Anti-social Behaviour, Crime and Policing Act 2014

(3A) A person is eligible for appointment if the person is or has been— (a) a constable in any part of the United Kingdom, or (b) a police officer in an approved overseas police force, of at least the approved rank. (3B) An “approved overseas police force” is a police force which— (a) is in a country or territory outside the United Kingdom designated by regulations made by the Secretary of State, and (b) is designated in relation to that country or territory by the regulations. (3C) The “approved rank” for an approved overseas police force is the rank which is designated as the approved rank for that police force by the regulations. (3D) The College of Policing must recommend to the Secretary of State matters to be designated under this section. (3E) The Secretary of State may make regulations under this section only if they give effect to a recommendation under subsection (3D).

Financial arrangements etc for chief officers of police

141

• (1) In Schedule 2 to the Police Reform and Social Responsibility Act 2011 (chief constables), after paragraph 7 there is inserted—

(7A) (1) A chief constable may, by way of temporary loan or overdraft from a bank or otherwise, borrow sums temporarily required by the chief constable, but only— (a) for the purpose of meeting expenses pending the receipt of revenues receivable by the chief constable in respect of the period of account in which the expenses are chargeable, (b) in sterling, and (c) with the consent of the relevant police and crime commissioner. (2) A chief constable— (a) may not borrow money except as permitted by sub-paragraph (1); (b) may not enter into a credit arrangement. (3) A chief constable may invest— (a) for any purpose relevant to the chief constable's functions under any enactment, or (b) for the purpose of the prudent management of the chief constable's financial affairs, but only with the consent of the relevant police and crime commissioner. (4) The following provisions of Part 1 of the Local Government Act 2003 (capital finance etc and accounts) apply in relation to a chief constable as they apply in relation to a local authority— (a) section 6 (protection of lenders); (b) section 7 (meaning of “credit arrangements”); (c) sections 9 to 11 (capital receipts), except for section 11(2)(b) and (3) to (6); (d) section 13 (security for money borrowed etc); (e) section 14 (information); (f) section 15 (guidance); (g) section 16 (meaning of “capital expenditure”); (h) section 17 (external funds); (i) section 18 (companies etc), ignoring any reference to a Passenger Transport Executive; (j) section 20 (directions); (k) sections 21 and 22 (accounts); (l) section 24(1) and (2)(b) (application to Wales). (5) Regulations made by the Secretary of State under any of the provisions listed in sub-paragraph (4) apply in relation to the chief constable of a police force in England as they apply in relation to a local authority in England. (6) Regulations made by the Welsh Ministers under any of those provisions apply in relation to the chief constable of a police force in Wales as they apply in relation to a local authority in Wales. (7) Any of those provisions, or regulations made under them, that apply for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 apply also (so far as relevant) for the purposes of sub-paragraphs (1) to (3). (8) An order under section 217 or 218 of the Local Government and Public Involvement in Health Act 2007, as it has effect for the purposes of section 18(2)(b) of the Local Government Act 2003 as applied by sub-paragraph (4)(i), applies— (a) with the substitution of a reference to a chief constable for a reference to a local authority, and (b) with any other necessary modifications.

• (2) In Schedule 4 to that Act (Commissioner of Police of the Metropolis), after paragraph 4 there is inserted—

(4A) (1) The Commissioner of Police of the Metropolis may, by way of temporary loan or overdraft from a bank or otherwise, borrow sums temporarily required by the Commissioner, but only— (a) for the purpose of meeting expenses pending the receipt of revenues receivable by the Commissioner in respect of the period of account in which the expenses are chargeable, (b) in sterling, and (c) with the consent of the Mayor's Office for Policing and Crime. (2) The Commissioner of Police of the Metropolis— (a) may not borrow money except as permitted by sub-paragraph (1); (b) may not enter into a credit arrangement. (3) The Commissioner of Police of the Metropolis may invest— (a) for any purpose relevant to the Commissioner's functions under any enactment, or (b) for the purpose of the prudent management of the Commissioner's financial affairs, but only with the consent of the Mayor's Office for Policing and Crime. (4) The following provisions of Part 1 of the Local Government Act 2003 (capital finance etc and accounts), and any regulations made under them by the Secretary of State, apply in relation to the Commissioner of Police of the Metropolis as they apply in relation to a local authority in England— (a) section 6 (protection of lenders); (b) section 7 (meaning of “credit arrangements”); (c) sections 9 to 11 (capital receipts), except for section 11(2)(b) and (3) to (6); (d) section 13 (security for money borrowed etc); (e) section 14 (information); (f) section 15 (guidance); (g) section 16 (meaning of “capital expenditure”); (h) section 17 (external funds); (i) section 18 (companies etc), ignoring any reference to a Passenger Transport Executive; (j) section 20 (directions); (k) sections 21 and 22 (accounts). (5) Any of those provisions, or regulations made under them by the Secretary of State, that apply for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 apply also (so far as relevant) for the purposes of sub-paragraphs (1) to (3). (6) An order under section 217 of the Local Government and Public Involvement in Health Act 2007, as it has effect for the purposes of section 18(2)(b) of the Local Government Act 2003 as applied by sub-paragraph (4)(i), applies— (a) with the substitution of a reference to the Commissioner of Police of the Metropolis for a reference to a local authority, and (b) with any other necessary modifications.

Grants to local policing bodies

142

• (1) In section 46 of the Police Act 1996 (police grant), in subsection (1), for the words from “for each financial year” to the end of paragraph (b) there is substituted

for each financial year— (a) make grants to police and crime commissioners for the purposes of their functions, (b) make grants to the Common Council for the purposes of its functions as police authority, and (c) make grants to the Greater London Authority for the purposes of the functions of the Mayor's Office for Policing and Crime;

• (2) The words “for police purposes” are omitted—

• (a) in subsection (1) of section 47 of the Police Act 1996 (grants for capital expenditure);

• (b) in subsection (2) of section 92 of that Act (grants by local authorities).

Powers of local policing bodies to provide or commission services

143

• (1) A local policing body may provide or arrange for the provision of—

• (a) services that in the opinion of the local policing body will secure, or contribute to securing, crime and disorder reduction in the body's area;

• (b) services that are intended by the local policing body to help victims or witnesses of, or other persons affected by, offences and anti-social behaviour;

• (c) services of a description specified in an order made by the Secretary of State.

• (2) An order under subsection (1)(c) may make different provision for different areas.

• (3) A local policing body arranging for the provision of services under this section may make grants in connection with the arrangements.

A grant may be subject to any conditions (including conditions as to repayment) that the local policing body thinks appropriate.

• (4) In this section—

• “anti-social behaviour” means behaviour by a person that causes or is likely to cause harassment, alarm or distress to one or more other persons not of the same household as that person;

• “crime and disorder reduction” means reduction in levels of—crime and disorder (including anti-social behaviour and other behaviour adversely affecting the local environment),the misuse of drugs, alcohol and other substances, andre-offending.

Personal samples and DNA profiles

Power to take further fingerprints or non-intimate samples

144

• (1) In section 61 of the Police and Criminal Evidence Act 1984 (fingerprinting)—

• (a) in subsections (5A) and (5B), for the words after “investigation” in paragraph (b) there is substituted

but (i) subsection (3A)(a) or (b) above applies, or (ii) subsection (5C) below applies.

• (b) after subsection (5B) there is inserted—

(5C) This subsection applies where— (a) the investigation was discontinued but subsequently resumed, and (b) before the resumption of the investigation the fingerprints were destroyed pursuant to section 63D(3) below.

• (2) In section 63 of that Act (non-intimate samples)—

• (a) at the end of subsection (3ZA)(b) there is inserted “, or

(iii) subsection (3AA) below applies.

• (b) in subsection (3A)(b), for “insufficient; or” there is substituted

insufficient, or (iii) subsection (3AA) below applies; or

• (c) after subsection (3A) there is inserted—

(3AA) This subsection applies where the investigation was discontinued but subsequently resumed, and before the resumption of the investigation— (a) any DNA profile derived from the sample was destroyed pursuant to section 63D(3) below, and (b) the sample itself was destroyed pursuant to section 63R(4), (5) or (12) below.

Power to retain fingerprints or DNA profile in connection with different offence

145

• (1) For section 63P of the Police and Criminal Evidence Act 1984 (section 63D material obtained for one purpose and used for another) there is substituted—

(63P) (1) Subsection (2) applies if— (a) section 63D material is taken (or, in the case of a DNA profile, derived from a sample taken) from a person in connection with the investigation of an offence, and (b) the person is subsequently arrested for or charged with a different offence, or convicted of or given a penalty notice for a different offence. (2) Sections 63E to 63O and sections 63Q and 63T have effect in relation to the material as if the material were also taken (or, in the case of a DNA profile, derived from a sample taken)— (a) in connection with the investigation of the offence mentioned in subsection (1)(b), (b) on the date on which the person was arrested for that offence (or charged with it or given a penalty notice for it, if the person was not arrested).

• (2) The amendment made by subsection (1) applies even where the event referred to in subsection (1)(b) of the substituted section 63P occurs before the day on which this section comes into force.

Retention of personal samples that are or may be disclosable

146

• (1) In section 63U of the Police and Criminal Evidence Act 1984 (fingerprints and samples etc: exclusions from destruction rules)—

• (a) in subsection (5) (material that is or may become disclosable to the defence), for “Sections 63D to 63Q, 63S and 63T” there is substituted “ Sections 63D to 63T ”;

• (b) after that subsection there is inserted—

(5A) A sample that— (a) falls within subsection (5), and (b) but for that subsection would be required to be destroyed under section 63R, must not be used other than for the purposes of any proceedings for the offence in connection with which the sample was taken. (5B) A sample that once fell within subsection (5) but no longer does, and so becomes a sample to which section 63R applies, must be destroyed immediately if the time specified for its destruction under that section has already passed.

• (2) In Schedule 8 to the Terrorism Act 2000 (detention of terrorist suspects etc), in paragraph 20I (substituted by paragraph 1 of Schedule 1 to the Protection of Freedoms Act 2012) (fingerprints and samples etc: exclusion from destruction rules of material that is or may become disclosable to the defence)—

• (a) for “Paragraphs 20A to 20F and 20H do not apply to paragraph 20A material” there is substituted “ Paragraphs 20A to 20H do not apply to material ”;

• (b) at the end of that paragraph (which becomes sub-paragraph (1)) there is inserted—

(2) A sample that— (a) falls within sub-paragraph (1), and (b) but for that sub-paragraph would be required to be destroyed under paragraph 20G, must not be used other than for the purposes of any proceedings for the offence in connection with which the sample was taken. (3) A sample that once fell within sub-paragraph (1) but no longer does, and so becomes a sample to which paragraph 20G applies, must be destroyed immediately if the time specified for its destruction under that paragraph has already passed.

Miscellaneous

Powers to seize invalid passports etc

147

Schedule 8 (powers to seize invalid passports etc) has effect.

Port and border controls

148

Schedule 9 (amendments of or relating to Schedules 7 and 8 to the Terrorism Act 2000) has effect.

Inspection of Serious Fraud Office

149

• (1) In section 2 of the Crown Prosecution Service Inspectorate Act 2000 (functions of the Chief Inspector of the Crown Prosecution Service), after subsection (3) there is inserted—

(3A) This section applies to the Serious Fraud Office as it applies to the Crown Prosecution Service.

• (2) In section 3 of the Criminal Justice Act 1987 (disclosure of information by Serious Fraud Office)—

• (a) the word “and” before paragraph (c) of subsection (1) is omitted;

• (b) after that paragraph there is inserted

; and (d) in order to comply with a requirement imposed under paragraph 7 of the Schedule to the Crown Prosecution Service Inspectorate Act 2000,

• (c) in subsection (3), for the words from “by a member of the Serious Fraud Office” to “or elsewhere and” there is substituted

by a member of the Serious Fraud Office— (a) for the purposes of any prosecution in England and Wales, Northern Ireland or elsewhere, or (b) in order to comply with a requirement imposed under paragraph 7 of the Schedule to the Crown Prosecution Service Inspectorate Act 2000, and

Jurisdiction of Investigatory Powers Tribunal over Surveillance Commissioners

150

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

Fees for criminal record certificates etc

151

In Part 5 of the Police Act 1997 (criminal record certificates etc), in section 125 (regulations), after subsection (1) there is inserted—

(1A) In prescribing the amount of a fee that— (a) is payable in relation to applications under a particular provision of this Part, but (b) is not payable in relation to applications made by volunteers, the Secretary of State may take into account not only the costs associated with applications in relation to which the fee is payable but also the costs associated with applications under that provision made by volunteers.

Powers of community support officers

152.

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

Use of amplified noise equipment in vicinity of the Palace of Westminster

153

• (1) The Police Reform and Social Responsibility Act 2011 is amended as follows.

• (2) After section 142 there is inserted—

(142A) (1) For the purposes of this Part, the “Palace of Westminster controlled area” means the area of land in the City of Westminster that is comprised in— (a) the highways in the postal district SW1 known as— (i) Bridge Street, (ii) St Margaret's Street, and (iii) Abingdon Street, (b) so much of the highway in the postal district SW1 known as Great College Street as immediately adjoins Abingdon Street Garden, (c) Old Palace Yard, (d) Abingdon Street Garden (and its pathways), and (e) Victoria Tower Gardens. (2) In subsection (1)— - “Abingdon Street Garden” means the garden constructed on the sites of properties formerly known as 18 to 28 (both inclusive) Abingdon Street, London, SW1, together with the garden surrounding the adjoining Jewel Tower and the lawn surrounding the King George V Memorial; - “highway” has the same meaning as in the Highways Act 1980 (see section 328 of that Act); - “Old Palace Yard” includes the King George V Memorial.

• (3) In section 143 (prohibited activities in controlled area of Parliament Square)—

• (a) in the heading, at the end there is inserted “or in Palace of Westminster controlled area”;

• (b) in subsection (2)(a), after “Parliament Square” there is inserted “ or in the Palace of Westminster controlled area ”.

• (4) In section 144 (directions under section 143: further provision), in subsection (5), after “Parliament Square” there is inserted “ , or the Palace of Westminster controlled area, ”.

• (5) In section 145 (power to seize property)—

• (a) in subsection (1), at the end there is inserted “in that area”;

• (b) after that subsection there is inserted—

(1A) A constable or authorised officer may seize and retain a prohibited item that is on any land in the Palace of Westminster controlled area if it appears to that constable or officer that the item is being, or has been, used in connection with the commission of an offence under section 143 in that area.

• (c) in subsection (2), at the end there is inserted “in that area”;

• (d) after that subsection there is inserted—

(2A) A constable may seize and retain a prohibited item that is on any land outside of the Palace of Westminster controlled area if it appears to the constable that the item has been used in connection with the commission of an offence under section 143 in that area.

• (e) in subsection (8), for “subsections (1) and (2)” there is substituted “ this section ”.

• (6) In section 146 (power of court on conviction)—

• (a) in subsection (1)(b), for “the controlled area of Parliament Square” there is substituted “ a relevant area ”;

• (b) in subsection (2), for “the controlled area of Parliament Square” there is substituted “ a relevant area ”;

• (c) after that subsection there is inserted—

(2A) In this section “relevant area” means an area consisting of either or both of the following areas— (a) the controlled area of Parliament Square, and (b) the Palace of Westminster controlled area.

• (7) In section 147 (authorisation for operation of amplified noise equipment), in subsection (1)—

• (a) after “Parliament Square” there is inserted “ or the Palace of Westminster controlled area ”;

• (b) after “that land” there is inserted “ (or any part of it) ”.

• (8) In section 148 (meaning of “authorised officer” and “responsible authority”)—

• (a) in subsection (2), after “Parliament Square” there is inserted “ , or in relation to any land in the Palace of Westminster controlled area other than Royal Park land, ”;

• (b) after subsection (3) there is inserted—

(4) Responsible authority”, in relation to any land in the Palace of Westminster controlled area, means— (a) the Secretary of State, for any land comprised in Royal Park land; (b) Westminster City Council, for any other land. (5) In this section “Royal Park land” means any land of a description specified in Schedule 1 to the Royal Parks and Other Open Spaces Regulations 1997 (S.I. 1997/1639), as that Schedule has effect on the day on which the Anti-social Behaviour, Crime and Policing Act 2014 is passed.

• (9) In section 149 (effect of Part on byelaws), in subsection (3), after “Parliament Square” there is inserted “ or the Palace of Westminster controlled area ”.

• (10) In the italic cross-heading before section 142, for “Garden and adjoining pavements” there is substituted “ etc ”.

• (11) In the heading of Part 3, for “Garden and surrounding area” there is substituted “ etc ”.

Littering from vehicles

154

• (1) The Environmental Protection Act 1990 is amended as follows.

• (2) After section 88 (fixed penalty notices for leaving litter) there is inserted—

(88A) (1) The Secretary of State may make regulations under which the keeper of a vehicle may be required to pay a fixed penalty to a litter authority where there is reason to believe that a littering offence in England has been committed in respect of the vehicle. (2) A littering offence is committed in respect of a vehicle if an offence under section 87(1) occurs as a result of litter being thrown, dropped or otherwise deposited from the vehicle (whether or not by the vehicle's keeper). (3) Regulations under this section must make provision— (a) setting the amount of fixed penalties or specifying how the amount is to be determined; (b) about the period within which fixed penalties must be paid; (c) for payment within that period of a fixed penalty imposed for a littering offence committed in respect of a vehicle to discharge any liability for conviction for the offence (whether on the part of the keeper or anybody else); (d) for a fixed penalty to be payable by the keeper of a vehicle only if a written notice is given to the keeper (“a penalty notice”); (e) about the persons authorised to give penalty notices; (f) about the procedure to be followed in giving penalty notices; (g) about the form and content of penalty notices; (h) conferring rights to make representations about, and to bring appeals against, penalty notices. (4) Provision under subsection (3)(e) may authorise a person to give a penalty notice for a littering offence committed in respect of a vehicle only if— (a) the person is under a duty under section 89(1) in respect of the land where the offence is committed (and that person is a “litter authority” in relation to a fixed penalty payable under the regulations), or (b) the person is an authorised officer of a litter authority, and regulations under this section may include provision about the meaning of “authorised officer”. (5) Regulations under this section may include provision— (a) for the enforcement of penalty notices (and such provision may in particular authorise an unpaid fixed penalty to be recovered summarily as a civil debt or as if payable under an order of a court if the court so orders); (b) about the application of sums paid under penalty notices (and such provision may in particular authorise sums paid to a litter authority to be applied for the purposes of such functions of the authority as the regulations may specify); (c) about the application of the regulations to keepers of vehicles in the public service of the Crown. (6) Regulations under this section may, in consequence of any provision contained in the regulations, amend— (a) this Part, or (b) Part 2 of the London Local Authorities Act 2007. (7) Regulations under this section may— (a) make provision corresponding or similar to any provision made by or under section 88; (b) make provision subject to exceptions; (c) include saving, transitional, transitory, supplementary or consequential provision. (8) Provision of the kind mentioned in subsection (7)(a) may include provision— (a) conferring a discretion on a litter authority, subject to such constraints or limitations as the regulations may specify (whether or not of a corresponding or similar kind to those mentioned in section 97A(2)); (b) creating an offence of the kind mentioned in section 88(8B) and (8C), but may not include provision conferring power on a person to make orders or regulations. (9) In this section— - “keeper”, in relation to a vehicle, means the person by whom the vehicle is kept at the time when the littering offence in question occurs, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper; - “litter authority” has the meaning given in subsection (4)(a); - “registered keeper”, in relation to a registered vehicle, means the person in whose name the vehicle is registered; - “registered vehicle” means a vehicle which is for the time being registered under the Vehicle Excise and Registration Act 1994; - “vehicle” means a mechanically-propelled vehicle or a vehicle designed or adapted for towing by a mechanically-propelled vehicle.

• (3) In section 161 (regulations, orders and directions), after subsection (2ZA) there is inserted—

(2ZB) Subsection (2) does not apply to a statutory instrument containing regulations under section 88A if the regulations— (a) are the first set of regulations to be made under that section, or (b) include provision falling within subsection (3)(a) or (6) of that section. (2ZC) A statutory instrument to which subsection (2) does not apply by virtue of subsection (2ZB) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

PART 12 — Extradition

Amendments of the Extradition Act 2003

Date of extradition hearing

155

In section 8 of the Extradition Act 2003 (date of extradition hearing etc: extradition to category 1 territory) after subsection (4) there is inserted—

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

Extradition barred if no prosecution decision in requesting territory

156

• (1) In section 11 of the Extradition Act 2003 (bars to extradition), after paragraph (a) of subsection (1) there is inserted—

(aa) absence of prosecution decision;

• (2) After section 12 of that Act there is inserted—

(12A) (1) A person's extradition to a category 1 territory is barred by reason of absence of prosecution decision if (and only if)— (a) it appears to the appropriate judge that there are reasonable grounds for believing that— (i) the competent authorities in the category 1 territory have not made a decision to charge or have not made a decision to try (or have made neither of those decisions), and (ii) the person's absence from the category 1 territory is not the sole reason for that failure, and (b) those representing the category 1 territory do not prove that— (i) the competent authorities in the category 1 territory have made a decision to charge and a decision to try, or (ii) in a case where one of those decisions has not been made (or neither of them has been made), the person's absence from the category 1 territory is the sole reason for that failure. (2) In this section “to charge” and “to try”, in relation to a person and an extradition offence, mean— (a) to charge the person with the offence in the category 1 territory, and (b) to try the person for the offence in the category 1 territory.

• (3) In a case where the Part 1 warrant (within the meaning of the Extradition Act 2003) has been issued before the time when the amendments made by this section come into force, those amendments apply to the extradition concerned only if, at that time, the judge has not yet decided all of the questions in section 11(1) of that Act.

Proportionality

157

• (1) In section 11 of the Extradition Act 2003 (bars to extradition), in subsection (5), for “21” there is substituted “ 21A ”.

• (2) After section 21 of that Act there is inserted—

(21A) (1) If the judge is required to proceed under this section (by virtue of section 11), the judge must decide both of the following questions in respect of the extradition of the person (“D”)— (a) whether the extradition would be compatible with the Convention rights within the meaning of the Human Rights Act 1998; (b) whether the extradition would be disproportionate. (2) In deciding whether the extradition would be disproportionate, the judge must take into account the specified matters relating to proportionality (so far as the judge thinks it appropriate to do so); but the judge must not take any other matters into account. (3) These are the specified matters relating to proportionality— (a) the seriousness of the conduct alleged to constitute the extradition offence; (b) the likely penalty that would be imposed if D was found guilty of the extradition offence; (c) the possibility of the relevant foreign authorities taking measures that would be less coercive than the extradition of D. (4) The judge must order D's discharge if the judge makes one or both of these decisions— (a) that the extradition would not be compatible with the Convention rights; (b) that the extradition would be disproportionate. (5) The judge must order D to be extradited to the category 1 territory in which the warrant was issued if the judge makes both of these decisions— (a) that the extradition would be compatible with the Convention rights; (b) that the extradition would not be disproportionate. (6) If the judge makes an order under subsection (5) he must remand the person in custody or on bail to wait for extradition to the category 1 territory. (7) If the person is remanded in custody, the appropriate judge may later grant bail. (8) In this section “relevant foreign authorities” means the authorities in the territory to which D would be extradited if the extradition went ahead.

• (3) In section 2 of that Act (Part 1 warrant and certificate), after subsection (7) there is inserted—

(7A) But in the case of a Part 1 warrant containing the statement referred to in subsection (3), the designated authority must not issue a certificate under this section if it is clear to the designated authority that a judge proceeding under section 21A would be required to order the person's discharge on the basis that extradition would be disproportionate. In deciding that question, the designated authority must apply any general guidance issued for the purposes of this subsection. (7B) Any guidance under subsection (7A) may be revised, withdrawn or replaced. (7C) The function of issuing guidance under subsection (7A), or of revising, withdrawing or replacing any such guidance, is exercisable by the Lord Chief Justice of England and Wales with the concurrence of— (a) the Lord Justice General of Scotland, and (b) the Lord Chief Justice of Northern Ireland.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) In a case where the Part 1 warrant (within the meaning of the Extradition Act 2003) has been issued before the time when the amendments made by this section come into force, those amendments apply to the extradition concerned only if, at that time, the judge has not yet decided all of the questions in section 11(1) of that Act.

Hostage-taking considerations

158

• (1) Section 16 of the Extradition Act 2003 (extradition to category 1 territory barred by reason of hostage-taking considerations) is repealed.

• (2) In section 11 of that Act (bars to extradition), paragraph (e) of subsection (1) is omitted.

• (3) In a case where the Part 1 warrant (within the meaning of the Extradition Act 2003) has been issued before the time when the amendments made by this section come into force, those amendments apply to the extradition concerned only if, at that time, the judge has not yet decided all of the questions in section 11(1) of that Act.

Request for temporary transfer etc

159

Before section 22 of the Extradition Act 2003 there is inserted—

(21B) (1) This section applies if— (a) a Part 1 warrant is issued which contains the statement referred to in section 2(3) (warrant issued for purposes of prosecution for offence in category 1 territory), and (b) at any time before or in the extradition hearing, the appropriate judge is informed that a request under subsection (2) or (3) has been made. (2) A request under this subsection is a request by a judicial authority of the category 1 territory in which the warrant is issued (“the requesting territory”)— (a) that the person in respect of whom the warrant is issued be temporarily transferred to the requesting territory, or (b) that arrangements be made to enable the person to speak with representatives of an authority in the requesting territory responsible for investigating, prosecuting or trying the offence specified in the warrant. (3) A request under this subsection is a request by the person in respect of whom the warrant is issued— (a) to be temporarily transferred to the requesting territory, or (b) that arrangements be made to enable the person to speak with representatives of an authority in the requesting territory responsible for investigating, prosecuting or trying the offence specified in the warrant. (4) The judge must order further proceedings in respect of the extradition to be adjourned if the judge thinks it necessary to do so to enable the person (in the case of a request under subsection (2)) or the authority by which the warrant is issued (in the case of a request under subsection (3)) to consider whether to consent to the request. An adjournment under this subsection must not be for more than 7 days. (5) If the person or authority consents to the request, the judge must— (a) make whatever orders and directions seem appropriate for giving effect to the request; (b) order further proceedings in respect of the extradition to be adjourned for however long seems necessary to enable the orders and directions to be carried out. (6) If the request, or consent to the request, is withdrawn before effect (or full effect) has been given to it— (a) no steps (or further steps) may be taken to give effect to the request; (b) the judge may make whatever further orders and directions seem appropriate (including an order superseding one made under subsection (5)(b)). (7) A person may not make a request under paragraph (a) or (b) of subsection (3) in respect of a warrant if the person has already given consent to a request under the corresponding paragraph of subsection (2) in respect of that warrant (even if that consent has been withdrawn). (8) A person may not make a further request under paragraph (a) or (b) of subsection (3) in respect of a warrant if the person has already made a request under that paragraph in respect of that warrant (even if that request has been withdrawn). (9) If— (a) a request under subsection (2) or (3) is made before a date has been fixed on which the extradition hearing is to begin, and (b) the proceedings are adjourned under this section, the permitted period for the purposes of fixing that date (see section 8(4)) is extended by the number of days for which the proceedings are so adjourned.

Appeals

160

• (1) In section 26 of the Extradition Act 2003 (appeal against extradition order: category 1 territory)—

• (a) in subsection (3), for “section may” there is substituted

section— (a) may

• (b) at the end of that subsection there is inserted

, but (b) lies only with the leave of the High Court.

• (c) after subsection (4) there is inserted—

(5) But where a person gives notice of application for leave to appeal after the end of the permitted period, the High Court must not for that reason refuse to entertain the application if the person did everything reasonably possible to ensure that the notice was given as soon as it could be given.

• (2) In section 28 of that Act (appeal against discharge at extradition hearing: category 1 territory)—

• (a) in subsection (4), for “section may” there is substituted

section— (a) may

• (b) at the end of that subsection there is inserted

, but (b) lies only with the leave of the High Court.

• (3) In section 103 of that Act (appeal where case sent to Secretary of State)—

• (a) in subsection (4), for “section may” there is substituted

section— (a) may

• (b) at the end of that subsection there is inserted

, but (b) lies only with the leave of the High Court.

• (c) after subsection (9) there is inserted—

(10) But where a person gives notice of application for leave to appeal after the end of the permitted period, the High Court must not for that reason refuse to entertain the application if the person did everything reasonably possible to ensure that the notice was given as soon as it could be given.

• (4) In section 105 of that Act (appeal against discharge at extradition hearing: category 2 territory)—

• (a) in subsection (4), for “section may” there is substituted

section— (a) may

• (b) at the end of that subsection there is inserted

, but (b) lies only with the leave of the High Court.

• (5) In section 108 of that Act (appeal against extradition order: category 2 territory)—

• (a) in subsection (3), for “section may” there is substituted

section— (a) may

• (b) at the end of that subsection there is inserted

, but (b) lies only with the leave of the High Court.

• (c) after subsection (7) there is inserted—

(7A) Where a person gives notice of application for leave to appeal after the end of the permitted period (whether or not the application is for leave to appeal on human rights grounds), the High Court must not for that reason refuse to entertain the application if the person did everything reasonably possible to ensure that the notice was given as soon as it could be given.

• (6) In section 110 of that Act (appeal against discharge by Secretary of State)—

• (a) in subsection (4), for “section may” there is substituted

section— (a) may

• (b) at the end of that subsection there is inserted

, but (b) lies only with the leave of the High Court.

Judge informed after extradition hearing or order that person is charged with offence or serving sentence in United Kingdom

161

• (1) After section 36A of the Extradition Act 2003 there is inserted—

(36B) (1) This section applies if— (a) an order has been made for the extradition of the person in respect of whom the Part 1 warrant is issued, and (b) before the extradition order is carried out the appropriate judge is informed that the person is charged with an offence in the United Kingdom. (2) The appropriate judge must order the extradition order not to be carried out until one of these occurs— (a) the charge is disposed of; (b) the charge is withdrawn; (c) proceedings in respect of the charge are discontinued; (d) an order is made for the charge to lie on the file, or in relation to Scotland, the diet is deserted pro loco et tempore. (3) If a sentence of imprisonment or another form of detention is imposed in respect of the offence charged, the appropriate judge may order the extradition order not to be carried out until the person is released from detention pursuant to the sentence (whether on licence or otherwise). (4) Rules of court may provide that where there is an appeal against the extradition order — (a) a reference in this section to the appropriate judge has effect, in prescribed circumstances, as if it were a reference to the court hearing the appeal, and (b) this section has effect with any other prescribed modifications. (36C) (1) This section applies if— (a) an order has been made for the extradition of the person in respect of whom the Part 1 warrant is issued, and (b) before the extradition order is carried out the appropriate judge is informed that the person is serving a sentence of imprisonment or another form of detention in the United Kingdom. (2) The appropriate judge may order the extradition order not to be carried out until the person is released from detention pursuant to the sentence (whether on licence or otherwise). (3) Rules of court may provide that where there is an appeal against the extradition order — (a) a reference in this section to the appropriate judge has effect, in prescribed circumstances, as if it were a reference to the court hearing the appeal, and (b) this section has effect with any other prescribed modifications.

• (2) After section 118B of that Act there is inserted—

(118C) (1) This section applies if— (a) the Secretary of State has made an order for a person's extradition under this Part, and (b) before the extradition order is carried out the appropriate judge is informed that the person is charged with an offence in the United Kingdom. (2) The appropriate judge must order the extradition order not to be carried out until one of these occurs— (a) the charge is disposed of; (b) the charge is withdrawn; (c) proceedings in respect of the charge are discontinued; (d) an order is made for the charge to lie on the file, or in relation to Scotland, the diet is deserted pro loco et tempore. (3) If a sentence of imprisonment or another form of detention is imposed in respect of the offence charged, the appropriate judge may order the extradition order not to be carried out until the person is released from detention pursuant to the sentence (whether on licence or otherwise). (4) Rules of court may provide that where there is an appeal against the extradition order — (a) a reference in this section to the appropriate judge has effect, in prescribed circumstances, as if it were a reference to the court hearing the appeal, and (b) this section has effect with any other prescribed modifications. (118D) (1) This section applies if— (a) the Secretary of State has made an order for a person's extradition under this Part, and (b) before the extradition order is carried out the appropriate judge is informed that the person is serving a sentence of imprisonment or another form of detention in the United Kingdom. (2) The appropriate judge may order the extradition order not to be carried out until the person is released from detention pursuant to the sentence (whether on licence or otherwise). (3) Rules of court may provide that where there is an appeal against the extradition order— (a) a reference in this section to the appropriate judge has effect, in prescribed circumstances, as if it were a reference to the court hearing the appeal, and (b) this section has effect with any other prescribed modifications.

Asylum etc

162

• (1) In section 39 of the Extradition Act 2003 (asylum claim: extradition to category 1 territory)—

• (a) subsections (1) and (2) are repealed;

• (b) in subsection (3), for “The person” there is substituted

If— (a) an order is made under this Part for a person to be extradited in pursuance of a Part 1 warrant, and (b) the person has made an asylum claim (whether before or after the issue of the warrant), the person

• (2) In section 121 of that Act (asylum claim: extradition to category 2 territory)—

• (a) subsections (1) and (2) are repealed;

• (b) in subsection (3), for “The person” there is substituted

If— (a) an order is made under this Part for a person to be extradited in pursuance of a request, and (b) the person has made an asylum claim (whether before or after the making of the request), the person

• (3) In section 93 of that Act (Secretary of State's consideration of case)—

• (a) in subsection (4)(c), after “he orders the person's discharge” there is inserted “ under subsection (6A) or ”;

• (b) after subsection (6) there is inserted—

(6A) The Secretary of State may order the person's discharge if the person— (a) has been recorded by the Secretary of State as a refugee within the meaning of the Refugee Convention, or (b) has been granted leave to enter or remain in the United Kingdom on the ground that it would be a breach of Article 2 or 3 of the Human Rights Convention to remove the person to the territory to which extradition is requested.

Consent to extradition not to be taken as waiver of speciality rights

163

In the Extradition Act 2003 the following provisions are repealed—

• (a) section 45(3);

• (b) section 128(5).

Definition of “extradition offence”

164

• (1) For sections 64 and 65 of the Extradition Act 2003 there is substituted—

(64) (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 1 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 1 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 1 territory; (b) the conduct would constitute an offence under the law of the relevant part of the United Kingdom if it occurred in that part of the United Kingdom; (c) the conduct is punishable under the law of the category 1 territory with imprisonment or another form of detention for a term of 12 months or a greater punishment. (4) The conditions in this subsection are that— (a) the conduct occurs outside the category 1 territory; (b) in corresponding circumstances equivalent conduct would constitute an extra-territorial offence under the law of the relevant part of the United Kingdom; (c) the conduct is punishable under the law of the category 1 territory with imprisonment or another form of detention for a term of 12 months or a greater punishment. (5) The conditions in this subsection are that— (a) the conduct occurs in the category 1 territory; (b) no part of the conduct occurs in the United Kingdom; (c) a certificate issued by an appropriate authority of the category 1 territory shows that the conduct falls within the European framework list; (d) the certificate shows that the conduct is punishable under the law of the category 1 territory with imprisonment or another form of detention for a term of 3 years or a greater punishment. (6) For the purposes of subsections (3)(b) and (4)(b)— (a) if the conduct relates to a tax or duty, it does not matter whether the law of the relevant part of the United Kingdom imposes the same kind of tax or duty or contains rules of the same kind as those of the law of the category 1 territory; (b) if the conduct relates to customs or exchange, it does not matter whether the law of the relevant part of the United Kingdom contains rules of the same kind as those of the law of the category 1 territory. (65) (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 a category 1 territory 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 1 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 1 territory; (b) the conduct would constitute an offence under the law of the relevant part of the United Kingdom 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 1 territory in respect of the conduct. (4) The conditions in this subsection are that— (a) the conduct occurs outside the category 1 territory; (b) in corresponding circumstances equivalent conduct would constitute an extra-territorial offence under the law of the relevant 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 1 territory in respect of the conduct. (5) The conditions in this subsection are that— (a) the conduct occurs in the category 1 territory; (b) no part of the conduct occurs in the United Kingdom; (c) a certificate issued by an appropriate authority of the category 1 territory shows that the conduct falls within the European framework list; (d) the certificate shows that 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 1 territory in respect of the conduct. (6) For the purposes of subsections (3)(b) and (4)(b)— (a) if the conduct relates to a tax or duty, it does not matter whether the law of the relevant part of the United Kingdom imposes the same kind of tax or duty or contains rules of the same kind as those of the law of the category 1 territory; (b) if the conduct relates to customs or exchange, it does not matter whether the law of the relevant part of the United Kingdom contains rules of the same kind as those of the law of the category 1 territory.

• (2) In section 66 (supplementary provision for the purposes of sections 64 and 65) after subsection (1) there is inserted—

(1A) References to “conduct” (except in the expression “equivalent conduct”) are to the conduct specified in the Part 1 warrant.

• (3) In section 137 of that Act (definition of extradition offence for the purposes of Part 2 of the Act: person not sentenced for offence) for subsections (1) to (5) there is substituted—

(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.

• (4) After subsection (7) of that section there is inserted—

(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

• (5) In section 138 of that Act (definition of “extradition offence” for the purposes of Part 2 of the Act: person sentenced for offence) for subsections (1) to (5) there is substituted—

(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) After subsection (7) of that section there is inserted—

(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

Extradition to the United Kingdom to be sentenced or to serve a sentence

165

In section 142 of the Extradition Act 2003 (issue of Part 3 warrant), for subsection (2A) there is substituted—

(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.

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

166

• (1) In sections 150 and 151A of the Extradition Act 2003 (dealing with extradited person for other offences), at the end of subsection (2) there is inserted—

This is subject to section 151B.

• (2) After section 151A of that Act there is inserted—

(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.

Proceedings on deferred warrant or request etc

167

• (1) In section 180 of the Extradition Act 2003 (proceedings on deferred warrant or request)—

• (a) in subsection (1), at the end of paragraph (b) there is inserted “in the person's favour”;

• (b) after subsection (9) there is inserted—

(10) An extradition claim made in respect of a person is disposed of in the person's favour if— (a) in the case of a Part 1 warrant, the warrant is disposed of as mentioned in subsection (1)(a) or (b) of section 213; (b) in the case of a request for extradition, the request is disposed of as mentioned in subsection (2)(a) or (b) of that section.

• (2) In section 181 of that Act (proceedings where extradition deferred)—

• (a) in subsection (1), at the end of paragraph (b) there is inserted “in the person's favour”;

• (b) after subsection (9) there is inserted—

(10) An extradition claim made in respect of a person is disposed of in the person's favour if— (a) in the case of a Part 1 warrant, the warrant is disposed of as mentioned in subsection (1)(a) or (b) of section 213; (b) in the case of a request for extradition, the request is disposed of as mentioned in subsection (2)(a) or (b) of that section.

Non-UK extradition: transit through the United Kingdom

168

After section 189 of the Extradition Act 2003 there is inserted—

(189A) (1) The relevant UK authority may issue a transit certificate in relation to the non-UK extradition of a person if that authority has been requested to facilitate the transit of the person through the United Kingdom for the purposes of the extradition. (2) If the relevant UK authority issues a transit certificate in relation to the non-UK extradition of a person, an authorised officer may do any or all of the following— (a) escort the person from, or to, any means of transport used for the purposes of the extradition; (b) take the person into custody to facilitate the transit of the person through the United Kingdom for the purposes of the extradition; (c) search the person, and any item in the possession of the person, for any item which the person might use to cause physical injury to that person or any other person; (d) in a case where the person has been taken into custody under paragraph (b), search the person, and any item in the possession of the person, for any item which the person might use to escape from custody. (3) An authorised officer searching a person in the exercise of a power conferred by subsection (2)(c) or (d) may seize any item found if the officer has reasonable grounds for believing that the person searched might use the item— (a) to cause physical injury to that person or any other person; or (b) in a case where the person has been taken into custody, to escape from custody. (4) If no request is made under subsection (1) in relation to the non-UK extradition of a person, or if such a request is made but a transit certificate is not issued, that does not— (a) prevent the transit of the person through the United Kingdom for the purposes of the extradition; or (b) affect the powers which an authorised officer has (otherwise than under this section) in relation to the person while in the United Kingdom. (189B) (1) This section applies in a case where— (a) a person is being extradited, (b) the extradition is a non-UK extradition, and (c) the person makes an unscheduled arrival in the United Kingdom. (2) An authorised officer may do any or all of the following— (a) take the person into custody to facilitate the transit of the person through the United Kingdom for the purposes of the extradition; (b) search the person, and any item in the possession of the person, for any item which the person might use to cause physical injury to that person or any other person; (c) in a case where the person has been taken into custody under paragraph (a), search the person, and any item in the possession of the person, for any item which the person might use to escape from custody. (3) Any power conferred by subsection (2) may be exercised— (a) upon the unscheduled arrival, or (b) at any later time when the person is still in the United Kingdom after the unscheduled arrival. (4) A person taken into custody under this section may be kept in custody until the expiry of the period of 72 hours beginning with the time when the person is taken (or first taken) into custody under this section. (5) But if a transit certificate is issued under section 189A in respect of the non-UK extradition of the person, the person must not be kept in custody under this section after the issue of the certificate. (6) Subsection (5) does not prevent the person from being taken into custody under section 189A. (7) An authorised officer searching a person in the exercise of a power conferred by subsection (2)(b) or (c) may seize any item found if the officer has reasonable grounds for believing that the person searched might use the item— (a) to cause physical injury to that person or any other person; or (b) in a case where the person has been taken into custody, to escape from custody. (189C) (1) The extradition transit powers include power to use reasonable force when necessary. (2) An authorised officer may not, when exercising a relevant search power, require a person to remove any clothing other than an outer coat, jacket, headgear or gloves. (3) Any item seized from a person in the exercise of a relevant search power may be retained while the person is in transit through the United Kingdom. (189D) (1) The Secretary of State must issue a code of practice in connection with— (a) the exercise of extradition transit powers; (b) the retention, use and return of anything seized under a relevant search power. (2) If the Secretary of State proposes to issue a code of practice under this section the Secretary of State must— (a) publish a draft of the code; (b) consider any representations made to the Secretary of State about the draft; (c) if the Secretary of State thinks it appropriate, modify the draft in the light of any such representations. (3) The Secretary of State must lay the code before Parliament. (4) After doing so the Secretary of State may bring the code into operation by order. (5) The Secretary of State may revise the whole or any part of a code issued under this section and issue the code as revised; and subsections (2) to (4) apply to such a revised code as they apply to the original code. (6) A failure by an authorised officer to comply with a provision of a code issued under this section does not of itself make the authorised officer liable to criminal or civil proceedings. (7) A code issued under this section is admissible in evidence in any proceedings and must be taken into account by a court in determining any question to which it appears to the court to be relevant. (8) If the Secretary of State publishes a draft code of practice in connection with a matter specified in subsection (1) before the date on which this section comes into force— (a) the draft is as effective as one published under subsection (2) on or after that date; (b) representations made to the Secretary of State about the draft before that date are as effective as such representations made after that date; (c) modifications made by the Secretary of State to the draft in the light of any such representations before that date are as effective as any such modifications made on or after that date. (189E) (1) An “authorised officer” is— (a) a constable, or (b) a person who is of a description specified by the Secretary of State by order. (2) A National Crime Agency officer, prison officer, or any other person who has the powers of a constable (but is not a constable)— (a) does not have the extradition transit powers by virtue of having the powers of a constable; and (b) accordingly, has the extradition transit powers only if the person is of a description specified under subsection (1)(b). (3) These expressions have the meanings given— - “extradition transit powers” means the powers under— 1. section 189A (except the power to issue transit certificates), and 2. section 189B; - “foreign territory” means a territory outside the United Kingdom; - “non-UK extradition” means extradition from one foreign territory to another foreign territory; - “relevant search power” means a power of search under— 1. section 189A(2)(c) or (d), or 2. section 189B(2)(b) or (c); - “relevant UK authority” means— 1. the National Crime Agency (in the case of a non-UK extradition to a category 1 territory), or 2. the Secretary of State (in any other case). (4) A reference to the transit of a person through the United Kingdom is a reference to the person arriving in, being in, and departing from the United Kingdom (whether or not the person travels within the United Kingdom between arrival and departure). (5) This section applies for the purposes of section 189A to 189D (and this section).

Extradition to a territory that is party to an international Convention

169

For section 193 of the Extradition Act 2003 there is substituted—

(193) (1) The Secretary of State may by order— (a) designate an international Convention to which the United Kingdom is a party, and (b) specify conduct to which the Convention applies. (2) If the Secretary of State believes, in respect of a request for a person's extradition, that— (a) the request is for extradition to a territory that is a party to a Convention designated under subsection (1)(a), (b) the territory is not a category 1 territory or a category 2 territory, and (c) the conduct specified in the request is conduct specified under subsection (1)(b), the Secretary of State may certify that the conditions in paragraphs (a) to (c) are satisfied in relation to the extradition of the person. (3) If the Secretary of State issues a certificate under subsection (2) this Act applies in respect of the person's extradition to the territory as if the territory were a category 2 territory. (4) As applied by subsection (3), this Act has effect as if— (a) sections 71(4), 73(5), 74(11)(b), 84(7), 86(7), 137 and 138 were omitted; (b) the conduct that constituted an extradition offence for the purposes of Part 2 were the conduct specified under subsection (1)(b). (5) A certificate under subsection (3) in relation to a person is conclusive evidence that the conditions in paragraphs (a) to (c) of subsection (2) are satisfied in relation to the person's extradition.

Electronic transmission of European arrest warrant etc

170

In section 204 of the Extradition Act 2003 (warrant issued by category 1 territory: transmission by electronic means), in subsection (5)—

• (a) for “subsection (1), a” there is substituted

subsection (1)— (a) a

• (b) at the end there is inserted—

(b) information contained in the warrant is treated as being received by the designated authority in a form in which it is intelligible if the authority receives— (i) a summary of that information in English, and (ii) the text of the warrant itself, in a form in which it is legible.

Time spent in custody awaiting extradition to the United Kingdom

Discount on sentence for time spent in custody awaiting extradition: England and Wales

171

In section 49 of the Prison Act 1952 (persons unlawfully at large), after subsection (3) there is inserted—

(3A) Where— (a) a person is extradited to the United Kingdom from a category 1 territory for the purpose of serving a term of imprisonment or another form of detention mentioned in subsection (2) of this section, and (b) the person was for any time kept in custody in that territory with a view to the extradition (and not also for any other reason), the Secretary of State shall exercise the power under that subsection to direct that account shall be taken of that time in calculating the period for which the person is liable to be detained. (3B) In subsection (3A) of this section “category 1 territory” means a territory designated under the Extradition Act 2003 for the purposes of Part 1 of that Act.

Discount on sentence for time spent in custody awaiting extradition: Scotland

172