Office of Public Sector Information
(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.
(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.
(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.
(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.
(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.
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,”.
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.
(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.
(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.
(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.
(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.
(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.
(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.
(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;”.
(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.
(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—
(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.
(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.
(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.
(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.
(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.
Extradition Act 2003