Legalize / United Kingdom / Public General Act

Extradition Act 2003

Type Public General Act

Publication 2003-11-20

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Part 1 — Extradition to category 1 territories

Introduction

Extradition to category 1 territories

1

(1) This Part deals with extradition from the United Kingdom to the territories designated for the purposes of this Part by order made by the Secretary of State.

(2) In this Act references to category 1 territories are to the territories designated for the purposes of this Part.

(3) A territory may not be designated for the purposes of this Part if a person found guilty in the territory of a criminal offence may be sentenced to death for the offence under the general criminal law of the territory.

Date of extradition hearing: arrest under section 71

2

(1) This section applies if the designated authority receives a Part 1 warrant in respect of a person.

(2) A Part 1 warrant is an arrest warrant which is issued by a judicial authority of a category 1 territory and which contains—

(a) the statement referred to in subsection (3) and the information referred to in subsection (4), or

(b) the statement referred to in subsection (5) and the information referred to in subsection (6).

(3) The statement is one that—

(a) the person in respect of whom the Part 1 warrant is issued is accused in the category 1 territory of the commission of an offence specified in the warrant, and

(b) the Part 1 warrant is issued with a view to his arrest and extradition to the category 1 territory for the purpose of being prosecuted for the offence.

(4) The information is—

(a) particulars of the person’s identity;

(b) particulars of any other warrant issued in the category 1 territory for the person’s arrest in respect of the offence;

(c) particulars of the circumstances in which the person is alleged to have committed the offence, including the conduct alleged to constitute the offence, the time and place at which he is alleged to have committed the offence and any provision of the law of the category 1 territory under which the conduct is alleged to constitute an offence;

(d) particulars of the sentence which may be imposed under the law of the category 1 territory in respect of the offence if the person is convicted of it.

(5) The statement is one that—

(a) the person in respect of whom the Part 1 warrant is issued has been convicted of an offence specified in the warrant by a court in the category 1 territory, and

(b) the Part 1 warrant is issued with a view to his arrest and extradition to the category 1 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.

(6) The information is—

(a) particulars of the person’s identity;

(b) particulars of the conviction;

(c) particulars of any other warrant issued in the category 1 territory for the person’s arrest in respect of the offence;

(d) particulars of the sentence which may be imposed under the law of the category 1 territory in respect of the offence, if the person has not been sentenced for the offence;

(e) particulars of the sentence which has been imposed under the law of the category 1 territory in respect of the offence, if the person has been sentenced for the offence.

(7) The designated authority may issue a certificate under this section if it believes that the authority which issued the Part 1 warrant has the function of issuing arrest warrants in the category 1 territory.

(7A) But in the case of a Part 1 warrant containing the statement referred to in subsection (3), the designated authority must not issue a certificate under this section if it is clear to the designated authority that a judge proceeding under section 21A would be required to order the person's discharge on the basis that extradition would be disproportionate.

In deciding that question, the designated authority must apply any general guidance issued for the purposes of this subsection.

(7B) Any guidance under subsection (7A) may be revised, withdrawn or replaced.

(7C) The function of issuing guidance under subsection (7A), or of revising, withdrawing or replacing any such guidance, is exercisable by the Lord Chief Justice of England and Wales with the concurrence of—

(a) the Lord Justice General of Scotland, and

(b) the Lord Chief Justice of Northern Ireland.

(8) A certificate under this section must certify that the authority which issued the Part 1 warrant has the function of issuing arrest warrants in the category 1 territory.

(9) The designated authority is the authority designated for the purposes of this Part by order made by the Secretary of State.

(10) An order made under subsection (9) may—

(a) designate more than one authority;

(b) designate different authorities for different parts of the United Kingdom.

Arrest

Extradition offences: person sentenced for offence

3

(1) This section applies if a certificate is issued under section 2 in respect of a Part 1 warrant issued in respect of a person.

(2) The warrant may be executed by a constable or a customs officer in any part of the United Kingdom.

(3) The warrant may be executed by a service policeman anywhere, but only if the person is subject to service law or is a civilian subject to service discipline.

(5) The warrant may be executed even if neither the warrant nor a copy of it is in the possession of the person executing it at the time of the arrest.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extradition offences: person not sentenced for offence

4

(1) This section applies if a person is arrested under a Part 1 warrant.

(2) A copy of the warrant must be given to the person as soon as practicable after his arrest.

(3) The person must be brought as soon as practicable before the appropriate judge.

(4) If subsection (2) is not complied with and the person applies to the judge to be discharged, the judge may order his discharge.

(5) If subsection (3) is not complied with and the person applies to the judge to be discharged, the judge must order his discharge.

(6) A person arrested under the warrant must be treated as continuing in legal custody until he is brought before the appropriate judge under subsection (3) or he is discharged under subsection (4) or (5).

Provisional arrest

5

(1) A constable, a customs officer or a service policeman may arrest a person without a warrant if he has reasonable grounds for believing—

(a) that a Part 1 warrant has been or will be issued in respect of the person by an authority of a category 1 territory, and

(b) that the authority has the function of issuing arrest warrants in the category 1 territory.

(2) A constable or a customs officer may arrest a person under subsection (1) in any part of the United Kingdom.

(3) A service policeman may arrest a person under subsection (1) only if the person is subject to service law or is a civilian subject to service discipline.

(4) If a service policeman has power to arrest a person under subsection (1) he may exercise the power anywhere.

Bail: Scotland

6

(1) This section applies if a person is arrested under section 5.

(2) The person must be brought before the appropriate judge within 48 hours starting with the time when the person is arrested.

(2A) The documents specified in subsection (4) must be produced to the judge within 48 hours starting with the time when the person is arrested but this is subject to any extension under subsection (3B).

(2B) Subsection (3) applies if—

(a) the person has been brought before the judge in compliance with subsection (2); but

(b) documents have not been produced to the judge in compliance with subsection (2A).

(3) The person must be brought before the judge when the documents are produced to the judge.

(3A) While the person is before the judge in pursuance of subsection (2), the authority of the category 1 territory may apply to the judge for an extension of the 48 hour period mentioned in subsection (2A) by a further 48 hours.

(3B) The judge may grant an extension if the judge decides that subsection (2A) could not reasonably be complied with within the initial 48 hour period.

(3C) The judge must decide whether that subsection could reasonably be so complied with on a balance of probabilities.

(3D) Notice of an application under subsection (3A) must be given in accordance with rules of court.

(4) The documents are—

(a) a Part 1 warrant in respect of the person;

(b) a certificate under section 2 in respect of the warrant.

(5) A copy of the warrant must be given to the person as soon as practicable after his arrest.

(5A) Subsection (5B) applies if—

(a) the person is before the judge in pursuance of subsection (2); and

(b) the documents specified in subsection (4) have not been produced to the judge.

(5B) The judge must remand the person in custody or on bail (subject to subsection (6)).

(6) If subsection (2) , (2A) or (3) is not complied with and the person applies to the judge to be discharged, the judge must order his discharge.

(7) If subsection (5) is not complied with and the person applies to the judge to be discharged, the judge may order his discharge.

(8) The person must be treated as continuing in legal custody until he is brought before the appropriate judge under subsection (2) or he is discharged under subsection (6) or (7).

(8A) In calculating a period of 48 hours for the purposes of this section no account is to be taken of—

(a) any Saturday or Sunday;

(b) Christmas Day;

(d) any day falling within subsection (8B).

(8B) The following days fall within this subsection—

(a) in Scotland, any day prescribed under section 8(2) of the Criminal Procedure (Scotland) Act 1995 as a court holiday in the court of the appropriate judge;

(b) in any part of the United Kingdom, any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in that part of the United Kingdom.

(9) Subsection (10) applies if—

(a) a person is arrested under section 5 on the basis of a belief that a Part 1 warrant has been or will be issued in respect of him;

(b) the person is discharged under subsection (6) or (7).

(10) The person must not be arrested again under section 5 on the basis of a belief relating to the same Part 1 warrant.

The initial hearing

Identity of person arrested

7

(1) This section applies if—

(a) a person arrested under a Part 1 warrant is brought before the appropriate judge under section 4(3), or

(b) a person arrested under section 5 is brought before the appropriate judge under section 6 and section 6(2A) is complied with in relation to him.

(2) The judge must decide whether the person brought before him is the person in respect of whom—

(a) the warrant referred to in subsection (1)(a) was issued, or

(b) the warrant referred to in section 6(4) was issued.

(3) The judge must decide the question in subsection (2) on a balance of probabilities.

(4) If the judge decides the question in subsection (2) in the negative he must order the person’s discharge.

(5) If the judge decides that question in the affirmative he must proceed under section 8.

(6) In England and Wales, the judge has the same powers (as nearly as may be) as a magistrates' court would have if the proceedings were the summary trial of an information against the person.

(7) In Scotland—

(a) the judge has the same powers (as nearly as may be) as if the proceedings were summary proceedings in respect of an offence alleged to have been committed by the person; but

(b) in his making any decision under subsection (2) evidence from a single source shall be sufficient.

(8) In Northern Ireland, the judge has the same powers (as nearly as may be) as a magistrates' court would have if the proceedings were the hearing and determination of a complaint against the person.

(9) If the judge exercises his power to adjourn the proceedings he must remand the person in custody or on bail.

(10) If the person is remanded in custody, the appropriate judge may later grant bail.

Remand etc.

8

(1) If the judge is required to proceed under this section he must—

(a) fix a date on which the extradition hearing is to begin;

(b) inform the person of the contents of the Part 1 warrant;

(d) remand the person in custody or on bail.

(2) If the person is remanded in custody, the appropriate judge may later grant bail.

(3) The required information about consent is—

(a) that the person may consent to his extradition to the category 1 territory in which the Part 1 warrant was issued;

(b) an explanation of the effect of consent and the procedure that will apply if he gives consent;

(4) The date fixed under subsection (1) must not be later than the end of the permitted period, which is 21 days starting with the date of the arrest referred to in section 7(1)(a) or (b).

(4A) But if proceedings in respect of the extradition are adjourned under section 8A or 8B, the permitted period is extended by the number of days for which the proceedings are so adjourned.

(5) If before the date fixed under subsection (1) (or this subsection) a party to the proceedings applies to the judge for a later date to be fixed and the judge believes it to be in the interests of justice to do so, he may fix a later date; and this subsection may apply more than once.

(6) Subsections (7) and (8) apply if the extradition hearing does not begin on or before the date fixed under this section.

(7) If the person applies to the judge to be discharged the judge must order his discharge, unless reasonable cause is shown for the delay.

(8) If no application is made under subsection (7) the judge must order the person’s discharge on the first occasion after the date fixed under this section when the person appears or is brought before the judge, unless reasonable cause is shown for the delay.

The extradition hearing

Judge’s powers at extradition hearing

9

(1) In England and Wales, at the extradition hearing the appropriate judge has the same powers (as nearly as may be) as a magistrates' court would have if the proceedings were the summary trial of an information against the person in respect of whom the Part 1 warrant was issued.

(2) In Scotland, at the extradition hearing the appropriate judge has the same powers (as nearly as may be) as if the proceedings were summary proceedings in respect of an offence alleged to have been committed by the person in respect of whom the Part 1 warrant was issued.

(3) In Northern Ireland, at the extradition hearing the appropriate judge has the same powers (as nearly as may be) as a magistrates' court would have if the proceedings were the hearing and determination of a complaint against the person in respect of whom the Part 1 warrant was issued.

(4) If the judge adjourns the extradition hearing he must remand the person in custody or on bail.

(5) If the person is remanded in custody, the appropriate judge may later grant bail.

Initial stage of extradition hearing

10

(1) This section applies if a person in respect of whom a Part 1 warrant is issued appears or is brought before the appropriate judge for the extradition hearing.

(2) The judge must decide whether the offence specified in the Part 1 warrant is an extradition offence.

(3) If the judge decides the question in subsection (2) in the negative he must order the person’s discharge.

(4) If the judge decides that question in the affirmative he must proceed under section 11.

Bars to extradition

11

(1) If the judge is required to proceed under this section he must decide whether the person’s extradition to the category 1 territory is barred by reason of—

(a) the rule against double jeopardy;

(aa) absence of prosecution decision;

(b) extraneous considerations;

(d) the person’s age;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) speciality;

(g) the person’s earlier extradition to the United Kingdom from another category 1 territory;

(h) the person’s earlier extradition to the United Kingdom from a non-category 1 territory.

(i) the person's earlier transfer to the United Kingdom by the International Criminal Court.

(j) forum.

(1A) But the judge is to decide whether the person's extradition is barredby reason of —

(a) absence of prosecution decision, or

(b) forum,

only

in a case where the Part 1 warrant contains the statement referred to in section 2(3) (warrant issued for purposes of prosecution for offence in category 1 territory).

(2) Sections 12 to 19F apply for the interpretation of subsection (1).

(3) If the judge decides any of the questions in subsection (1) in the affirmative he must order the person’s discharge.

(4) If the judge decides those questions in the negative and the person is alleged to be unlawfully at large after conviction of the extradition offence, the judge must proceed under section 20.

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