Section 42
1 (1) In section 2 (Part 1 warrant and certificate), in subsection (5)(a), for “is alleged to be unlawfully at large after conviction” there is substituted “has been convicted”.
(2) In section 70 (request and certificate for extradition to category 2 territory)—
(a) in subsection (3), after “subsection (4)” there is inserted “or the statement referred to in subsection (4A)”;
(b) for subsection (4) there is substituted—
“(4) The statement is one that—
(a) the person is accused in the category 2 territory of the commission of an offence specified in the request, and
(b) the request is made with a view to his arrest and extradition to the category 2 territory for the purpose of being prosecuted for the offence.
(4A) The statement is one that—
(a) the person has been convicted of an offence specified in the request by a court in the category 2 territory, and
(b) the request is made with a view to his arrest and extradition to the category 2 territory for the purpose of being sentenced for the offence or of serving a sentence of imprisonment or another form of detention imposed in respect of the offence.”
(3) In section 142 (issue of Part 3 warrant), in subsection (5)(a), for “is alleged to be unlawfully at large after conviction” there is substituted “has been convicted”.
2 (1) In section 14 (passage of time), for the words from “since” to the end there is substituted “since he is alleged to have—
(a) committed the extradition offence (where he is accused of its commission), or
(b) become unlawfully at large (where he is alleged to have been convicted of it)”.
(2) After section 68 there is inserted—
(1) A person is alleged to be unlawfully at large after conviction of an offence if—
(a) he is alleged to have been convicted of it, and
(b) his extradition is sought for the purpose of his being sentenced for the offence or of his serving a sentence of imprisonment or another form of detention imposed in respect of the offence.
(2) This section applies for the purposes of this Part, other than sections 14 and 63.”
(3) In section 82 (passage of time), for the words from “since” to the end there is substituted “since he is alleged to have—
(a) committed the extradition offence (where he is accused of its commission), or
(b) become unlawfully at large (where he is alleged to have been convicted of it)”.
(4) After section 140 there is inserted—
(1) A person is alleged to be unlawfully at large after conviction of an offence if—
(a) he is alleged to have been convicted of it, and
(b) his extradition is sought for the purpose of his being sentenced for the offence or of his serving a sentence of imprisonment or another form of detention imposed in respect of the offence.
(2) This section applies for the purposes of this Part, other than sections 82 and 136.”
(5) In section 143 (undertaking in relation to person serving sentence), in subsection (4), for “alleged to be unlawfully at large after conviction” there is substituted “who has been convicted”.
(6) In section 148 (extradition offences), in subsection (3)(a), for “is alleged to be unlawfully at large after conviction” there is substituted “has been convicted”.
(7) In section 179 (competing claims to extradition), after subsection (4) there is inserted—
“(5) For the purposes of this section a person is alleged to be unlawfully at large after conviction of an offence if—
(a) he is alleged to have been convicted of it, and
(b) his extradition is sought for the purpose of his being sentenced for the offence or of his serving a sentence of imprisonment or another form of detention imposed in respect of the offence.”
(8) In section 188 (re-extradition to category 1 territories), in subsection (1)(b)(i), for “was alleged to be unlawfully at large after conviction” there is substituted “had been convicted”.
(9) In section 189 (re-extradition to category 2 territories), in subsection (1)(b), for “was alleged to be unlawfully at large after conviction” there is substituted “had been convicted”.
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—
(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—
(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.”
4 (1) In section 11 (bars to extradition)—
(a) at the end of subsection (1) there is inserted—
“(j) forum.”;
(b) in subsection (2), for the words from “12” to “apply” there is substituted “12 to 19B apply”.
(2) After section 19A (inserted by paragraph 3 above) there is inserted—
(1) A person’s extradition to a category 1 territory (“the requesting territory”) is barred by reason of forum if (and only if) it appears that—
(a) a significant part of the conduct alleged to constitute the extradition offence is conduct in the United Kingdom, and
(b) in view of that and all the other circumstances, it would not be in the interests of justice for the person to be tried for the offence in the requesting territory.
(2) For the purposes of subsection (1)(b) the judge must take into account whether the relevant prosecution authorities in the United Kingdom have decided not to take proceedings against the person in respect of the conduct in question.
(3) This section does not apply if the person is alleged to be unlawfully at large after conviction of the extradition offence.”
5 (1) In section 79 (bars to extradition)—
(a) at the end of subsection (1) there is inserted—
“(e) forum.”;
(b) in subsection (2), for “Sections 80 to 83” there is substituted “Sections 80 to 83A”.
(2) After section 83 there is inserted—
(1) A person’s extradition to a category 2 territory (“the requesting territory”) is barred by reason of forum if (and only if) it appears that—
(a) a significant part of the conduct alleged to constitute the extradition offence is conduct in the United Kingdom, and
(b) in view of that and all the other circumstances, it would not be in the interests of justice for the person to be tried for the offence in the requesting territory.
(2) For the purposes of subsection (1)(b) the judge must take into account whether the relevant prosecution authorities in the United Kingdom have decided not to take proceedings against the person in respect of the conduct in question.
(3) This section does not apply if the person is alleged to be unlawfully at large after conviction of the extradition offence.”
6 (1) An order bringing paragraph 4 or 5 into force is not to be made within the period of 12 months beginning with the day on which this Act is passed.
(2) If after the end of that period a resolution is made by each House of Parliament that paragraphs 4 and 5 (or either of them) should come into force, the Secretary of State shall make an order under section 53 bringing the paragraphs (or paragraph) into force.
(3) An order made by virtue of sub-paragraph (2) must bring the provisions in question into force no later than one month after the day on which the resolutions referred to in that sub-paragraph are made or, if they are made on different days, the day on which the later resolution is made.
7 In sections 23 and 89 (person serving sentence in United Kingdom), after subsection (2) there is inserted—
“(3) In a case where an extradition hearing is adjourned under subsection (2)—
(a) section 131 of the Magistrates' Courts Act 1980 (remand of accused already in custody) has effect as if a reference to 28 clear days in subsection (1) or (2) of that section were a reference to six months;
(b) Article 47(2) of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (period of remand in custody) has effect as if a reference to 28 days in—
(i) paragraph (a)(iii), or
(ii) the words after paragraph (b),
were a reference to six months.”
8 (1) In section 29 (court’s powers on appeal under section 28), after subsection (6) there is inserted—
“(7) If the court allows the appeal it must remand the person in custody or on bail.
(8) If the court remands the person in custody it may later grant bail.”
(2) In section 30 (detention pending conclusion of appeal under section 28)—
(a) for paragraph (b) of subsection (4) there is substituted—
“(b) when the High Court—
(i) allows the appeal, or
(ii) dismisses the appeal,
unless, where the appeal is dismissed, the authority immediately informs the court that it intends to apply for leave to appeal to the House of Lords;”;
(b) in paragraph (c) of that subsection, at the end there is inserted “, if no appeal to the House of Lords is brought before the end of that period”;
(c) in subsection (5)(a), for “if” there is substituted “unless”.
(3) In section 32 (appeal to House of Lords), for subsection (10) there is substituted—
“(10) The High Court may grant bail to a person appealing under this section, or applying for leave to appeal under this section, against the dismissal of his appeal under section 26.”
(4) In section 33 (powers of House of Lords on appeal under section 32), at the end there is inserted—
“(10) In a case where—
(a) subsection (5) applies, or
(b) subsections (7) and (8) apply,
the House of Lords must remand, in custody or on bail, the person in respect of whom the warrant was issued.
(11) If the House of Lords remands the person in custody the High Court may later grant bail.”
(5) After section 33 there is inserted—
(1) This section applies if immediately after the High Court orders the person’s discharge the court is informed by the authority which issued the Part 1 warrant that it intends to appeal under section 32.
(2) The court must remand the person in custody or on bail while the appeal under section 32 is pending.
(3) If the court remands the person in custody it may later grant bail.
(4) An appeal under section 32 ceases to be pending at the earliest of these times—
(a) when the proceedings on the appeal are discontinued;
(b) 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 against the decision of the High Court on the appeal under section 26 is granted, if no appeal to the House of Lords is brought before the end of that period;
(c) when there is no further step that can be taken by the authority which issued the Part 1 warrant in relation to the appeal (ignoring any power of a court to grant leave to take a step out of time).
(5) The preceding provisions of this section do not apply to Scotland.”
(6) In section 104 (court’s powers on appeal under section 103), after subsection (7) there is inserted—
“(8) If the court makes a direction under subsection (1)(b) it must remand the person in custody or on bail.
(9) If the court remands the person in custody it may later grant bail.”
(7) In section 106 (court’s powers on appeal under section 105), after subsection (8) there is inserted—
“(9) If the court—
(a) allows the appeal, or
(b) makes a direction under subsection (1)(b),
it must remand the person in custody or on bail.
(10) If the court remands the person in custody it may later grant bail.”
(8) In section 107 (detention pending conclusion of appeal under section 105)—
(a) for paragraph (b) of subsection (4) there is substituted—
“(b) when the High Court—
(i) allows the appeal,
(ii) makes a direction under section 106(1)(b), or
(iii) dismisses the appeal,
unless, where the appeal is dismissed, the court is immediately informed on behalf of the category 2 territory of an intention to apply for leave to appeal to the House of Lords;”;
(b) in paragraph (c) of that subsection, at the end there is inserted “, if no appeal to the House of Lords is brought before the end of that period”;
(c) in subsection (5)(a), for “if” there is substituted “unless”.
(9) In section 111 (court’s powers on appeal under section 110), after subsection (5) there is inserted—
“(6) If the court allows the appeal it must remand the person in custody or on bail.
(7) If the court remands the person in custody it may later grant bail.”
(10) For section 112 there is substituted—
(1) This section applies in a case where the Secretary of State orders the person’s discharge under this Part.
(2) Subject to subsection (3)—
(a) the order made by the appropriate judge under section 92(4) (“the remand order”) remains in force until the end of the period of three days beginning with the day on which the person’s discharge is ordered;
(b) if within that period the Secretary of State is informed in writing on behalf of the category 2 territory of an intention to appeal under section 110, the remand order remains in force while the appeal is pending.
(3) If the person is remanded in custody under section 92(4), the appropriate judge may grant bail.
(4) An appeal under section 110 ceases to be pending at the earliest of these times—
(a) when the proceedings on the appeal are discontinued;
(b) when the High Court—
(i) allows the appeal, or
(ii) dismisses the appeal,
unless, where the appeal is dismissed, the court is immediately informed on behalf of the category 2 territory of an intention to apply for leave to appeal to the House of Lords;
(c) 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 against the decision of the High Court on the appeal is granted, if no appeal to the House of Lords is brought before the end of that period;
(d) when there is no further step that can be taken on behalf of the category 2 territory in relation to the appeal (ignoring any power of a court to grant leave to take a step out of time).
(5) The preceding provisions of this section apply to Scotland with these modifications—
(a) in subsection (4)(b) omit the words from “unless” to the end;
(b) omit subsection (4)(c).”
(11) In section 114 (appeal to House of Lords), for subsection (10) there is substituted—
“(10) The High Court may grant bail to a person appealing under this section, or applying for leave to appeal under this section, against the dismissal of his appeal under section 103 or 108.”
(12) In section 115 (powers of House of Lords on appeal under section 114), after subsection (8) there is inserted—
“(9) In a case where subsection (5) or (7) applies, the House of Lords must remand, in custody or on bail, the person whose extradition is requested.
(10) If the House of Lords remands the person in custody the High Court may later grant bail.”
(13) After section 115 there is inserted—
(1) This section applies if—
(a) on an appeal under section 103 or 108 the High Court orders the person’s discharge;
(b) immediately after it does so, the court is informed on behalf of the category 2 territory of an intention to appeal under section 114.
(2) The court must remand the person in custody or on bail while the appeal is pending.
(3) If the court remands the person in custody it may later grant bail.
(4) An appeal under section 114 ceases to be pending at the earliest of these times—
(a) when the proceedings on the appeal are discontinued;
(b) 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 against the decision of the High Court on the appeal under section 103 or 108 is granted, if no appeal to the House of Lords is brought before the end of that period;
(c) when there is no further step that can be taken on behalf of the category 2 territory in relation to the appeal (ignoring any power of a court to grant leave to take a step out of time).
(5) The preceding provisions of this section do not apply to Scotland.”
9 (1) In section 35 (extradition where no appeal), in paragraph (a) of subsection (4) (period within which person must be extradited), for “the day on which the judge makes the order” there is substituted “the first day after the period permitted under section 26 for giving notice of appeal against the judge’s order”.
(2) In section 37 (undertaking in relation to person serving sentence in United Kingdom), after paragraph (b) of subsection (8) there is inserted—
“Paragraph (a) applies only if the day mentioned in that paragraph is later than the day mentioned in section 35(4)(a).”
(3) In section 38 (extradition following deferral for competing claim), at the end of subsection (3) there is inserted—
“This subsection applies only if the day on which the order is made is later than the day mentioned in section 35(4)(a).”
10 (1) Section 37 (undertaking in relation to person serving sentence in United Kingdom) is amended as follows.
(2) In subsection (1), at the end of paragraph (b) there is inserted “, either—
(i) in custody, or
(ii) on licence”.
(3) In subsection (4), after “in relation to a person” there is inserted “within subsection (1)(b)(i) who is”.
(4) After that subsection there is inserted—
“(4A) The terms which may be specified by the judge in relation to a person within subsection (1)(b)(ii) who is accused in a category 1 territory of the commission of an offence include terms that the person be returned to the United Kingdom to serve the remainder of his sentence after serving any sentence imposed on him in the category 1 territory for—
(a) the offence, and
(b) any other offence in respect of which he is permitted to be dealt with in the category 1 territory.”
11 (1) Section 52 (undertaking in relation to person serving sentence in consent cases) is amended as follows.
(2) In subsection (1), at the end of paragraph (b) there is inserted “, either—
(i) in custody, or
(ii) on licence”.
(3) In subsection (3), after “in relation to a person” there is inserted “within subsection (1)(b)(i) who is”.
(4) After that subsection there is inserted—
“(3A) The terms which may be specified by the judge in relation to a person within subsection (1)(b)(ii) who is accused in a category 1 territory of the commission of an offence include terms that the person be returned to the United Kingdom to serve the remainder of his sentence after serving any sentence imposed on him in the category 1 territory for—
(a) the offence, and
(b) any other offence in respect of which he is permitted to be dealt with in the category 1 territory.”
12 In section 59 (return of person to serve remainder of sentence), after paragraph (b) of subsection (1) there is inserted—
“(c) the person is not yet entitled to be released from detention pursuant to his sentence (whether on licence or otherwise).”
13 (1) Section 119 (undertaking in relation to person serving sentence in United Kingdom) is amended as follows.
(2) In subsection (1), at the end of paragraph (b) there is inserted “, either—
(i) in custody, or
(ii) on licence”.
(3) In subsection (3), after “in relation to a person” there is inserted “within subsection (1)(b)(i) who is”.
(4) After that subsection there is inserted—
“(3A) The terms which may be specified by the Secretary of State in relation to a person within subsection (1)(b)(ii) who is accused in a category 2 territory of the commission of an offence include terms that the person be returned to the United Kingdom to serve the remainder of his sentence after serving any sentence imposed on him in the category 2 territory for—
(a) the offence, and
(b) any other offence in respect of which he is permitted to be dealt with in the category 2 territory.”
14 In section 132 (return of person to serve remainder of sentence), after paragraph (b) of subsection (1) there is inserted—
“(c) the person is not yet entitled to be released from detention pursuant to his sentence (whether on licence or otherwise).”
15 (1) In sections 67 and 139 (the appropriate judge), after subsection (3) there is inserted—
“(3A) The use of the expression “the judge” in a section containing a previous reference to “the appropriate judge” or “the judge” does not in itself require both references to be read as referring to the same individual.”
(2) In section 187 (re-extradition hearing), for subsection (10) there is substituted—
“(10) Section 139 applies for the purposes of this section as it applies for the purposes of Part 2.”
16 (1) In the provisions listed in sub-paragraph (2), for “If the judge remands the person in custody he may” there is substituted “If the person is remanded in custody, the appropriate judge may”.
(2) The provisions are—
section 7(10);
section 8(2);
section 9(5);
section 21(5);
section 24(3);
section 30(3);
section 44(6);
section 46(3);
section 50(3);
section 51(5);
section 72(9);
section 74(9);
section 77(5);
section 90(5);
section 92(5);
section 107(3);
section 112(3);
paragraph 15 of Schedule 1 (in the inserted subsection (5));
paragraph 33 of Schedule 1 (in the inserted subsection (1B));
paragraph 36 of Schedule 1 (in subsection (6) of the inserted section 128B).