Extradition Act 2003

• (cc) section 74E(1)(a) has effect as if “accused of the commission of an offence in a category 2 territory or are alleged to be unlawfully at large after conviction of an offence by a court in a category 2 territory” read “alleged to be unlawfully at large from a prison in the imprisoning territory after conviction of an offence in the convicting territory”;

• (cd) section 74E(2)(a) has effect as if “the category 2 territory in which the person is accused of the commission of an offence or is alleged to have been convicted of an offence” read “the imprisoning territory”;

• (d) section 78(2)(e) has effect as if “the category 2 territory” read “ the convicting territory ”;

• (e) section 85(5) has effect as if after “entitled” there were inserted “ in the convicting territory ”;

• (f) section 119(4) has effect as if “a category 2 territory” read “ the convicting territory ” and as if “the category 2 territory” in both places read “ the convicting territory ”;

• (g) section 138(1) has effect as if “a category 2 territory” read “ the convicting territory ”;

• (h) in section 138, subsections (2), (3), (4), (5) and (7) have effect as if “the category 2 territory” read “ the convicting territory ”.

• (5) Subsection (1)(b) applies to Scotland with the substitution of “ application by the procurator fiscal sets out the matters referred to in paragraphs (a) and (b) of subsection (2) ” for “information laid by the justice contains the statement referred to in subsection (2)”.

• (6) Subsection (1)(b) applies to Northern Ireland with the substitution of “ the complaint made to ” for “the information laid before”.

Interpretation

Extradition offences: person not sentenced for offence

137

• (1) This section sets out whether a person's conduct constitutes an “extradition offence” for the purposes of this Part in a case where the person—

• (a) is accused in a category 2 territory of an offence constituted by the conduct, or

• (b) has been convicted in that territory of an offence constituted by the conduct but not sentenced for it.

• (2) The conduct constitutes an extradition offence in relation to the category 2 territory if the conditions in subsection (3), (4) or (5) are satisfied.

• (3) The conditions in this subsection are that—

• (a) the conduct occurs in the category 2 territory;

• (b) the conduct would constitute an offence under the law of the relevant part of the United Kingdom punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment if it occurred in that part of the United Kingdom;

• (c) the conduct is so punishable under the law of the category 2 territory.

• (4) The conditions in this subsection are that—

• (a) the conduct occurs outside the category 2 territory;

• (b) in corresponding circumstances equivalent conduct would constitute an extra-territorial offence under the law of the relevant part of the United Kingdom punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment;

• (c) the conduct is so punishable under the law of the category 2 territory.

• (5) The conditions in this subsection are that—

• (a) the conduct occurs outside the category 2 territory;

• (b) no part of the conduct occurs in the United Kingdom;

• (c) the conduct constitutes, or if committed in the United Kingdom would constitute, an offence mentioned in subsection (6);

• (d) the conduct is punishable under the law of the category 2 territory with imprisonment or another form of detention for a term of 12 months or a greater punishment.

• (6) The offences are—

• (a) 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 under section 52 or 59 of that Act (conduct ancillary to genocide etc. committed outside the jurisdiction);

• (c) 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 under section 1 of the International Criminal Court (Scotland) Act 2001 (asp 13) (genocide, crimes against humanity and war crimes);

• (e) an offence under section 2 of that Act (conduct ancillary to genocide etc. committed outside the jurisdiction);

• (f) an ancillary offence, as defined in section 7 of that Act, in relation to an offence falling within paragraph (d) or (e).

• (7) If the conduct constitutes an offence under the military law of the category 2 territory but does not constitute an offence under the general criminal law of the relevant part of the United Kingdom it does not constitute an extradition offence; and subsections (1) to (6) have effect subject to this.

• (7A) References in this section to “conduct” (except in the expression “equivalent conduct”) are to the conduct specified in the request for the person's extradition

• (8) The relevant part of the United Kingdom is the part of the United Kingdom in which—

• (a) the extradition hearing took place, if the question of whether conduct constitutes an extradition offence is to be decided by the Secretary of State;

• (b) proceedings in which it is necessary to decide that question are taking place, in any other case.

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extradition offences: person sentenced for offence

138

• (1) This section sets out whether a person's conduct constitutes an “extradition offence” for the purposes of this Part in a case where the person—

• (a) has been convicted, in the category 2 territory to which extradition is requested, of an offence constituted by the conduct, and

• (b) has been sentenced for the offence.

• (2) The conduct constitutes an extradition offence in relation to the category 2 territory if the conditions in subsection (3), (4) or (5) are satisfied.

• (3) The conditions in this subsection are that—

• (a) the conduct occurs in the category 2 territory;

• (b) the conduct would constitute an offence under the law of the relevant part of the United Kingdom punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment if it occurred in that part of the United Kingdom;

• (c) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 2 territory in respect of the conduct.

• (4) The conditions in this subsection are that—

• (a) the conduct occurs outside the category 2 territory;

• (b) in corresponding circumstances equivalent conduct would constitute an extra-territorial offence under the relevant part of the United Kingdom punishable as mentioned in subsection (3)(b);

• (c) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 2 territory in respect of the conduct.

• (5) The conditions in this subsection are that—

• (a) the conduct occurs outside the category 2 territory;

• (b) no part of the conduct occurs in the United Kingdom;

• (c) the conduct constitutes, or if committed in the United Kingdom would constitute, an offence mentioned in subsection (6);

• (d) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 2 territory in respect of the conduct.

• (6) The offences are—

• (a) 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 under section 52 or 59 of that Act (conduct ancillary to genocide etc. committed outside the jurisdiction);

• (c) 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 under section 1 of the International Criminal Court (Scotland) Act 2001 (asp 13) (genocide, crimes against humanity and war crimes);

• (e) an offence under section 2 of that Act (conduct ancillary to genocide etc. committed outside the jurisdiction);

• (f) an ancillary offence, as defined in section 7 of that Act, in relation to an offence falling within paragraph (d) or (e).

• (7) If the conduct constitutes an offence under the military law of the category 2 territory but does not constitute an offence under the general criminal law of the relevant part of the United Kingdom it does not constitute an extradition offence; and subsections (1) to (6) have effect subject to this.

• (7A) References in this section to “conduct” (except in the expression “equivalent conduct”) are to the conduct specified in the request for the person's extradition

• (8) The relevant part of the United Kingdom is the part of the United Kingdom in which—

• (a) the extradition hearing took place, if the question of whether conduct constitutes an extradition offence is to be decided by the Secretary of State;

• (b) proceedings in which it is necessary to decide that question are taking place, in any other case.

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The appropriate judge

139

• (1) The appropriate judge is—

• (a) in England and Wales, a District Judge (Magistrates' Courts) designated for the purposes of this Part by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor;

• (b) in Scotland, the sheriff of Lothian and Borders;

• (c) in Northern Ireland, such county court judge or resident magistrate as is designated for the purposes of this Part by the Lord Chief Justice of Northern Ireland after consulting the Department of Justice in Northern Ireland.

• (2) A designation under subsection (1) may be made for all cases or for such cases (or cases of such description) as the designation stipulates.

• (3) More than one designation may be made under subsection (1).

• (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.

• (4) This section applies for the purposes of this Part.

• (5) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1)(a).

• (6) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (1)(c)—

• (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

• (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

The extradition hearing

140

• (1) The extradition hearing is the hearing at which the appropriate judge is to deal with a request for extradition to a category 2 territory.

• (2) This section applies for the purposes of this Part.

Unlawfully at large

140A

• (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.

Scotland: references to Secretary of State

141

• (1) This Part applies in relation to any function which falls under this Part to be exercised in relation to Scotland only as if references in this Part to the Secretary of State were to the Scottish Ministers.

• (2) Subsection (1) does not apply to the references to the Secretary of State in paragraph (b) of section 70(2), in paragraph (c) of section 93(4) and in sections 83(3), 101(5) and 121.

Part 3 — Extradition to the United Kingdom

Extradition from category 1 territories

Issue of Part 3 warrant

142

• (1) The appropriate judge may issue a Part 3 warrant in respect of a person if—

• (a) a constable or an appropriate person applies to the judge for a Part 3 warrant, and

• (b) the condition in subsection (2) , or the condition in subsection (2A), is satisfied.

• (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) the person has been convicted of an extradition offence by a court in the United Kingdom,

• (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, and

• (c) either a domestic warrant has been issued in respect of the person or the person may be arrested without a warrant.

• (3) A Part 3 warrant is an arrest warrant which contains—

• (a) the statement referred to in subsection (4) or the statement referred to in subsection (5), and

• (b) the certificate referred to in subsection (6).

• (4) The statement is one that—

• (a) the person in respect of whom the warrant is issued is accused in the United Kingdom of the commission of an extradition offence specified in the warrant, and

• (b) the warrant is issued with a view to his arrest and extradition to the United Kingdom for the purpose of being prosecuted for the offence.

• (5) The statement is one that—

• (a) the person in respect of whom the warrant is issued has been convicted of an extradition offence specified in the warrant by a court in the United Kingdom, and

• (b) the warrant is issued with a view to his arrest and extradition to the United Kingdom 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 certificate is one certifying—

• (a) whether the conduct constituting the extradition offence specified in the warrant falls within the Trade and Cooperation Agreement list;

• (b) whether the offence is an extra-territorial offence;

• (c) what is the maximum punishment that may be imposed on conviction of the offence or (if the person has been sentenced for the offence) what sentence has been imposed.

• (7) The conduct which falls within the Trade and Cooperation Agreement list must be taken for the purposes of subsection (6)(a) to include conduct which constitutes—

• (a) an attempt, conspiracy or incitement to carry out conduct falling within the list, or

• (b) aiding, abetting, counselling or procuring the carrying out of conduct falling within the list.

• (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.

• (9) An appropriate person is a person of a description specified in an order made by the Secretary of State for the purposes of this section.

• (10) Subsection (1)(a) applies to Scotland with the substitution of “a procurator fiscal” for “a constable or an appropriate person”.

Undertaking in relation to person serving sentence

143

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Return to extraditing territory to serve sentence

144

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service of sentence in territory executing Part 3 warrant

145

• (1) This section applies if—

• (a) a Part 3 warrant is issued in respect of a person;

• (b) the certificate contained in the warrant certifies that a sentence has been imposed;

• (c) an undertaking is given on behalf of a category 1 territory that the person will be required to serve the sentence in the territory;

• (d) on the basis of the undertaking the person is not extradited to the United Kingdom from the category 1 territory.

• (2) The sentence for the offence must be treated as served but the person’s conviction for the offence must be treated as a conviction for all other purposes.

Dealing with person for other offences

146

• (1) This section applies if a person is extradited to the United Kingdom from a category 1 territory in pursuance of a Part 3 warrant.

• (2) The person may be dealt with in the United Kingdom for an offence committed before his extradition only if—

• (a) the offence is one falling within subsection (3), or

• (b) the condition in subsection (4) is satisfied.

• (3) The offences are—

• (a) the offence in respect of which the person is extradited;

• (b) an offence disclosed by the information provided to the category 1 territory in respect of that offence;

• (c) an extradition offence in respect of which consent to the person being dealt with is given on behalf of the territory in response to a request made by the appropriate judge;

• (d) an offence which is not punishable with imprisonment or another form of detention;

• (e) an offence in respect of which the person will not be detained in connection with his trial, sentence or appeal;

• (f) an offence in respect of which the person waives the right that he would have (but for this paragraph) not to be dealt with for the offence.

• (4) The condition is that the person has been given an opportunity to leave the United Kingdom and—

• (a) he has not done so before the end of the permitted period, or

• (b) he has done so before the end of the permitted period and has returned to the United Kingdom.

• (5) The permitted period is 45 days starting with the day on which the person arrives in the United Kingdom.

Effect of consent to extradition to the United Kingdom

147

• (1) This section applies if—

• (a) a person is extradited to the United Kingdom from a category 1 territory in pursuance of a Part 3 warrant;

• (b) the person consented to his extradition to the United Kingdom in accordance with the law of the category 1 territory.

• (2) Section 146(2) does not apply if the conditions in subsection (3) or the conditions in subsection (4) are satisfied.

• (3) The conditions are that—

• (a) under the law of the category 1 territory, the effect of the person’s consent is to waive his right under section 146(2);

• (b) the person has not revoked his consent in accordance with that law, if he is permitted to do so under that law.

• (4) The conditions are that—

• (a) under the law of the category 1 territory, the effect of the person’s consent is not to waive his right under section 146(2);

• (b) the person has expressly waived his right under section 146(2) in accordance with that law;

• (c) the person has not revoked his consent in accordance with that law, if he is permitted to do so under that law;

• (d) the person has not revoked the waiver of his right under section 146(2) in accordance with that law, if he is permitted to do so under that law.

Extradition offences

148

• (1) Conduct constitutes an extradition offence in relation to the United Kingdom if these conditions are satisfied—

• (a) the conduct occurs in the United Kingdom;

• (b) the conduct is punishable under the law of the relevant part of the United Kingdom with imprisonment or another form of detention for a term of 12 months or a greater punishment.

• (2) Conduct also constitutes an extradition offence in relation to the United Kingdom if these conditions are satisfied—

• (a) the conduct occurs outside the United Kingdom;

• (b) the conduct constitutes an extra-territorial offence punishable under the law of the relevant part of the United Kingdom with imprisonment or another form of detention for a term of 12 months or a greater punishment.

• (3) But subsections (1) and (2) do not apply in relation to conduct of a person if—

• (a) he has been convicted by a court in the United Kingdom of the offence constituted by the conduct, and

• (b) he has been sentenced for the offence.

• (4) Conduct also constitutes an extradition offence in relation to the United Kingdom if these conditions are satisfied—

• (a) the conduct occurs in the United Kingdom;

• (b) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the United Kingdom in respect of the conduct.

• (5) Conduct also constitutes an extradition offence in relation to the United Kingdom if these conditions are satisfied—

• (a) the conduct occurs outside the United Kingdom;

• (b) the conduct constitutes an extra-territorial offence;

• (c) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the United Kingdom in respect of the conduct.

• (6) The relevant part of the United Kingdom is the part of the United Kingdom in which the relevant proceedings are taking place.

• (7) The relevant proceedings are the proceedings in which it is necessary to decide whether conduct constitutes an extradition offence.

• (8) Subsections (1) to (5) apply for the purposes of sections 142 to 147.

The appropriate judge

149

• (1) The appropriate judge is—

• (a) in England and Wales, a District Judge (Magistrates' Courts), a justice of the peace or a judge entitled to exercise the jurisdiction of the Crown Court;

• (b) in Scotland, a sheriff;

• (c) in Northern Ireland, a justice of the peace, a resident magistrate or a Crown Court judge.

• (2) This section applies for the purposes of sections 142 to 147.

Extradition from category 2 territories

Dealing with person for other offences: Commonwealth countries etc.

150

• (1) This section applies if—

• (a) a person is extradited to the United Kingdom from a category 2 territory under law of the territory corresponding to Part 2 of this Act, and

• (b) the territory is a Commonwealth country, a British overseas territory or the Hong Kong Special Administrative Region of the People’s Republic of China.

• (2) The person may be dealt with in the United Kingdom for an offence committed before his extradition only if—

• (a) the offence is one falling within subsection (3), or

• (b) the condition in subsection (6) is satisfied.

This is subject to section 151B.

• (3) The offences are—

• (a) the offence in respect of which the person is extradited;

• (b) a lesser offence disclosed by the information provided to the category 2 territory in respect of that offence;

• (c) an offence in respect of which consent to the person being dealt with is given by or on behalf of the relevant authority.

• (4) An offence is a lesser offence in relation to another offence if the maximum punishment for it is less severe than the maximum punishment for the other offence.

• (5) The relevant authority is—

• (a) if the person has been extradited from a Commonwealth country, the government of the country;

• (b) if the person has been extradited from a British overseas territory, the person administering the territory;

• (c) if the person has been extradited from the Hong Kong Special Administrative Region of the People’s Republic of China, the government of the Region.

• (6) The condition is that the protected period has ended.

• (7) The protected period is 45 days starting with the first day after his extradition to the United Kingdom on which the person is given an opportunity to leave the United Kingdom.

• (8) A person is dealt with in the United Kingdom for an offence if—

• (a) he is tried there for it;

• (b) he is detained with a view to trial there for it.

Dealing with person for other offences: other category 2 territories

151

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General

Dealing with person for other offences

151A

• (1) This section applies if a person is extradited to the United Kingdom from a territory which is not—

• (a) a category 1 territory, or

• (b) a territory falling within section 150(1)(b).

• (2) The person may be dealt with in the United Kingdom for an offence committed before the person's extradition only if—

• (a) the offence is one falling within subsection (3), or

• (b) the condition in subsection (4) is satisfied.

This is subject to section 151B.

• (3) The offences are—

• (a) the offence in respect of which the person is extradited;

• (b) an offence disclosed by the information provided to the territory in respect of that offence;

• (c) an offence in respect of which consent to the person being dealt with is given on behalf of the territory.

• (4) The condition is that—

• (a) the person has returned to the territory from which the person was extradited, or

• (b) the person has been given an opportunity to leave the United Kingdom.

• (5) A person is dealt with in the United Kingdom for an offence if—

• (a) the person is tried there for it;

• (b) the person is detained with a view to trial there for it.

Detention of person for trial in England and Wales for other offences

151B

• (1) Section 150 or 151A does not prevent a person in whose case that section applies from being detained with a view to trial in England and Wales for an offence if the conditions in subsection (2) are satisfied.

• (2) The conditions are that—

• (a) the United Kingdom and the territory from which the person was extradited have each made a declaration under Article 14(3) of the Extradition Convention, and the declarations are still in force;

• (b) the Secretary of State makes a request for the consent referred to in section 150(3)(c) or 151A(3)(c) in respect of the offence (“the consent request”);

• (c) the Secretary of State gives notification, which is explicitly acknowledged on behalf of the territory, of the date on which the detention is to begin (“the notified date”).

• (3) The Extradition Convention is the European Convention on Extradition done at Paris on 13 December 1957.

• (4) This section applies only to detention during the period beginning with the notified date and ending with whichever of the following occurs first—

• (a) if a notification of opposition to the detention is given on behalf of the territory, the date on which Secretary of State receives it;

• (b) the date on which the Secretary of State receives notification given on behalf of the territory as to whether the consent request is granted or refused;

• (c) the expiry of the period of 90 days beginning with the date on which the consent request is received.

Remission of punishment for other offences

152

• (1) This section applies if—

• (a) a person is extradited to the United Kingdom from a territory;

• (b) before his extradition he has been convicted of an offence in the United Kingdom;

• (c) he has not been extradited in respect of that offence.

• (2) The sentence for the offence must be treated as served but the person’s conviction for the offence must be treated as a conviction for all other purposes.

Return of person acquitted or not tried

153

• (1) This section applies if—

• (a) a person is accused in the United Kingdom of the commission of an offence;

• (b) the person is extradited to the United Kingdom in respect of the offence from a territory;

• (c) the condition in subsection (2) or the condition in subsection (3) is satisfied.

• (2) The condition is that—

• (a) proceedings against the person for the offence are not begun before the end of the required period, which is 6 months starting with the day on which the person arrives in the United Kingdom on his extradition, and

• (b) before the end of the period of 3 months starting immediately after the end of the required period the person asks the Secretary of State to return him to the territory from which he was extradited.

• (3) The condition is that—

• (a) at his trial for the offence the person is acquitted or is discharged under any of the provisions specified in subsection (4), and

• (b) before the end of the period of 3 months starting immediately after the date of his acquittal or discharge the person asks the Secretary of State to return him to the territory from which he was extradited.

• (4) The provisions are—

• (a) section 79 or 80 of the Sentencing Code;

• (b) section 246(1), (2) or (3) of the Criminal Procedure (Scotland) Act 1995 (c. 46);

• (c) Article 4(1) of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)).

• (5) The Secretary of State must arrange for him to be sent back, free of charge and with as little delay as possible, to the territory from which he was extradited to the United Kingdom in respect of the offence.

• (6) If the accusation in subsection (1)(a) relates to the commission of an offence in Scotland, subsections (2)(b), (3)(b) and (5) apply as if the references to the Secretary of State were references to the Scottish Ministers.

Undertaking in relation to person serving sentence

153A

• (1) This section applies if—

• (a) a person is accused in the United Kingdom of the commission of an offence or has been convicted of an offence by or before a court in the United Kingdom;

• (b) a Part 3 warrant is issued in respect of the person or the Secretary of State makes a request for the extradition of the person;

• (c) the person is serving a sentence of imprisonment or another form of detention in a territory;

• (d) the person's extradition to the United Kingdom from the territory in pursuance of the warrant or request is made subject to a condition that an undertaking is given by or on behalf of the United Kingdom with regard to the person's treatment in the United Kingdom or return to the territory (or both).

• (2) The Secretary of State may give an undertaking to a person acting on behalf of the territory with regard to either or both of these things—

• (a) the treatment in the United Kingdom of the person in respect of whom the warrant is issued or the request for extradition is made;

• (b) the return of that person to the territory.

• (3) The terms which may be included by the Secretary of State in an undertaking given under subsection (2) in relation to a person accused in the United Kingdom of the commission of an offence include terms—

• (a) that the person be kept in custody until the conclusion of the proceedings against the person for the offence and any other offence in respect of which the person is permitted to be dealt with in the United Kingdom;

• (b) that the person be returned to the territory to serve the remainder of the sentence on the conclusion of those proceedings.

• (4) The terms which may be included by the Secretary of State in an undertaking given under subsection (2) in relation to a person who has been convicted of an offence by or before a court in the United Kingdom include terms that the person be returned to the territory to serve the remainder of the sentence after the person would otherwise be released from detention pursuant to the sentence imposed in the United Kingdom (whether or not on licence).

• (5) If a person is to be returned to a territory by virtue of an undertaking given under subsection (2), the undertaking is sufficient authority for a constable—

• (a) to remove the person from any prison or other institution where the person is detained;

• (b) to keep the person in custody until returned;

• (c) to convey the person to the territory.

Return of person in pursuance of undertaking

153B

• (1) This section applies if—

• (a) an undertaking is given under section 153A(2) as to the return of a person to a territory;

• (b) the person is returned to the territory in pursuance of the undertaking;

• (c) the person is returned to the United Kingdom to serve the remainder of any sentence imposed in the United Kingdom or the person otherwise returns to the United Kingdom.

• (2) Time during which the person was outside the United Kingdom as a result of the undertaking given under section 153A(2) does not count as time served by the person as part of the sentence.

• (3) If the person is not entitled to be released from detention pursuant to the sentence—

• (a) the person is liable to be detained in pursuance of the sentence, and

• (b) if at large, the person must be treated as being unlawfully at large.

• (4) If the person is entitled to be released from detention on licence pursuant to the sentence—

• (a) if the person was released on licence at the time of return to the territory, the licence is suspended until the person's return to the United Kingdom;

• (b) if the person was not released on licence at that time, subsections (5) to (8) apply in relation to the person (“the offender”).

• (5) The offender is liable to be detained, on return to the United Kingdom, in any place in which the offender could have been detained pursuant to the sentence before the time of return to the territory.

• (6) A constable or immigration officer may—

• (a) take the offender into custody, and

• (b) convey the offender to the place mentioned in subsection (5).

• (7) The offender must be released on licence within the period of 5 days beginning when the offender is taken (or retaken) into custody under this section.

• (8) In calculating a period of 5 days for the purposes of subsection (7) no account is to be taken of any day mentioned in any of paragraphs (a) to (d) of section 59(10).

• (9) The powers conferred on a constable by subsection (6) are exercisable in any part of the United Kingdom.

• (10) For the purposes of this section—

• (a) a person is entitled to be released from detention if there is—

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ii) a duty to release the person under Chapter 6 of Part 12 of the Criminal Justice Act 2003 ...,

• (iii) a duty to release the person under section 1, 1AA , 1AB or 7(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 or section 5, 11(2), 13, 19 or 23 of the Custodial Sentences and Weapons (Scotland) Act 2007, or

• (iv) a duty to release the person under section 1 of the Northern Ireland (Remission of Sentences) Act 1995, Article 26 of the Criminal Justice (Northern Ireland) Order 1996 or Article 17 , 18(8) or 20A(8) of the Criminal Justice (Northern Ireland) Order 2008;

• (b) an immigration officer is a person who is an immigration officer within the meaning of the Immigration Act 1971.

Return to extraditing territory to serve sentence

153C

• (1) This section applies if—

• (a) a person is extradited to the United Kingdom from a territory for the purposes of being prosecuted for an offence;

• (b) the person's extradition is made subject to a condition that an undertaking is given by or on behalf of the United Kingdom as to the person's return to the territory.

• (2) The Secretary of State may give an undertaking to a person acting on behalf of the territory as to the person's return to the territory.

• (3) The terms which may be included by the Secretary of State in an undertaking given under subsection (2) in relation to a person include terms that if the person is convicted of the offence and a sentence of imprisonment or another form of detention is imposed in respect of it, the person is to be returned to the territory to serve the sentence.

• (4) A person who is to be returned to a territory by virtue of an undertaking given under subsection (2) must be returned as soon as is reasonably practicable after the sentence is imposed and any other proceedings in respect of the offence are concluded.

• (5) If subsection (4) is complied with the sentence for the offence is treated as served but the person's conviction for the offence must be treated as a conviction for all other purposes.

• (6) The sentence for the offence is treated as served under subsection (5) only in so far as it consists of the sentence of imprisonment or another form of detention mentioned in subsection (3).

• (7) Subsection (8) applies if—

• (a) subsection (4) is not complied with, and

• (b) the person applies to the court which imposed the sentence to expedite return to the territory.

• (8) The court must order return by such date as is specified in the order unless reasonable cause is shown for the delay.

• (9) If a person is to be returned by virtue of an undertaking given under subsection (2), a constable may—

• (a) remove the person from any prison or other institution where the person is detained;

• (b) keep the person in custody until returned;

• (c) convey the person to the territory to which the person is to be returned.

Sections 153A and 153C etc : supplementary

153D

• (1) Nothing in section 153A or 153C requires the return of a person to a territory in a case in which the Secretary of State is not satisfied that the return is compatible with the Convention rights within the meaning of the Human Rights Act 1998 or with the United Kingdom's obligations under the Refugee Convention.

• (2) References in sections 153A and 153C and subsection (1) above to the Secretary of State are to be read as references to the Scottish Ministers in a case in which—

• (a) a Part 3 warrant was issued in respect of the person to be returned, and

• (b) the warrant was issued by a sheriff.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restriction on bail where undertaking given by Secretary of State

154

• (1) This section applies in relation to a person if—

• (a) the Secretary of State has given an undertaking in connection with the person’s extradition to the United Kingdom, and

• (b) the undertaking includes terms that the person be kept in custody until the conclusion of any proceedings against him in the United Kingdom for an offence.

• (2) A court, judge or justice of the peace may grant bail to the person in the proceedings only if the court, judge or justice of the peace considers that there are exceptional circumstances which justify it.

Service personnel

155

The Secretary of State may by order provide for the preceding provisions of this Part to have effect with specified modifications in relation to a case where the person whose extradition is sought or ordered is subject to service law..

Category 1 territories not applying Trade and Cooperation Agreement to old cases

155A

• (1) This section applies to a category 1 territory that deals with requests for extradition made by the United Kingdom otherwise than in accordance with the system provided for in the Title VII of Part 3 of the Trade and Cooperation Agreement 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—

• ...

• ...

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

• “the Trade and Cooperation Agreement” has the same meaning as in the European Union (Future Relationship) Act 2020 (see section 37 of that Act).

Part 4 — Police powers

Warrants and orders

Search and seizure warrants

156

• (1) A justice of the peace may, on an application made to him by a constable, issue a search and seizure warrant if he is satisfied that the requirements for the issue of a search and seizure warrant are fulfilled.

• (2) The application for a search and seizure warrant must state that—

• (a) the extradition of a person specified in the application is sought under Part 1 or Part 2;

• (b) the warrant is sought in relation to premises specified in the application;

• (c) the warrant is sought in relation to material, or material of a description, specified in the application;

• (d) that material, or material of that description, is believed to be on the premises.

• (3) If the application states that the extradition of the person is sought under Part 1, the application must also state that the person is accused in a category 1 territory specified in the application of the commission of an offence—

• (a) which is specified in the application, and

• (b) which is an extradition offence within the meaning given by section 64.

• (4) If the application states that the extradition of the person is sought under Part 2, the application must also state that the person is accused in a category 2 territory specified in the application of the commission of an offence—

• (a) which is specified in the application, and

• (b) which is an extradition offence within the meaning given by section 137.

• (5) A search and seizure warrant is a warrant authorising a constable—

• (a) to enter and search the premises specified in the application for the warrant, and

• (b) to seize and retain any material found there which falls within subsection (6).

• (6) Material falls within this subsection if—

• (a) it would be likely to be admissible evidence at a trial in the relevant part of the United Kingdom for the offence specified in the application for the warrant (on the assumption that conduct constituting that offence would constitute an offence in that part of the United Kingdom), and

• (b) it does not consist of or include items subject to legal privilege, excluded material or special procedure material.

• (7) The relevant part of the United Kingdom is the part of the United Kingdom where the justice of the peace exercises jurisdiction.

• (8) The requirements for the issue of a search and seizure warrant are that there are reasonable grounds for believing that—

• (a) the offence specified in the application has been committed by the person so specified;

• (b) the person is in the United Kingdom or is on his way to the United Kingdom;

• (c) the offence is an extradition offence within the meaning given by section 64 (if subsection (3) applies) or section 137 (if subsection (4) applies);

• (d) there is material on premises specified in the application which falls within subsection (6);

• (e) any of the conditions referred to in subsection (9) is satisfied.

• (9) The conditions are—

• (a) that it is not practicable to communicate with a person entitled to grant entry to the premises;

• (b) that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with a person entitled to grant access to the material referred to in subsection (8)(d);

• (c) that entry to the premises will not be granted unless a warrant is produced;

• (d) that the purpose of a search may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.

• (10) The preceding provisions of this section apply to Scotland with these modifications—

• (a) in subsections (1) and (7) for “justice of the peace” substitute “ sheriff ”;

• (b) in subsection (1) for “constable” substitute “ procurator fiscal ”;

• (c) for “search and seizure warrant” substitute “ warrant to search ”;

• (d) in subsection (6)(b) omit the words “, excluded material or special procedure material”;

• (e) subsections (8)(e) and (9) are omitted.

Production orders

157

• (1) A judge may, on an application made to him by a constable, make a production order if he is satisfied that the requirements for the making of a production order are fulfilled.

• (2) The application for a production order must state that—

• (a) the extradition of a person specified in the application is sought under Part 1 or Part 2;

• (b) the order is sought in relation to premises specified in the application;

• (c) the order is sought in relation to material, or material of a description, specified in the application;

• (d) the material is special procedure material or excluded material;

• (e) a person specified in the application appears to be in possession or control of the material.

• (3) If the application states that the extradition of the person is sought under Part 1, the application must also state that the person is accused in a category 1 territory specified in the application of the commission of an offence—

• (a) which is specified in the application, and

• (b) which is an extradition offence within the meaning given by section 64.

• (4) If the application states that the extradition of the person is sought under Part 2, the application must also state that the person is accused in a category 2 territory specified in the application of the commission of an offence—

• (a) which is specified in the application, and

• (b) which is an extradition offence within the meaning given by section 137.

• (5) A production order is an order either—

• (a) requiring the person the application for the order specifies as appearing to be in possession or control of special procedure material or excluded material to produce it to a constable (within the period stated in the order) for him to take away, or

• (b) requiring that person to give a constable access to the special procedure material or excluded material within the period stated in the order.

• (6) The period stated in a production order must be a period of 7 days starting with the day on which the order is made, unless it appears to the judge by whom the order is made that a longer period would be appropriate.

• (7) Production orders have effect as if they were orders of the court.

• (8) In this section “judge”—

• (a) in England and Wales, means a circuit judge;

• (b) in Northern Ireland, means a Crown Court judge.

• (9) Criminal Procedure Rules may make provision about applications under this section to a circuit judge.

Requirements for making of production order

158

• (1) These are the requirements for the making of a production order.

• (2) There must be reasonable grounds for believing that—

• (a) the offence specified in the application has been committed by the person so specified;

• (b) the person is in the United Kingdom or is on his way to the United Kingdom;

• (c) the offence is an extradition offence within the meaning given by section 64 (if section 157(3) applies) or section 137 (if section 157(4) applies);

• (d) there is material which consists of or includes special procedure material or excluded material on premises specified in the application;

• (e) the material would be likely to be admissible evidence at a trial in the relevant part of the United Kingdom for the offence specified in the application (on the assumption that conduct constituting that offence would constitute an offence in that part of the United Kingdom).

• (3) The relevant part of the United Kingdom is the part of the United Kingdom where the judge exercises jurisdiction.

• (4) It must appear that other methods of obtaining the material—

• (a) have been tried without success, or

• (b) have not been tried because they were bound to fail.

• (5) It must be in the public interest that the material should be produced or that access to it should be given.

Computer information

159

• (1) This section applies if any of the special procedure material or excluded material specified in an application for a production order consists of information stored in any electronic form.

• (2) If the order is an order requiring a person to produce the material to a constable for him to take away, it has effect as an order to produce the material in a form—

• (a) in which it can be taken away by him;

• (b) in which it is visible and legible or from which it can readily be produced in a visible and legible form.

• (3) If the order is an order requiring a person to give a constable access to the material, it has effect as an order to give him access to the material in a form—

• (a) in which it is visible and legible, or

• (b) from which it can readily be produced in a visible and legible form.

Warrants: special procedure material and excluded material

160

• (1) A judge may, on an application made to him by a constable, issue a warrant under this section if he is satisfied that—

• (a) the requirements for the making of a production order are fulfilled, and

• (b) the further requirement for the issue of a warrant under this section is fulfilled.

• (2) The application for a warrant under this section must state that—

• (a) the extradition of a person specified in the application is sought under Part 1 or Part 2;

• (b) the warrant is sought in relation to premises specified in the application;

• (c) the warrant is sought in relation to material, or material of a description, specified in the application;

• (d) the material is special procedure material or excluded material.

• (3) If the application states that the extradition of the person is sought under Part 1, the application must also state that the person is accused in a category 1 territory specified in the application of the commission of an offence—

• (a) which is specified in the application, and

• (b) which is an extradition offence within the meaning given by section 64.

• (4) If the application states that the extradition of the person is sought under Part 2, the application must also state that the person is accused in a category 2 territory specified in the application of the commission of an offence—

• (a) which is specified in the application, and

• (b) which is an extradition offence within the meaning given by section 137.

• (5) A warrant under this section authorises a constable to enter and search the premises specified in the application for the warrant and—

• (a) to seize and retain any material found there which falls within subsection (6) and which is special procedure material, if the application for the warrant states that the warrant is sought in relation to special procedure material;

• (b) to seize and retain any material found there which falls within subsection (6) and which is excluded material, if the application for the warrant states that the warrant is sought in relation to excluded material.

• (6) Material falls within this subsection if it would be likely to be admissible evidence at a trial in the relevant part of the United Kingdom for the offence specified in the application for the warrant (on the assumption that conduct constituting that offence would constitute an offence in that part of the United Kingdom).

• (7) The relevant part of the United Kingdom is the part of the United Kingdom where the judge exercises jurisdiction.

• (8) The further requirement for the issue of a warrant under this section is that any of these conditions is satisfied—

• (a) it is not practicable to communicate with a person entitled to grant entry to the premises;

• (b) it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with a person entitled to grant access to the material referred to in section 158(2)(d);

• (c) the material contains information which is subject to a restriction on disclosure or an obligation of secrecy contained in an enactment (including one passed after this Act) and is likely to be disclosed in breach of the restriction or obligation if a warrant is not issued.

• (9) In this section “judge”—

• (a) in England and Wales, means a circuit judge;

• (b) in Northern Ireland, means a Crown Court judge.

• (10) Criminal Procedure Rules may make provision about applications under this section to a circuit judge.

Search and seizure without warrant

Entry and search of premises for purposes of arrest

161

• (1) This section applies if a constable has power to arrest a person under an extradition arrest power.

• (2) A constable may enter and search any premises for the purpose of exercising the power of arrest if he has reasonable grounds for believing that the person is on the premises.

• (3) The power to search conferred by subsection (2) is exercisable only to the extent that is reasonably required for the purpose of exercising the power of arrest.

• (4) A constable who has entered premises in exercise of the power conferred by subsection (2) may seize and retain anything which is on the premises if he has reasonable grounds for believing—

• (a) that it has been obtained in consequence of the commission of an offence or it is evidence in relation to an offence, and

• (b) that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.

• (5) An offence includes an offence committed outside the United Kingdom.

• (6) If the premises contain 2 or more separate dwellings, the power conferred by subsection (2) is a power to enter and search only—

• (a) any parts of the premises which the occupiers of any dwelling comprised in the premises use in common with the occupiers of any other dwelling comprised in the premises, and

• (b) any dwelling comprised in the premises in which the constable has reasonable grounds for believing that the person may be.

Entry and search of premises on arrest

162

• (1) This section applies if a person has been arrested under an extradition arrest power at a place other than a police station.

• (2) A constable may enter and search any premises in which the person was at the time of his arrest or immediately before his arrest if he has reasonable grounds for believing—

• (a) if the person has not been convicted of the relevant offence, that there is on the premises evidence (other than items subject to legal privilege) relating to the relevant offence;

• (b) in any case, that there is on the premises evidence (other than items subject to legal privilege) relating to the identity of the person.

• (3) The relevant offence is the offence—

• (a) referred to in the Part 1 warrant, if the arrest was under a Part 1 warrant;

• (b) in respect of which the constable has reasonable grounds for believing that a Part 1 warrant has been or will be issued, if the arrest was under section 5;

• (c) in respect of which extradition is requested, if the arrest was under a warrant issued under section 71;

• (d) of which the person is accused, if the arrest was under a provisional warrant or under section 74A.

• (4) The power to search conferred by subsection (2)—

• (a) if the person has not been convicted of the relevant offence, is a power to search for evidence (other than items subject to legal privilege) relating to the relevant offence;

• (b) in any case, is a power to search for evidence (other than items subject to legal privilege) relating to the identity of the person.

• (5) The power to search conferred by subsection (2) is exercisable only to the extent that it is reasonably required for the purpose of discovering evidence in respect of which the power is available by virtue of subsection (4).

• (6) A constable may seize and retain anything for which he may search by virtue of subsections (4) and (5).

• (7) A constable who has entered premises in exercise of the power conferred by subsection (2) may seize and retain anything which is on the premises if he has reasonable grounds for believing—

• (a) that it has been obtained in consequence of the commission of an offence or it is evidence in relation to an offence, and

• (b) that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.

• (8) An offence includes an offence committed outside the United Kingdom.

• (9) If the premises contain 2 or more separate dwellings, the power conferred by subsection (2) is a power to enter and search only—

• (a) any dwelling in which the arrest took place or in which the person was immediately before his arrest, and

• (b) any parts of the premises which the occupier of any such dwelling uses in common with the occupiers of any other dwelling comprised in the premises.

Search of person on arrest

163

• (1) This section applies if a person has been arrested under an extradition arrest power at a place other than a police station.

• (2) A constable may search the person if he has reasonable grounds for believing that the person may present a danger to himself or others.

• (3) A constable may search the person if he has reasonable grounds for believing that the person may have concealed on him anything—

• (a) which he might use to assist him to escape from lawful custody;

• (b) which might be evidence relating to an offence or to the identity of the person.

• (4) The power to search conferred by subsection (3)—

• (a) is a power to search for anything falling within paragraph (a) or (b) of that subsection;

• (b) is exercisable only to the extent that is reasonably required for the purpose of discovering such a thing.

• (5) The powers conferred by subsections (2) and (3)—

• (a) do not authorise a constable to require a person to remove any of his clothing in public, other than an outer coat, jacket or gloves;

• (b) authorise a search of a person’s mouth.

• (6) A constable searching a person in exercise of the power conferred by subsection (2) may seize and retain anything he finds, if he has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or to any other person.

• (7) A constable searching a person in exercise of the power conferred by subsection (3) may seize and retain anything he finds if he has reasonable grounds for believing—

• (a) that the person might use it to assist him to escape from lawful custody;

• (b) that it is evidence of an offence or of the identity of the person or has been obtained in consequence of the commission of an offence.

• (8) An offence includes an offence committed outside the United Kingdom.

• (9) Nothing in this section affects the power conferred by section 43 of the Terrorism Act 2000 (c. 11).

Entry and search of premises after arrest

164

• (1) This section applies if a person has been arrested under an extradition arrest power.

• (2) A constable may enter and search any premises occupied or controlled by the person if the constable has reasonable grounds for suspecting—

• (a) if the person has not been convicted of the relevant offence, that there is on the premises evidence (other than items subject to legal privilege) relating to the relevant offence;

• (b) in any case, that there is on the premises evidence (other than items subject to legal privilege) relating to the identity of the person.

• (3) The relevant offence is the offence—

• (a) referred to in the Part 1 warrant, if the arrest was under a Part 1 warrant;

• (b) in respect of which the constable has reasonable grounds for believing that a Part 1 warrant has been or will be issued, if the arrest was under section 5;

• (c) in respect of which extradition is requested, if the arrest was under a warrant issued under section 71;

• (d) of which the person is accused, if the arrest was under a provisional warrant or under section 74A.

• (4) The power to search conferred by subsection (2)—

• (a) if the person has not been convicted of the relevant offence, is a power to search for evidence (other than items subject to legal privilege) relating to the relevant offence;

• (b) in any case, is a power to search for evidence (other than items subject to legal privilege) relating to the identity of the person.

• (5) The power to search conferred by subsection (2) is exercisable only to the extent that it is reasonably required for the purpose of discovering evidence in respect of which the power is available by virtue of subsection (4).

• (6) A constable may seize and retain anything for which he may search by virtue of subsections (4) and (5).

• (7) A constable who has entered premises in exercise of the power conferred by subsection (2) may seize and retain anything which is on the premises if he has reasonable grounds for believing—

• (a) that it has been obtained in consequence of the commission of an offence or it is evidence in relation to an offence, and

• (b) that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.

• (8) An offence includes an offence committed outside the United Kingdom.

• (9) The powers conferred by subsections (2) and (6) may be exercised only if a police officer of the rank of inspector or above has given written authorisation for their exercise.

• (10) But the power conferred by subsection (2) may be exercised without authorisation under subsection (9) if—

• (a) it is exercised before the person arrested is taken to a police station, and

• (b) the presence of the person at a place other than a police station is necessary for the effective exercise of the power to search.

• (11) Subsections (9) and (10) do not apply to Scotland.

Additional seizure powers

165

• (1) The Criminal Justice and Police Act 2001 (c. 16) is amended as follows.

• (2) In Part 1 of Schedule 1 (powers of seizure to which section 50 of that Act applies) at the end add—

(73D) The powers of seizure conferred by sections 156(5), 160(5), 161(4), 162(6) and (7) and 164(6) and (7) of the Extradition Act 2003 (seizure in connection with extradition).

• (3) In Part 2 of Schedule 1 (powers of seizure to which section 51 of that Act applies) at the end add—

(83A) The powers of seizure conferred by section 163(6) and (7) of the Extradition Act 2003 (seizure in connection with extradition).

Treatment following arrest

Fingerprints and samples

166

• (1) This section applies if a person has been arrested under an extradition arrest power and is detained at a police station.

• (2) Fingerprints may be taken from the person only if they are taken by a constable—

• (a) with the appropriate consent given in writing, or

• (b) without that consent, under subsection (4).

• (3) A non-intimate sample may be taken from the person only if it is taken by a constable—

• (a) with the appropriate consent given in writing, or

• (b) without that consent, under subsection (4).

• (4) Fingerprints or a non-intimate sample may be taken from the person without the appropriate consent only if a police officer of at least the rank of inspector authorises the fingerprints or sample to be taken.

Searches and examination

167

• (1) This section applies if a person has been arrested under an extradition arrest power and is detained at a police station.

• (2) If a police officer of at least the rank of inspector authorises it, the person may be searched or examined, or both, for the purpose of facilitating the ascertainment of his identity.

• (3) An identifying mark found on a search or examination under this section may be photographed—

• (a) with the appropriate consent, or

• (b) without the appropriate consent, if that consent is withheld or it is not practicable to obtain it.

• (4) The only persons entitled to carry out a search or examination, or take a photograph, under this section are—

• (a) constables;

• (b) persons designated for the purposes of this section by the appropriate police officer.

• (5) A person may not under this section—

• (a) carry out a search or examination of a person of the opposite sex;

• (b) take a photograph of any part of the body (other than the face) of a person of the opposite sex.

• (6) An intimate search may not be carried out under this section.

• (7) Ascertaining a person’s identity includes showing that he is not a particular person.

• (8) Taking a photograph includes using a process by means of which a visual image may be produced; and photographing a person must be construed accordingly.

• (9) Mark includes features and injuries and a mark is an identifying mark if its existence in a person’s case facilitates the ascertainment of his identity.

• (10) The appropriate police officer is—

• (a) in England and Wales, the chief officer of police for the police area in which the police station in question is situated;

• (b) in Northern Ireland, the Chief Constable of the Police Service of Northern Ireland.

Photographs

168

• (1) This section applies if a person has been arrested under an extradition arrest power and is detained at a police station.

• (2) The person may be photographed—

• (a) with the appropriate consent, or

• (b) without the appropriate consent, if that consent is withheld or it is not practicable to obtain it.

• (3) A person proposing to take a photograph of a person under this section—

• (a) may for the purpose of doing so require the removal of any item or substance worn on or over the whole or any part of the head or face of the person to be photographed, and

• (b) if the requirement is not complied with may remove the item or substance himself.

• (4) The only persons entitled to take a photograph under this section are—

• (a) constables;

• (b) persons designated for the purposes of this section by the appropriate police officer.

• (5) Taking a photograph includes using a process by means of which a visual image may be produced; and photographing a person must be construed accordingly.

• (6) The appropriate police officer is—

• (a) in England and Wales, the chief officer of police for the police area in which the police station in question is situated;

• (b) in Northern Ireland, the Chief Constable of the Police Service of Northern Ireland.

Evidence of identity: England and Wales

169

• (1) The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.

• (2) In section 54A (searches and examination to ascertain identity) at the end insert—

(13) Nothing in this section applies to a person arrested under an extradition arrest power.

• (3) In section 61 (fingerprinting) at the end insert—

(10) Nothing in this section applies to a person arrested under an extradition arrest power.

• (4) In section 63 (non-intimate samples) at the end insert—

(11) Nothing in this section applies to a person arrested under an extradition arrest power.

• (5) In section 64A (photographing of suspects etc.) at the end insert—

(7) Nothing in this section applies to a person arrested under an extradition arrest power.

• (6) In section 65 (interpretation of Part 5) after the definition of “appropriate consent ” insert—

“extradition arrest power” means any of the following— (a) a Part 1 warrant (within the meaning given by the Extradition Act 2003) in respect of which a certificate under section 2 of that Act has been issued; (b) section 5 of that Act; (c) a warrant issued under section 71 of that Act; (d) a provisional warrant (within the meaning given by that Act).

Evidence of identity: Northern Ireland

170

• (1) The Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/ 1341 (N.I. 12)) is amended as follows.

• (2) In Article 55A (searches and examination to ascertain identity) at the end insert—

(13) Nothing in this Article applies to a person arrested under an extradition arrest power.

• (3) In Article 61 (fingerprinting) at the end insert—

(10) Nothing in this Article applies to a person arrested under an extradition arrest power.

• (4) In Article 63 (non-intimate samples) at the end insert—

(12) Nothing in this Article applies to a person arrested under an extradition arrest power.

• (5) In Article 64A (photographing of suspects etc.) at the end insert—

(7) Nothing in this Article applies to a person arrested under an extradition arrest power.

• (6) In Article 53 (interpretation) after the definition of “drug trafficking” and “drug trafficking offence” insert—

“extradition arrest power” means any of the following— (a) a Part 1 warrant (within the meaning given by the Extradition Act 2003) in respect of which a certificate under section 2 of that Act has been issued; (b) section 5 of that Act; (c) a warrant issued under section 71 of that Act; (d) a provisional warrant (within the meaning given by that Act).

Other treatment and rights

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• (1) This section applies in relation to cases where a person—

• (a) is arrested under an extradition arrest power at a police station;

• (b) is taken to a police station after being arrested elsewhere under an extradition arrest power;

• (c) is detained at a police station after being arrested under an extradition arrest power.

• (2) In relation to those cases the Secretary of State may by order apply the provisions mentioned in subsections (3) and (4) with specified modifications.

• (3) The provisions are these provisions of the Police and Criminal Evidence Act 1984 (c. 60)—

• (a) section 54 (searches of detained persons);

• (b) section 55 (intimate searches);

• (c) section 56 (right to have someone informed when arrested);

• (d) section 58 (access to legal advice).

• (4) The provisions are these provisions of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))—

• (a) Article 55 (searches of detained persons);

• (b) Article 56 (intimate searches);

• (c) Article 57 (right to have someone informed when arrested);

• (d) Article 59 (access to legal advice).

Delivery of seized property

Delivery of seized property

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• (1) This section applies to—

• (a) anything which has been seized or produced under this Part, or

• (b) anything which has been seized under section 50 or 51 of the Criminal Justice and Police Act 2001 (c. 16) in reliance on a power of seizure conferred by this Part.

• (2) A constable may deliver any such thing to a person who is or is acting on behalf of an authority if the constable has reasonable grounds for believing that the authority—

• (a) is an authority of the relevant territory, and

• (b) has functions such that it is appropriate for the thing to be delivered to it.

• (3) If the relevant seizure power was a warrant issued under this Part, or the thing was produced under an order made under this Part, the relevant territory is the category 1 or category 2 territory specified in the application for the warrant or order.

• (4) If the relevant seizure power was section 161(4), 162(6) or (7), 163(6) or (7) or 164(6) or (7), the relevant territory is—