Extradition to category 2 territories: requests and certificates

17 (1) Section 70 (extradition request and certificate) is amended as follows.

(2) In subsection (1)—

(a) after “must” there is inserted “(subject to subsection (2))”;

(b) for the words after “extradition” there is substituted “of a person to a category 2 territory”.

(3) For subsection (2) there is substituted—

“(2) The Secretary of State may refuse to issue a certificate under this section if—

(a) he has power under section 126 to order that proceedings on the request be deferred,

(b) the person whose extradition is requested has been recorded by the Secretary of State as a refugee within the meaning of the Refugee Convention, or

(c) the person whose extradition is requested has been granted leave to enter or remain in the United Kingdom on the ground that it would be a breach of Article 2 or 3 of the Human Rights Convention to remove him to the territory to which extradition is requested.

(2A) In subsection (2)—

• “Refugee Convention” has the meaning given by section 167(1) of the Immigration and Asylum Act 1999;

• “Human Rights Convention” has the meaning given to “the Convention” by section 21(1) of the Human Rights Act 1998.”

(4) In subsection (8)—

(a) the words after “must” become paragraph (a) of that subsection;

(b) at the end of that paragraph there is inserted “, and

(b) identify the order by which the territory in question is designated as a category 2 territory.”

(5) In subsection (9), for the words after “send” there is substituted “the request and the certificate to the appropriate judge”.

Time for representations and consideration of case under Part 2

18 (1) Section 93 (Secretary of State’s consideration of case) is amended as follows.

(2) In subsection (6) (length of permitted period for representations), for “6 weeks” there is substituted “4 weeks”.

(3) After that subsection there is inserted—

“(7) In the case of a person who has consented under section 127 to his extradition, the Secretary of State is not required—

(a) to wait until the end of the permitted period before ordering the person’s extradition, or

(b) to consider any representations received after the order is made.”

Applications for discharge or for extension of time limit

19 (1) Section 99 (time limit for order for extradition or discharge) is amended as follows.

(2) In subsection (2)—

(a) for “the High Court” there is substituted “the appropriate judge”;

(b) for “the court” there is substituted “the judge”.

(3) In subsection (4)—

(a) for “applies to the High Court” there is substituted “applies to the appropriate judge”;

(b) for “the High Court may” there is substituted “the judge may”.

Scotland: references to Secretary of State

20 In section 141 (Scotland: references to Secretary of State), in subsection (2), after “Secretary of State” there is inserted “in paragraph (b) of section 70(2), in paragraph (c) of section 93(4) and”.

Issue of Part 3 warrant: persons unlawfully at large who may be arrested without domestic warrant

21 (1) In section 142 (issue of Part 3 warrant), in subsection (1)(b), after “subsection (2)” there is inserted “, or the condition in subsection (2A),”.

(2) For subsection (2) of that section there is substituted—

“(2) The condition is that—

(a) there are reasonable grounds for believing that the person has committed an extradition offence, and

(b) a domestic warrant has been issued in respect of the person.

(2A) The condition is that—

(a) there are reasonable grounds for believing that the person is unlawfully at large after conviction of an extradition offence by a court in the United Kingdom, and

(b) either a domestic warrant has been issued in respect of the person or the person may (if unlawfully at large as mentioned in paragraph (a)) be arrested without a warrant.”

Issue of Part 3 warrant: domestic warrant issued at common law by judge in Northern Ireland

22 For subsection (8) of section 142 there is substituted—

“(8) A domestic warrant is a warrant for the arrest or apprehension of a person which is issued under any of the provisions referred to in subsection (8A), or at common law by a Crown Court judge in Northern Ireland.

(8A) The provisions are—

(a) section 72 of the Criminal Justice Act 1967;

(b) section 7 of the Bail Act 1976;

(c) section 51 of the Judicature (Northern Ireland) Act 1978;

(d) section 1 of the Magistrates' Courts Act 1980;

(e) Article 20 or 25 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26));

(f) the Criminal Procedure (Scotland) Act 1995.”

Dealing with person for pre-extradition offences following extradition to UK

23 In section 146(3)(c) (consent of category 1 territory to person being dealt with for other offence), after “given on behalf of the territory” there is inserted “in response to a request made by the appropriate judge”.

Extradition requests to territories not applying European framework decision to old cases

24 After section 155 there is inserted—

“155A Category 1 territories not applying framework decision to old cases

(1) This section applies to a category 1 territory that deals with European extradition requests otherwise than in accordance with the system provided for in the European framework decision if they relate to acts committed before a particular date (“the relevant date”).

(2) In the case of a territory to which this section applies, the Secretary of State has the same powers to request a person’s extradition in relation to acts committed before the relevant date as he would have in the case of a category 2 territory.

(3) The Secretary of State may by order provide that, in the case of an extradition request which—

(a) is made to a specified category 1 territory to which this section applies, and

(b) relates to acts committed before the relevant date,

this Part is to have effect as if that territory were a category 2 territory, and with such modifications as may be specified.

(4) In this section—

• “European extradition request” means a request for extradition made by the United Kingdom or a category 1 territory;

• “European framework decision” means the framework decision of the Council of the European Union made on 13 June 2002 on the European arrest warrant and the surrender procedures between member states (2002/584/JHA);

• “specified”, in relation to an order under this section, means specified in the order.”

Extradition of serving prisoner

25 After section 197 there is inserted—

“197A Extradition of serving prisoner

If an order is made under Part 1 or 2 for the extradition of a person who is serving a sentence of imprisonment or another form of detention in the United Kingdom, the order is sufficient authority for the person to be removed from the prison or other institution where he is detained.”

Authentication of receivable documents

26 In section 202 (receivable documents), in subsection (4) (persons who may authenticate documents)—

(a) in paragraph (a), for “other judicial authority” there is substituted “officer”;

(b) after that paragraph there is inserted—

“(aa) it purports to be certified, whether by seal or otherwise, by the Ministry or Department of the territory responsible for justice or for foreign affairs;”.

Part 2 Amendments to other Acts

Powers of High Court in relation to bail decisions by magistrates' court etc

27 (1) Section 22 of the Criminal Justice Act 1967 (c. 80) (power of High Court to grant, or vary conditions of, bail) is amended as follows.

(2) After subsection (1) (application to grant bail etc where case stated to High Court) there is inserted—

“(1A) Where a magistrates' court withholds bail in extradition proceedings or imposes conditions in granting bail in extradition proceedings, the High Court may grant bail or vary the conditions.”

(3) In subsection (4) (which defines certain terms used in section 22), after ““bail in criminal proceedings”” there is inserted “, “extradition proceedings””.

28 In section 1(1A) of the Bail (Amendment) Act 1993 (c. 26) (right of prosecution to appeal to Crown Court against granting of bail in extradition proceedings), for “a judge of the Crown Court” there is substituted “the High Court”.

29 (1) Section 10 of the Justice (Northern Ireland) Act 2004 (c. 4) (prosecution right of appeal against grant of bail by magistrates' court) is amended as follows.

(2) After subsection (1) there is inserted—

“(1A) Where a magistrates' court grants bail to a person in connection with extradition proceedings, the prosecution may appeal to the High Court against the granting of bail.”

(3) In subsection (3), after “subsection (1)” there is inserted “or (1A)”.

(4) In subsection (4)—

(a) after “subsection (1)” there is inserted “or (1A)”;

(b) for “the magistrates' court” there is substituted “the court which has granted bail”.

(5) In subsections (5) and (6), for “the magistrates' court” there is substituted “the court which has granted bail”.

(6) In subsection (8)—

(a) after “subsection (1)” there is inserted “or (1A)”;

(b) “magistrates'” is omitted.

(7) After subsection (11) there is inserted—

“(12) In this section—

• “extradition proceedings” means proceedings under the Extradition Act 2003;

• “magistrates' court” and “court”, in relation to extradition proceedings, mean a resident magistrate designated in accordance with section 67 or section 139 of the Extradition Act 2003;

• “prosecution”, in relation to extradition proceedings, means the person acting on behalf of the territory to which extradition is sought.”

30 After section 10 of the Justice (Northern Ireland) Act 2004 there is inserted—

“10A Prosecution right of appeal against grant of bail by county court judge in extradition proceedings

(1) Section 10 applies to the granting of bail by a county court judge in extradition proceedings as it applies to the granting of bail by a magistrates' court in such proceedings; and references in that section to a magistrates' court shall be construed accordingly.

(2) In this section “extradition proceedings” has the same meaning as in section 10.”

Credit against sentence for periods of remand in custody of persons extradited to UK

31 In section 243 of the Criminal Justice Act 2003 (c. 44) (persons extradited to the United Kingdom), in subsection (1), after “imposed” there is inserted “or he received that sentence”.

32 In section 101 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (detention and training orders: term of order, taking account of remands, etc), after subsection (12) there is inserted—

“(12A) Section 243 of the Criminal Justice Act 2003 (persons extradited to the United Kingdom) applies in relation to a person sentenced to a detention and training order as it applies in relation to a fixed-term prisoner, with the reference in subsection (2) of that section to section 240 being read as a reference to subsection (8) above.”

33 (1) Section 47 of the Criminal Justice Act 1991 (c. 53) (persons extradited to the United Kingdom) is amended as follows.

(2) In subsection (1), after “imposed” there is inserted “or he received that sentence”.

(3) After subsection (3) there is inserted—

“(3A) This section applies in relation to a person sentenced to a detention and training order as it applies in relation to a short-term or long-term prisoner, and as it so applies—

(a) the reference in subsection (2) above to section 67 of the 1967 Act shall be read as a reference to section 101(8) of the Powers of Criminal Courts (Sentencing) Act 2000; and

(b) the reference in that subsection to a relevant period shall be read as a reference to the period mentioned in the said section 101(8).”

Amendments consequential on amendments in Part 1

34 In section 4(2B) of the Bail Act 1976 (c. 63) (no right to bail in certain extradition proceedings), for “to be unlawfully at large after conviction” there is substituted “to have been convicted”.

35 In paragraph 81(4) of Schedule 9 to the Constitutional Reform Act 2005 (c. 4) (amendments substituting “Supreme Court” for “House of Lords” in provisions of the Extradition Act 2003)—

(a) after paragraph (b) there is inserted—

“(ba) section 33A (detention pending conclusion of certain appeals under section 32);”;

(b) after paragraph (i) there is inserted—

“(ia) section 115A (detention pending conclusion of certain appeals under section 114);”.