The Extradition Act 2003 (Codes of Practice and Transit Code of Practice) Order 2021

Made: 28th April 2021

Coming into force: 1st May 2021

In accordance with section 223(5)[^f00003] of the Act, a draft of this Order has been laid before Parliament and approved by a resolution of each House of Parliament.

Citation, commencement and extent

1

• (1) This Order may be cited as the Extradition Act 2003 (Codes of Practice and Transit Code of Practice) Order 2021 and comes into force on 1st May 2021.

• (2) This article and article 3 extend to England and Wales, Scotland and Northern Ireland.

• (3) Article 2 extends to England and Wales and Northern Ireland.

Date on which codes of practice come into operation

2

The codes of practice entitled “Extradition Act 2003: Codes of Practice” laid before Parliament on 22nd February 2021 come into operation on 1st May 2021.

3

The code of practice entitled “Code of Practice for Non-UK Extradition Transit” laid before Parliament on 22nd February 2021 comes into operation on 1st May 2021.

Signed

Williams of Trafford — Minister of State — Home Office — 28th April 2021

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into operation, on 1st May 2021, codes of practice made under powers in the Extradition Act 2003 (“the Act”).

The first codes are the Police Powers Codes (entitled “Extradition Act 2003: Codes of Practice”) which are a revised version of existing codes made under section 173(1) of the Act in connection with the exercise by police officers and customs officers of the powers conferred by Part 4 of the Act. Part 4 of the Act sets out powers of search and seizure of premises and persons, application for warrants and production orders, entry to premises and the treatment of detained persons after arrest in extradition cases. These codes do not apply in Scotland.

The second code is the Transit Code (entitled “Code of Practice for Non-UK Extradition Transit”) which is issued for the first time pursuant to section 189D of the Act and is made in connection with the transit through the UK of persons being extradited from one foreign country to another foreign country. Sections 189A to 189C of the Act provide powers to detain and search such persons and powers to seize, retain or return items seized. This code applies throughout the UK.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.

Footnotes

[^f00001]: 2003 c.41

[^f00002]: Section 189D was inserted by section 168 of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12)

[^f00003]: The effect of section 223(5) was modified by paragraph 122 of Schedule 11 to the Anti-social Behaviour, Crime and Policing Act 2014.