of any such representations before that date are as effective as any such modifications made by him on or after that date.
(1) Subsections (2) to (8) apply for the purposes of this Part.
(2) Each of these is an extradition arrest power—
(a) a Part 1 warrant in respect of which a certificate under section 2 has been issued;
(b) section 5;
(c) a warrant issued under section 71;
(d) a provisional warrant.
(3) “Excluded material”—
(a) in England and Wales, has the meaning given by section 11 of the 1984 Act;
(b) in Northern Ireland, has the meaning given by Article 13 of the 1989 Order.
(4) “Items subject to legal privilege”—
(a) in England and Wales, has the meaning given by section 10 of the 1984 Act;
(b) in Scotland, has the meaning given by section 412 of the 2002 Act;
(c) in Northern Ireland, has the meaning given by Article 12 of the 1989 Order.
(5) “Premises”—
(a) in England and Wales, has the meaning given by section 23 of the 1984 Act;
(b) in Scotland, has the meaning given by section 412 of the 2002 Act;
(c) in Northern Ireland, has the meaning given by Article 25 of the 1989 Order.
(6) “Special procedure material”—
(a) in England and Wales, has the meaning given by section 14 of the 1984 Act;
(b) in Northern Ireland, has the meaning given by Article 16 of the 1989 Order.
(7) The expressions in subsection (8) have the meanings given—
(a) in England and Wales, by section 65 of the 1984 Act;
(b) in Northern Ireland, by Article 53 of the 1989 Order.
(8) The expressions are—
(a) appropriate consent;
(b) fingerprints;
(c) intimate search;
(d) non-intimate sample.
(9) The 1984 Act is the Police and Criminal Evidence Act 1984 (c. 60).
(10) The 1989 Order is the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).
(11) The 2002 Act is the Proceeds of Crime Act 2002 (c. 29).
The Treasury may by order provide for any provision of this Part which applies in relation to police officers or persons arrested by police officers to apply with specified modifications in relation to customs officers or persons arrested by customs officers.
The Secretary of State may by order provide for any provision of this Part which applies in relation to police officers or persons arrested by police officers to apply with specified modifications in relation to service policemen or persons arrested by service policemen.
Amended by correction slip on 22 December 2003
Extradition Act 2003