Extradition Act 2003

• (c) when the period permitted for giving notice of appeal to the Court of Appeal against the conviction ends, if notice is not given before the end of that period;

• (d) when the decision of the Court of Appeal on an appeal becomes final, if there is no appeal to the Supreme Court against that decision;

• (e) when the decision of the Supreme Court on an appeal is made, if there is such an appeal.

• (3) The decision of the Court of Appeal on an appeal becomes final—

• (a) when the period permitted for applying to the Court of Appeal for leave to appeal to the Supreme Court ends, if there is no such application;

• (b) when the period permitted for applying to the Supreme Court for leave to appeal to it ends, if the Court of Appeal refuses leave to appeal and there is no application to the Supreme Court for leave to appeal;

• (c) when the Supreme Court refuses leave to appeal to it;

• (d) at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the Supreme Court is granted, if no such appeal is brought before the end of that period.

• (4) These must be ignored for the purposes of subsections (2) and (3)—

• (a) any power of a court to extend the period permitted for giving notice of appeal or of application for leave to appeal or for applying for leave to appeal;

• (b) any power of a court to grant leave to take a step out of time.

• (5) Subsections (2) to (4) do not apply to Scotland.

Trade and Cooperation Agreement list

215

• (1) The Trade and Cooperation Agreement list is the list of conduct set out in Schedule 2.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Other interpretative provisions

216

• (1) References to a category 1 territory must be read in accordance with section 1.

• (2) References to a category 2 territory must be read in accordance with section 69.

• (2A) References in sections 74B and 74C to the designated authority must be read in accordance with section 74B(4).

• (3) Other references to the designated authority must be read in accordance with section 2(9).

• (4) References to a Part 1 warrant must be read in accordance with section 2.

• (5) References to a Part 3 warrant must be read in accordance with section 142.

• (6) References to a valid request for a person’s extradition must be read in accordance with section 70.

• (6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) “Asylum claim” has the meaning given by section 113(1) of the Nationality, Immigration and Asylum Act 2002 (c. 41).

• (7A) “ Civilian subject to service discipline ” has the same meaning as in the Armed Forces Act 2006.

• (8) A customs officer is a person commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979 (c. 2).

• (9) “High Court” in relation to Scotland means the High Court of Justiciary.

• (10) In relation to Scotland, references to an appeal being discontinued are to be construed as references to its being abandoned.

• (10A) Human Rights Convention” has the meaning given to “the Convention” by section 21(1) of the Human Rights Act 1998.

• (11) “Police officer” in relation to Northern Ireland has the same meaning as in the Police (Northern Ireland) Act 2000 (c. 32).

• (12) A provisional warrant is a warrant issued under section 73(3).

• (12A) Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol to the Convention.

• (13) “ Service policeman ” has the meaning given by section 375(1) of the Armed Forces Act 2006 .

• (13A) “ Subject to service law ” has the same meaning as in that Act.

• (15) This section and sections 213 to 215 apply for the purposes of this Act.

General

Form of documents

217

The Secretary of State may by regulations prescribe the form of any document required for the purposes of this Act.

Existing legislation on extradition

218

These Acts shall cease to have effect—

• (a) the Backing of Warrants (Republic of Ireland) Act 1965 (c. 45);

• (b) the Extradition Act 1989 (c. 33).

Amendments

219

• (1) Schedule 3 contains miscellaneous and consequential amendments.

• (2) The Secretary of State may by order make—

• (a) any supplementary, incidental or consequential provision, and

• (b) any transitory, transitional or saving provision,

which he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to any provision of this Act.

• (3) An order under subsection (2) may, in particular—

• (a) provide for any provision of this Act which comes into force before another such provision has come into force to have effect, until that other provision has come into force, with such modifications as are specified in the order, and

• (b) amend, repeal or revoke any enactment other than one contained in an Act passed in a Session after that in which this Act is passed.

• (4) The amendments that may be made under subsection (3)(b) are in addition to those made by or under any other provision of this Act.

Repeals

220

Schedule 4 contains repeals.

Commencement

221

The preceding provisions of this Act come into force in accordance with provision made by the Secretary of State by order.

Channel Islands and Isle of Man

222

An Order in Council may provide for this Act to extend to any of the Channel Islands or the Isle of Man with the modifications (if any) specified in the Order.

Orders and regulations

223

• (1) References in this section to subordinate legislation are to—

• (a) an order of the Secretary of State under this Act (other than an order within subsection (2));

• (b) an order of the Treasury under this Act;

• (c) regulations under this Act.

• (2) The orders referred to in subsection (1)(a) are—

• (a) an order for a person’s extradition or discharge;

• (b) an order deferring proceedings on a warrant or request;

• (c) an order deferring a person’s extradition in pursuance of a warrant or request.

• (3) Subordinate legislation—

• (a) may make different provision for different purposes;

• (b) may include supplementary, incidental, saving or transitional provisions.

• (4) A power to make subordinate legislation is exercisable by statutory instrument (subject to subsection (10)).

• (5) No order mentioned in subsection (6) may be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

• (6) The orders are—

• (a) an order under any of these provisions—

• section 1(1);

• section 62B(3);

• section 69(1);

• section 71(4);

• section 73(5);

• section 74(11)(b);

• section 84(7);

• section 86(7);

• section 135B(3);

• section 142(9);

• section 173(4);

• ...

• (b) an order under section 219(2) which contains any provision (whether alone or with other provisions) amending or repealing any Act or provision of an Act.

• (6A) No regulations under section 74B(8) may be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.

• (7) A statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament if it contains subordinate legislation other than an order mentioned in subsection (6) or an order under section 221.

• (8) A territory may be designated by being named in an order made by the Secretary of State under this Act or by falling within a description set out in such an order.

• (9) An order made by the Secretary of State under section 1(1) or 69(1) may provide that this Act has effect in relation to a territory designated by the order with specified modifications.

• (10) The power of the Department of Justice in Northern Ireland to make regulations under section 61(8)(b) or 134(8)(b) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 .

• (11) Regulations made by the Department of Justice are subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

Orders in Council

224

• (1) An Order in Council under section 177 or 178 is subject to annulment in pursuance of a resolution of either House of Parliament.

• (2) An Order in Council under this Act—

• (a) may make different provision for different purposes;

• (b) may include supplementary, incidental, saving or transitional provisions.

Finance

225

The following are to be paid out of money provided by Parliament—

• (a) any expenditure incurred by the Lord Chancellor under this Act;

• (b) any increase attributable to this Act in the sums payable out of money provided by Parliament under any other enactment.

Extent

226

• (1) Sections 157 to 160, 166 to 168, 171, 173 and 205 do not extend to Scotland.

• (2) Sections151B, 154, 198, 200 and 201 extend to England and Wales only.

• (3) Sections 183 and 199 extend to Scotland only.

• (4) Sections 184 and 185 extend to Northern Ireland only.

Short title

227

This Act may be cited as the Extradition Act 2003.

SCHEDULE A1 — Specified category 2 territories

• Australia

• Austria

• Belgium

• Bulgaria

• Canada

• Croatia

• Cyprus

• Czech Republic

• Denmark

• Estonia

• Finland

• France

• Germany

• Greece

• Hungary

• Iceland

• Ireland

• Italy

• Latvia

• Liechtenstein

• Lithuania

• Luxembourg

• Malta

• The Netherlands

• New Zealand

• Norway

• Poland

• Portugal

• Romania

• Slovakia

• Slovenia

• Spain

• Sweden

• Switzerland

• The United States of America.

SCHEDULE 1 — Re-extradition: modifications

Part 1 — Category 1 territories

1

In section 11(1), omit paragraphs (c), (g) and (h).

2

Omit sections 14, 18 and 19.

3

In section 21(3) and section 21A(5), for “must” substitute “ may ”.

4

In section 31(2), for paragraphs (a) and (b) substitute “ would (apart from section 187(1)) be released from detention pursuant to the UK sentence (whether or not on licence) ”.

5

In section 39(2)(a), for “a certificate is issued under section 2 in respect of the warrant” substitute “ the person would (apart from section 187(1)) be released from detention pursuant to the UK sentence (whether or not on licence) ”.

6

In section 44(2)(a), for “following his arrest under this Part” substitute “ under section 187(1) ”.

7

In section 45(1), for the words from “arrested” to “issued” substitute “ brought before the appropriate judge under section 187(1) may consent to his extradition to the territory in which the overseas sentence was imposed ”.

Part 2 — Category 2 territories

8

In section 78, omit subsections (2), (3), (5) and (8).

9

In section 78, for subsection (4) substitute—

(4) The judge must decide whether the offence specified in the request is an extradition offence.

10

In section 78(6), for “any of the questions” substitute “ the question ”.

11

In section 78(7), for “those questions” substitute “ that question ”.

12

In section 79(1), omit paragraph (c).

13

Omit section 82.

14

In section 87(3), for the words from “must send the case” to “extradited” substitute “ may order the person to be extradited to the category 2 territory ”.

15

In section 87, after subsection (3) insert—

(4) If the judge makes an order under subsection (3) he must remand the person in custody or on bail to wait for his extradition to the territory. (5) If the person is remanded in custody, the appropriate judge may later grant bail.

16

In section 103(1)—

• (a) for the words from “sends a case” to “extradited” substitute “ orders a person’s extradition under this Part ”; and

• (b) for “the relevant decision” substitute “ the order ”.

17

In section 103(2), for the words from “the person” to “the Secretary of State” substitute “ the order is made under section 128 ”.

18

In section 103, omit subsections (3), (5), (6), (7) and (8).

19

In section 103(9), for the words from “the Secretary of State” to “person” substitute “ the order is made ”.

20

In section 104, omit subsections (1)(b), (6) and (7).

21

In section 106, omit subsections (1)(b), (7) and (8).

22

In section 117(1)(a), for “the Secretary of State” substitute “ the appropriate judge ”.

23

In section 117(1)(b), for the words from “permitted period” to “extradition” substitute “ period permitted under that section ”.

24

In section 117, after subsection (1) insert—

(1A) But this section does not apply if the order is made under section 128.

25

In section 117(2), for “the Secretary of State” substitute “ the judge ”.

26

In section 119(1)(a), for “the Secretary of State” substitute “ the appropriate judge ”.

27

In section 119, in subsections (2) to (6) and in each place in subsection (7), for “the Secretary of State” substitute “ the judge ”.

28

In section 120, after subsection (1) insert—

(1A) But this section does not apply if the order for the person’s extradition is made under section 128.

29

In section 121(2)(a), for “a certificate is issued under section 70 in respect of the request” substitute “ the person would (apart from section 187(1)) be released from detention pursuant to the UK sentence (whether or not on licence) ”.

30

In section 127(1), for the words from “arrested” to “requested” substitute “ brought before the appropriate judge under section 187(1) may consent to his extradition to the territory in which the overseas sentence was imposed ”.

31

In section 127(3), before paragraph (a) insert—

(aa) must be given before the appropriate judge;

32

In section 127, omit subsections (4) and (5).

33

In section 128, after subsection (1) insert—

(1A) The judge must remand the person in custody or on bail. (1B) If the person is remanded in custody, the appropriate judge may later grant bail.

34

In section 128(4), for the words from “send the case” to “extradited” substitute “ within the period of 10 days starting with the day on which consent is given order the person’s extradition to the category 2 territory ”.

35

In section 128, after subsection (5) insert—

(6) Subsection (4) has effect subject to section 128B. (7) If subsection (4) is not complied with and the person applies to the judge to be discharged the judge must order his discharge.

36

After section 128 insert—

(128A) (1) This section applies if the appropriate judge makes an order under section 128(4) for a person’s extradition to a category 2 territory. (2) The person must be extradited to the category 2 territory before the end of the required period, which is 28 days starting with the day on which the order is made. (3) If subsection (2) is not complied with and the person applies to the judge to be discharged the judge must order his discharge, unless reasonable cause is shown for the delay. (128B) (1) This section applies if— (a) a person consents under section 127 to his extradition to a category 2 territory, and (b) before the judge orders his extradition under section 128(4), the judge is informed that the conditions in subsection (2) or (3) are met. (2) The conditions are that— (a) the Secretary of State has received another valid request for the person’s extradition to a category 2 territory; (b) the other request has not been disposed of. (3) The conditions are that— (a) a certificate has been issued under section 2 in respect of a Part 1 warrant issued in respect of the person; (b) the warrant has not been disposed of. (4) The judge must not make an order under section 128(4) until he is informed what order has been made under section 126(2) or 179(2). (5) If the order under section 126(2) or 179(2) is for further proceedings on the request under consideration to be deferred until the other request, or the warrant, has been disposed of, the judge must remand the person in custody or on bail. (6) If the person is remanded in custody, the appropriate judge may later grant bail. (7) If— (a) the order under section 126(2) or 179(2) is for further proceedings on the request under consideration to be deferred until the other request, or the warrant, has been disposed of, and (b) an order is made under section 180 for proceedings on the request under consideration to be resumed, the period specified in section 128(4) must be taken to be 10 days starting with the day on which the order under section 180 is made. (8) If the order under section 126(2) or 179(2) is for further proceedings on the other request, or the warrant, to be deferred until the request under consideration has been disposed of, the period specified in section 128(4) must be taken to be 10 days starting with the day on which the judge is informed of the order. (128C) (1) This section applies if— (a) an order is made under section 128(4) for a person to be extradited to a category 2 territory in pursuance of a request for his extradition; (b) before the person is extradited to the territory an order is made under section 126(2) or 179(2) for the person’s extradition in pursuance of the request to be deferred; (c) the appropriate judge makes an order under section 181(2) for the person’s extradition in pursuance of the request to cease to be deferred. (2) The required period for the purposes of section 128A(2) is 28 days starting with the day on which the order under section 181(2) is made.

SCHEDULE 2 — Trade and Cooperation Agreement list

1

Participation in a criminal organisation.

2

Terrorism.

3

Trafficking in human beings.

4

Sexual exploitation of children and child pornography.

5

Illicit trafficking in narcotic drugs and psychotropic substances.

6

Illicit trafficking in weapons, munitions and explosives.

7

Corruption , including bribery.

8

Fraud, including that affecting the financial interests of the European Union within the meaning of the Convention of 26 July 1995 on the protection of the European Union financial interests.

9

Laundering of the proceeds of crime.

10

Counterfeiting currency, including of the euro.

11

Computer-related crime.

12

Environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties.

13

Facilitation of unauthorised entry and residence.

14

Murder, grievous bodily injury.

15

Illicit trade in human organs and tissue.

16

Kidnapping, illegal restraint and hostage-taking.

17

Racism and xenophobia.

18

Organised or armed robbery.

19

Illicit trafficking in cultural goods, including antiques and works of art.

20

Swindling.

21

Racketeering and extortion.

22

Counterfeiting and piracy of products.

23

Forgery of administrative documents and trafficking therein.

24

Forgery of means of payment.

25

Illicit trafficking in hormonal substances and other growth promoters.

26

Illicit trafficking in nuclear or radioactive materials.

27

Trafficking in stolen vehicles.

28

Rape.

29

Arson.

30

Crimes within the jurisdiction of the International Criminal Court.

31

Unlawful seizure of aircraft/ships/spacecraft.

32

Sabotage.

SCHEDULE 3 — Amendments

Introduction

1

The amendments specified in this Schedule shall have effect.

Parliamentary Commissioner Act 1967 (c. 13)

2

In Schedule 3 to the Parliamentary Commissioner Act 1967 (c. 13) (matters not subject to investigation) for paragraph 4 substitute—

(4) Action taken by the Secretary of State under the Extradition Act 2003.

Criminal Justice Act 1967 (c. 80)

3

Section 34 of the Criminal Justice Act 1967 (c. 80) (committal of persons under twenty-one accused of extradition crimes) shall cease to have effect.

Suppression of Terrorism Act 1978 (c. 26)

4

Sections 1 (offences not to be regarded as of a political character) and 2 (restrictions on return of criminal under Extradition Act 1870 or to Republic of Ireland) of the Suppression of Terrorism Act 1978 (c. 26) shall cease to have effect.

5

For section 5 of the Suppression of Terrorism Act 1978 substitute—

(5) (1) The Secretary of State may by order direct that section 4 above shall apply in relation to a country falling within subsection (2) below as it applies in relation to a convention country, subject to the exceptions (if any) specified in the order. (2) A country falls within this subsection if— (a) it is not a convention country; and (b) it is a category 1 territory or a category 2 territory within the meaning of the Extradition Act 2003.

Criminal Justice (International Co-operation) Act 1990 (c. 5)

6

Section 22(1) of the Criminal Justice (International Co-operation) Act 1990 (c. 5) (offences to which an Order in Council under the Extradition Act 1870 can apply) shall cease to have effect.

Computer Misuse Act 1990 (c. 18)

7

Section 15 of the Computer Misuse Act 1990 (c. 18) (extradition where Schedule 1 to the Extradition Act 1989 applies) shall cease to have effect.

Aviation and Maritime Security Act 1990 (c. 31)

8

Section 49 of the Aviation and Maritime Security Act 1990 (c. 31) (extradition by virtue of Orders in Council under Extradition Act 1870) shall cease to have effect.

Criminal Justice Act 1991 (c. 53)

9

In section 47 of the Criminal Justice Act 1991 (c. 53) (persons extradited to the United Kingdom) subsection (4) shall cease to have effect.

United Nations Personnel Act 1997 (c. 13)

10

Section 6(1) of the United Nations Personnel Act 1997 (c. 13) (offences to which an Order in Council under section 2 of the Extradition Act 1870 can apply) shall cease to have effect.

Terrorism Act 2000 (c. 11)

11

Section 64(5) of the Terrorism Act 2000 (c. 11) (offences to which an Order in Council under section 2 of the Extradition Act 1870 can apply) shall cease to have effect.

International Criminal Court Act 2001 (c. 17)

12

Section 71 of the International Criminal Court Act 2001 (c. 17) (extradition: Orders in Council under the Extradition Act 1870) shall cease to have effect.

13

• (1) Part 2 of Schedule 2 to the International Criminal Court Act 2001 (delivery up to International Criminal Court of persons subject to extradition proceedings) is amended as follows.

• (2) For paragraph 7 (meaning of “extradition proceedings”) substitute—

(7) In this Part of this Schedule “extradition proceedings” means proceedings before a court or judge in the United Kingdom under the Extradition Act 2003.

• (3) In paragraph 8 (extradition proceedings in England and Wales or Northern Ireland) after sub-paragraph (5) add—

(6) References in this paragraph to a court include references to a judge.

• (4) In paragraph 9 (extradition proceedings in Scotland) after sub-paragraph (3) add—

(4) References in this paragraph to a court include references to a judge.

• (5) In paragraph 10 (power to suspend or revoke warrant or order) for sub-paragraph (1) substitute—

(1) Where a court makes a delivery order in respect of a person whose extradition has been ordered under the Extradition Act 2003, it may make any such order as is necessary to enable the delivery order to be executed.

• (6) In paragraph 10(2) omit the words “by a court or judicial officer”.

Enterprise Act 2002 (c. 40)

14

Section 191 of the Enterprise Act 2002 (c. 40) (offences to which an Order in Council under the Extradition Act 1870 can apply) shall cease to have effect.

SCHEDULE 4 — Repeals

Editorial notes