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PART 5 continued
(1) If a judge remands a person in custody under this Act, the person must be committed to the institution to which he would have been committed if charged with an offence before the judge.
(2) If a person in custody following his arrest under Part 1 or Part 2 escapes from custody, he may be retaken in any part of the United Kingdom in the same way as he could have been if he had been in custody following his arrest or apprehension under a relevant domestic warrant.
(3) A relevant domestic warrant is a warrant for his arrest or apprehension issued in the part of the United Kingdom in question in respect of an offence committed there.
(4) Subsection (5) applies if—
(a) a person is in custody in one part of the United Kingdom (whether under this Act or otherwise);
(b) he is required to be removed to another part of the United Kingdom after being remanded in custody under this Act;
(c) he is so removed by sea or air.
(5) The person must be treated as continuing in legal custody until he reaches the place to which he is required to be removed.
(6) An order for a person’s extradition under this Act is sufficient authority for an appropriate person—
(a) to receive him;
(b) to keep him in custody until he is extradited under this Act;
(c) to convey him to the territory to which he is to be extradited under this Act.
(7) An appropriate person is—
(a) a person to whom the order is directed;
(b) a constable.
(1) The Bail Act 1976 (c. 63) is amended as follows.
(2) In section 1(1) (meaning of “bail in criminal proceedings”) after paragraph (b) insert— “, or
(c) bail grantable in connection with extradition proceedings in respect of an offence.”
(3) In section 2(2) (other definitions) omit the definition of “proceedings against a fugitive offender” and in the appropriate places insert—
““extradition proceedings” means proceedings under the Extradition Act 2003;”;
““prosecutor”, in relation to extradition proceedings, means the person acting on behalf of the territory to which extradition is sought;”.
(4) In section 4 (general right to bail) in subsection (2) omit the words “or proceedings against a fugitive offender for the offence”.
(5) In section 4 after subsection (2) insert—
“(2A) This section also applies to a person whose extradition is sought in respect of an offence, when—
(a) he appears or is brought before a court in the course of or in connection with extradition proceedings in respect of the offence, or
(b) he applies to a court for bail or for a variation of the conditions of bail in connection with the proceedings.
(2B) But subsection (2A) above does not apply if the person is alleged to be unlawfully at large after conviction of the offence.”
(6) In section 5B (reconsideration of decisions granting bail) for subsection (1) substitute—
“(A1) This section applies in any of these cases—
(a) a magistrates' court has granted bail in criminal proceedings in connection with an offence to which this section applies or proceedings for such an offence;
(b) a constable has granted bail in criminal proceedings in connection with proceedings for such an offence;
(c) a magistrates' court or a constable has granted bail in connection with extradition proceedings.
(1) The court or the appropriate court in relation to the constable may, on application by the prosecutor for the decision to be reconsidered—
(a) vary the conditions of bail,
(b) impose conditions in respect of bail which has been granted unconditionally, or
(c) withhold bail.”
(7) In section 7 (liability to arrest for absconding or breaking conditions of bail) after subsection (1) insert—
“(1A) Subsection (1B) applies if—
(a) a person has been released on bail in connection with extradition proceedings,
(b) the person is under a duty to surrender into the custody of a constable, and
(c) the person fails to surrender to custody at the time appointed for him to do so.
(1B) A magistrates' court may issue a warrant for the person’s arrest.”
(8) In section 7(4) omit the words from “In reckoning” to “Sunday”.
(9) In section 7 after subsection (4) insert—
“(4A) A person who has been released on bail in connection with extradition proceedings and is under a duty to surrender into the custody of a constable may be arrested without warrant by a constable on any of the grounds set out in paragraphs (a) to (c) of subsection (3).
(4B) A person arrested in pursuance of subsection (4A) above shall be brought as soon as practicable and in any event within 24 hours after his arrest before a justice of the peace for the petty sessions area in which he was arrested.”
(10) In section 7(5) after “subsection (4)” insert “or (4B)”.
(11) In section 7 after subsection (6) insert—
“(7) In reckoning for the purposes of this section any period of 24 hours, no account shall be taken of Christmas Day, Good Friday or any Sunday.”
(12) In Part 1 of Schedule 1 (defendants accused or convicted of imprisonable offences) for paragraph 1 substitute—
“1 The following provisions of this Part of this Schedule apply to the defendant if—
(a) the offence or one of the offences of which he is accused or convicted in the proceedings is punishable with imprisonment, or
(b) his extradition is sought in respect of an offence.”
(13) In Part 1 of Schedule 1 after paragraph 2A insert—
“2B The defendant need not be granted bail in connection with extradition proceedings if—
(a) the conduct constituting the offence would, if carried out by the defendant in England and Wales, constitute an indictable offence or an offence triable either way; and
(b) it appears to the court that the defendant was on bail on the date of the offence.”
(14) In Part 1 of Schedule 1 in paragraph 6 after “the offence” insert “or the extradition proceedings”.
After section 24 of the Criminal Procedure (Scotland) Act 1995 (c. 46) (bail and bail conditions) insert—
(1) In the application of the provisions of this Part by virtue of section 9(2) or 77(2) of the Extradition Act 2003 (judge’s powers at extradition hearing), those provisions apply with the modifications that—
(a) references to the prosecutor are to be read as references to a person acting on behalf of the territory to which extradition is sought;
(b) the right of the Lord Advocate mentioned in section 24(2) of this Act applies to a person subject to extradition proceedings as it applies to a person charged with any crime or offence;
(c) the following do not apply—
(i) paragraph (b) of section 24(3); and
(ii) subsection (3) of section 30; and
(d) sections 28(1) and 33 apply to a person subject to extradition proceedings as they apply to an accused.
(2) Section 32 of this Act applies in relation to a refusal of bail, the amount of bail or a decision to allow bail or ordain appearance in proceedings under this Part as the Part applies by virtue of the sections of that Act of 2003 mentioned in subsection (1) above.
(3) The Scottish Ministers may, by order, for the purposes of section 9(2) or 77(2) of the Extradition Act 2003 make such amendments to this Part as they consider necessary or expedient.
(4) The order making power in subsection (3) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.”
(1) Section 1 of the Bail (Amendment) Act 1993 (c. 26) (prosecution right of appeal against grant of bail) is amended as follows.
(2) After subsection (1) insert—
“(1A) Where a magistrates' court grants bail to a person in connection with extradition proceedings, the prosecution may appeal to a judge of the Crown Court against the granting of bail.”
(3) In subsection (3) for “Such an appeal” substitute “An appeal under subsection (1) or (1A)”.
(4) In subsection (4)—
(a) after subsection (1) insert “or (1A)”;
(b) for “magistrates' court” substitute “court which has granted bail”;
(c) omit “such”.
(5) In subsection (5) for “magistrates' court” substitute “court which has granted bail”.
(6) In subsection (6) for “magistrates' court” substitute “court which has granted bail”.
(7) In subsection (8)—
(a) after “subsection (1)” insert “or (1A)”;
(b) omit “magistrates'”.
(8) In subsection (10)(b) for “reference in subsection (5) above to remand in custody is” substitute “references in subsections (6) and (9) above to remand in custody are”.
(9) After subsection (11) insert—
“(12) In this section—
“extradition proceedings” means proceedings under the Extradition Act 2003;
“magistrates' court” and “court” in relation to extradition proceedings means a District Judge (Magistrates' Courts) designated for the purposes of Part 1 or Part 2 of the Extradition Act 2003 by the Lord Chancellor;
“prosecution” in relation to extradition proceedings means the person acting on behalf of the territory to which extradition is sought.”
(1) Section 23 of the Children and Young Persons Act 1969 (c. 54) (remand to local authority accommodation) is amended as set out in subsections (2) to (11).
(2) In subsection (1) after “following provisions of this section” insert “(except subsection (1A))”.
(3) After subsection (1) insert—
“(1A) Where a court remands a child or young person in connection with extradition proceedings and he is not released on bail the remand shall be to local authority accommodation.”
(4) In subsection (4) after “subsections (5)” insert “, (5ZA)”.
(5) In subsection (5) after “security requirement” insert “in relation to a person remanded in accordance with subsection (1) above”.
(6) After subsection (5) insert—
“(5ZA) A court shall not impose a security requirement in relation to a person remanded in accordance with subsection (1A) above unless—
(a) he has attained the age of twelve and is of a prescribed description;
(b) one or both of the conditions set out in subsection (5ZB) below is satisfied; and
(c) the condition set out in subsection (5AA) below is satisfied.
(5ZB) The conditions mentioned in subsection (5ZA)(b) above are—
(a) that the conduct constituting the offence to which the extradition proceedings relate would if committed in the United Kingdom constitute an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more;
(b) that the person has previously absconded from the extradition proceedings or from proceedings in the United Kingdom or the requesting territory which relate to the conduct constituting the offence to which the extradition proceedings relate.
(5ZC) For the purposes of subsection (5ZB) above a person has absconded from proceedings if in relation to those proceedings—
(a) he has been released subject to a requirement to surrender to custody at a particular time and he has failed to surrender to custody at that time, or
(b) he has surrendered into the custody of a court and he has at any timeabsented himself from the court without its leave.”
(7) In subsection (5AA) for “subsection (5)” substitute “subsections (5) and (5ZA)”.
(8) In subsection (12) for the definition of “relevant court”substitute—
““relevant court”—
(a) in relation to a person remanded to local authority accommodation under subsection (1) above, means the court by which he was so remanded, or any magistrates'court having jurisdiction in the place where he is for the time being;
(b) in relation to a person remanded to local authority accommodation under subsection (1A) above, means the court by which he was so remanded.”
(9) In subsection (12) in the appropriate places insert—
““extradition proceedings” means proceedings under the Extradition Act 2003;”;
““requesting territory” means the territory to which a person’s extradition is sought in extradition proceedings;”.
(10) In section 98(1)of the Crime and Disorder Act 1998 (c. 37) (modifications of section 23 of the Children and Young Persons Act 1969 (c. 54) in relation to 15 and 16 year old boys) after paragraph (b) insert “; and
(c) is not remanded in connection with proceedings under the Extradition Act 2003.”
(1) A Part 1 warrant may be received in evidence in proceedings under this Act.
(2) Any other document issued in a category 1 territory may be received in evidence in proceedings under this Act if it is duly authenticated.
(3) A document issued in a category 2 territory may be received in evidence in proceedings under this Act if it is duly authenticated.
(4) A document issued in a category 1 or category 2 territory is duly authenticated if (and only if) one of these applies—
(a) it purports to be signed by a judge, magistrate or other judicial authority of the territory;
(b) it purports to be authenticated by the oath or affirmation of a witness.
(5) Subsections (2) and (3) do not prevent a document that is not duly authenticated from being received in evidence in proceedings under this Act.
(1) This section applies if a document to be sent in connection with proceedings under this Act is sent by facsimile transmission.
(2) This Act has effect as if the document received by facsimile transmission were the document used to make the transmission.
(1) This section applies if a Part 1 warrant is issued and the information contained in the warrant —
(a) is transmitted to the designated authority by electronic means (other than by facsimile transmission), and
(b) is received by the designated authority in a form in which it is intelligible and which is capable of being used for subsequent reference.
(2) This Act has effect as if the information received by the designated authority were the Part 1 warrant.
(3) A copy of the information received by the designated authority may be received in evidence as if it were the Part 1 warrant.
(1) The provisions mentioned in subsection (2) apply in relation to proceedings under this Act as they apply in relation to proceedings for an offence.
(2) The provisions are—
(a) section 9 of the Criminal Justice Act 1967 (c. 80) (proof by written statement in criminal proceedings);
(b) section 10 of the Criminal Justice Act 1967 (proof by formal admission in criminal proceedings);
(c) section 1 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (c. 28) (proof by written statement in criminal proceedings);
(d) section 2 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (proof by formal admission in criminal proceedings).
(3) As applied by subsection (1) in relation to proceedings under this Act, section 10 of the Criminal Justice Act 1967 and section 2 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 have effect as if—
(a) references to the defendant were to the person whose extradition is sought (or who has been extradited);
(b) references to the prosecutor were to the category 1 or category 2 territory concerned;
(c) references to the trial were to the proceedings under this Act for the purposes of which the admission is made;
(d) references to subsequent criminal proceedings were to subsequent proceedings under this Act.
(1) This section applies if, in proceedings under this Act, a question arises as to burden or standard of proof.
(2) The question must be decided by applying any enactment or rule of law that would apply if the proceedings were proceedings for an offence.
(3) Any enactment or rule of law applied under subsection (2) to proceedings under this Act must be applied as if—
(a) the person whose extradition is sought (or who has been extradited) were accused of an offence;
(b) the category 1 or category 2 territory concerned were the prosecution.
(4) Subsections (2) and (3) are subject to any express provision of this Act.
(5) In this section “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
The Secretary of State may by order provide for this Act to have effect with specified modifications in relation to a case where—
(a) a Part 1 warrant is issued in respect of more than one offence;
(b) a request for extradition is made in respect of more than one offence.
(1) This section applies if the Secretary of State believes that the conditions in subsections (2) to (4) are satisfied in relation to a person.
(2) The first condition is that the person’s extradition is sought or will be sought under Part 1 or Part 2 in respect of an offence.
(3) The second condition is that—
(a) in engaging in the conduct constituting (or alleged to constitute) the offence the person was acting for the purpose of assisting in the exercise of a function conferred or imposed by or under an enactment, or
(b) as a result of an authorisation given by the Secretary of State the person is not liable under the criminal law of any part of the United Kingdom for the conduct constituting (or alleged to constitute) the offence.
(4) The third condition is that the person’s extradition in respect of the offence would be against the interests of national security.
(5) The Secretary of State may certify that the conditions in subsections (2) to (4) are satisfied in relation to the person.
(6) If the Secretary of State issues a certificate under subsection (5) he may—
(a) direct that a Part 1 warrant issued in respect of the person and in respect of the offence is not to be proceeded with, or
(b) direct that a request for the person’s extradition in respect of the offence is not to be proceeded with.
(7) If the Secretary of State issues a certificate under subsection (5) he may order the person’s discharge (instead of or in addition to giving a direction under subsection (6)).
(8) These rules apply if the Secretary of State gives a direction under subsection (6)(a) in respect of a warrant—
(a) if the designated authority has not issued a certificate under section 2 in respect of the warrant it must not do so;
(b) if the person is arrested under the warrant or under section 5 there is no requirement for him to be brought before the appropriate judge and he must be discharged;
(c) if the person is brought before the appropriate judge under section 4 or 6 the judge is no longer required to proceed or continue proceeding under sections 7 and 8;
(d) if the extradition hearing has begun the judge is no longer required to proceed or continue proceeding under sections 10 to 25;
(e) if the person has consented to his extradition, the judge is no longer required to order his extradition;
(f) if an appeal to the High Court or House of Lords has been brought, the court is no longer required to hear or continue hearing the appeal;
(g) if the person’s extradition has been ordered there is no requirement for him to be extradited.
(9) These rules apply if the Secretary of State gives a direction under subsection (6)(b) in respect of a request—
(a) if he has not issued a certificate under section 70 in respect of the request he is no longer required to do so;
(b) if the person is arrested under a warrant issued under section 71 or under a provisional warrant there is no requirement for him to appear or be brought before the appropriate judge and he must be discharged;
(c) if the person appears or is brought before the appropriate judge the judge is no longer required to proceed or continue proceeding under sections 72, 74, 75 and 76;
(d) if the extradition hearing has begun the judge is no longer required to proceed or continue proceeding under sections 78 to 91;
(e) if the person has given his consent to his extradition to the appropriate judge, the judge is no longer required to send the case to the Secretary of State for his decision whether the person is to be extradited;
(f) if an appeal to the High Court or House of Lords has been brought, the court is no longer required to hear or continue hearing the appeal;
(g) if the person’s extradition has been ordered there is no requirement for him to be extradited.
(10) These must be made under the hand of the Secretary of State—
(a) a certificate under subsection (5);
(b) a direction under subsection (6);
(c) an order under subsection (7).
(11) The preceding provisions of this section apply to Scotland with these modifications—
(a) in subsection (9)(a) for “he has” substitute “the Scottish Ministers have” and for “he is” substitute “they are”;
(b) in subsection (9)(e) for “Secretary of State for his” substitute “Scottish Ministers for their”.
(12) In subsection (3) the reference to an enactment includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
A person may use reasonable force, if necessary, in the exercise of a power conferred by this Act.
(1) Rules of court may make provision as to the practice and procedure to be followed in connection with proceedings under this Act.
(2) In Scotland any rules of court under this Act are to be made by Act of Adjournal.
Service of a notice on a person under section 54, 56, 58, 129, 130 or 131 may be effected in any of these ways—
(a) by delivering the notice to the person;
(b) by leaving it for him with another person at his last known or usual place of abode;
(c) by sending it by post in a letter addressed to him at his last known or usual place of abode.
(1) This section applies in a case where an article 95 alert is issued before 1 January 2004 by an authority of a category 1 territory.
(2) In such a case, this Act applies as if—
(a) the alert were a Part 1 warrant issued by the authority;
(b) any information sent with the alert relating to the case were included in the warrant.
(3) As applied by subsection (2), this Act has effect with these modifications—
(a) in sections 2(7) and (8), 28(1), 30(1) and (4)(d), 32(2)(b), 33(6)(b), 35(4)(b), 36(3)(b), 47(3)(b), 49(3)(b), 190(3) and 191(2)(a) for “authority which issued the Part 1 warrant” substitute “authority at the request of which the alert was issued”;
(b) omit section 5;
(c) in sections 33(4)(b), 42(2)(a), 43(2)(a) and (4) and 61(1)(d) and (e), for “authority which issued the warrant” substitute “authority at the request of which the alert was issued”;
(d) in section 66(2), for the words from “believes” to the end substitute “believes is the authority at the request of which the alert was issued”.
(4) An article 95 alert is an alert issued pursuant to article 95 of the Convention implementing the Schengen agreement of 14th June 1985.
(1) A Part 1 warrant issued in respect of a person is disposed of—
(a) when an order is made for the person’s discharge in respect of the warrant and there is no further possibility of an appeal;
(b) when the person is taken to be discharged in respect of the warrant;
(c) when an order is made for the person’s extradition in pursuance of the warrant and there is no further possibility of an appeal.
(2) A request for a person’s extradition is disposed of—
(a) when an order is made for the person’s discharge in respect of the request and there is no further possibility of an appeal;
(b) when the person is taken to be discharged in respect of the request;
(c) when an order is made for the person’s extradition in pursuance of the request and there is no further possibility of an appeal.
(3) There is no further possibility of an appeal against an order for a person’s discharge or extradition—
(a) when the period permitted for giving notice of an appeal to the High Court ends, if notice is not given before the end of that period;
(b) when the decision of the High Court on an appeal becomes final, if there is no appeal to the House of Lords against that decision;
(c) when the decision of the House of Lords on an appeal is made, if there is such an appeal.
(4) The decision of the High Court on an appeal becomes final—
(a) when the period permitted for applying to the High Court for leave to appeal to the House of Lords ends, if there is no such application;
(b) when the period permitted for applying to the House of Lords for leave to appeal to it ends, if the High Court refuses leave to appeal and there is no application to the House of Lords for leave to appeal;
(c) when the House of Lords refuses leave to appeal to it;
(d) at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the House of Lords is granted, if no such appeal is brought before the end of that period.
(5) These must be ignored for the purposes of subsections (3) and (4)—
(a) any power of a court to extend the period permitted for giving notice of appeal or for applying for leave to appeal;
(b) any power of a court to grant leave to take a step out of time.
(6) Subsections (3) to (5) do not apply to Scotland.
Extradition Act 2003