Office of Public Sector Information
(1) This Part deals with extradition from the United Kingdom to the territories designated for the purposes of this Part by order made by the Secretary of State.
(2) In this Act references to category 1 territories are to the territories designated for the purposes of this Part.
(3) A territory may not be designated for the purposes of this Part if a person found guilty in the territory of a criminal offence may be sentenced to death for the offence under the general criminal law of the territory.
(1) This section applies if the designated authority receives a Part 1 warrant in respect of a person.
(2) A Part 1 warrant is an arrest warrant which is issued by a judicial authority of a category 1 territory and which contains—
(a) the statement referred to in subsection (3) and the information referred to in subsection (4), or
(b) the statement referred to in subsection (5) and the information referred to in subsection (6).
(3) The statement is one that—
(a) the person in respect of whom the Part 1 warrant is issued is accused in the category 1 territory of the commission of an offence specified in the warrant, and
(b) the Part 1 warrant is issued with a view to his arrest and extradition to the category 1 territory for the purpose of being prosecuted for the offence.
(4) The information is—
(a) particulars of the person’s identity;
(b) particulars of any other warrant issued in the category 1 territory for the person’s arrest in respect of the offence;
(c) particulars of the circumstances in which the person is alleged to have committed the offence, including the conduct alleged to constitute the offence, the time and place at which he is alleged to have committed the offence and any provision of the law of the category 1 territory under which the conduct is alleged to constitute an offence;
(d) particulars of the sentence which may be imposed under the law of the category 1 territory in respect of the offence if the person is convicted of it.
(5) The statement is one that—
(a) the person in respect of whom the Part 1 warrant is issued is alleged to be unlawfully at large after conviction of an offence specified in the warrant by a court in the category 1 territory, and
(b) the Part 1 warrant is issued with a view to his arrest and extradition to the category 1 territory for the purpose of being sentenced for the offence or of serving a sentence of imprisonment or another form of detention imposed in respect of the offence.
(6) The information is—
(a) particulars of the person’s identity;
(b) particulars of the conviction;
(c) particulars of any other warrant issued in the category 1 territory for the person’s arrest in respect of the offence;
(d) particulars of the sentence which may be imposed under the law of the category 1 territory in respect of the offence, if the person has not been sentenced for the offence;
(e) particulars of the sentence which has been imposed under the law of the category 1 territory in respect of the offence, if the person has been sentenced for the offence.
(7) The designated authority may issue a certificate under this section if it believes that the authority which issued the Part 1 warrant has the function of issuing arrest warrants in the category 1 territory.
(8) A certificate under this section must certify that the authority which issued the Part 1 warrant has the function of issuing arrest warrants in the category 1 territory.
(9) The designated authority is the authority designated for the purposes of this Part by order made by the Secretary of State.
(10) An order made under subsection (9) may—
(a) designate more than one authority;
(b) designate different authorities for different parts of the United Kingdom.
(1) This section applies if a certificate is issued under section 2 in respect of a Part 1 warrant issued in respect of a person.
(2) The warrant may be executed by a constable or a customs officer in any part of the United Kingdom.
(3) The warrant may be executed by a service policeman, but only if the service policeman would have power to arrest the person under the appropriate service law if the person had committed an offence under that law.
(4) If a service policeman has power to execute the warrant under subsection (3), he may execute the warrant in any place where he would have power to arrest the person under the appropriate service law if the person had committed an offence under that law.
(5) The warrant may be executed even if neither the warrant nor a copy of it is in the possession of the person executing it at the time of the arrest.
(6) The appropriate service law is—
(a) the Army Act 1955 (3 & 4 Eliz. 2 c. 18), if the person in respect of whom the warrant is issued is subject to military law;
(b) the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), if that person is subject to air-force law;
(c) the Naval Discipline Act 1957 (c. 53), if that person is subject to that Act.
(1) This section applies if a person is arrested under a Part 1 warrant.
(2) A copy of the warrant must be given to the person as soon as practicable after his arrest.
(3) The person must be brought as soon as practicable before the appropriate judge.
(4) If subsection (2) is not complied with and the person applies to the judge to be discharged, the judge may order his discharge.
(5) If subsection (3) is not complied with and the person applies to the judge to be discharged, the judge must order his discharge.
(6) A person arrested under the warrant must be treated as continuing in legal custody until he is brought before the appropriate judge under subsection (3) or he is discharged under subsection (4) or (5).
(1) A constable, a customs officer or a service policeman may arrest a person without a warrant if he has reasonable grounds for believing—
(a) that a Part 1 warrant has been or will be issued in respect of the person by an authority of a category 1 territory, and
(b) that the authority has the function of issuing arrest warrants in the category 1 territory.
(2) A constable or a customs officer may arrest a person under subsection (1) in any part of the United Kingdom.
(3) A service policeman may arrest a person under subsection (1) only if the service policeman would have power to arrest the person under the appropriate service law if the person had committed an offence under that law.
(4) If a service policeman has power to arrest a person under subsection (1), the service policeman may exercise the power in any place where he would have power to arrest the person for an offence under the appropriate service law if the person had committed an offence under that law.
(5) The appropriate service law is—
(a) the Army Act 1955 (3 & 4 Eliz. 2 c. 18), if the person to be arrested is subject to military law;
(b) the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), if that person is subject to air-force law;
(c) the Naval Discipline Act 1957 (c. 53), if that person is subject to that Act.
(1) This section applies if a person is arrested under section 5.
(2) The following must occur within the required period—
(a) the person must be brought before the appropriate judge;
(b) the documents specified in subsection (4) must be produced to the judge.
(3) The required period is 48 hours starting with the time when the person is arrested.
(4) The documents are—
(a) a Part 1 warrant in respect of the person;
(b) a certificate under section 2 in respect of the warrant.
(5) A copy of the warrant must be given to the person as soon as practicable after his arrest.
(6) If subsection (2) is not complied with and the person applies to the judge to be discharged, the judge must order his discharge.
(7) If subsection (5) is not complied with and the person applies to the judge to be discharged, the judge may order his discharge.
(8) The person must be treated as continuing in legal custody until he is brought before the appropriate judge under subsection (2) or he is discharged under subsection (6) or (7).
(9) Subsection (10) applies if—
(a) a person is arrested under section 5 on the basis of a belief that a Part 1 warrant has been or will be issued in respect of him;
(b) the person is discharged under subsection (6) or (7).
(10) The person must not be arrested again under section 5 on the basis of a belief relating to the same Part 1 warrant.
(1) This section applies if—
(a) a person arrested under a Part 1 warrant is brought before the appropriate judge under section 4(3), or
(b) a person is arrested under section 5 and section 6(2) is complied with in relation to him.
(2) The judge must decide whether the person brought before him is the person in respect of whom—
(a) the warrant referred to in subsection (1)(a) was issued, or
(b) the warrant referred to in section 6(4) was issued.
(3) The judge must decide the question in subsection (2) on a balance of probabilities.
(4) If the judge decides the question in subsection (2) in the negative he must order the person’s discharge.
(5) If the judge decides that question in the affirmative he must proceed under section 8.
(6) In England and Wales, the judge has the same powers (as nearly as may be) as a magistrates' court would have if the proceedings were the summary trial of an information against the person.
(7) In Scotland—
(a) the judge has the same powers (as nearly as may be) as if the proceedings were summary proceedings in respect of an offence alleged to have been committed by the person; but
(b) in his making any decision under subsection (2) evidence from a single source shall be sufficient.
(8) In Northern Ireland, the judge has the same powers (as nearly as may be) as a magistrates' court would have if the proceedings were the hearing and determination of a complaint against the person.
(9) If the judge exercises his power to adjourn the proceedings he must remand the person in custody or on bail.
(10) If the judge remands the person in custody he may later grant bail.
(1) If the judge is required to proceed under this section he must—
(a) fix a date on which the extradition hearing is to begin;
(b) inform the person of the contents of the Part 1 warrant;
(c) give the person the required information about consent;
(d) remand the person in custody or on bail.
(2) If the judge remands the person in custody he may later grant bail.
(3) The required information about consent is—
(a) that the person may consent to his extradition to the category 1 territory in which the Part 1 warrant was issued;
(b) an explanation of the effect of consent and the procedure that will apply if he gives consent;
(c) that consent must be given before the judge and is irrevocable.
(4) The date fixed under subsection (1) must not be later than the end of the permitted period, which is 21 days starting with the date of the arrest referred to in section 7(1)(a) or (b).
(5) If before the date fixed under subsection (1) (or this subsection) a party to the proceedings applies to the judge for a later date to be fixed and the judge believes it to be in the interests of justice to do so, he may fix a later date; and this subsection may apply more than once.
(6) Subsections (7) and (8) apply if the extradition hearing does not begin on or before the date fixed under this section.
(7) If the person applies to the judge to be discharged the judge must order his discharge, unless reasonable cause is shown for the delay.
(8) If no application is made under subsection (7) the judge must order the person’s discharge on the first occasion after the date fixed under this section when the person appears or is brought before the judge, unless reasonable cause is shown for the delay.
(1) In England and Wales, at the extradition hearing the appropriate judge has the same powers (as nearly as may be) as a magistrates' court would have if the proceedings were the summary trial of an information against the person in respect of whom the Part 1 warrant was issued.
(2) In Scotland, at the extradition hearing the appropriate judge has the same powers (as nearly as may be) as if the proceedings were summary proceedings in respect of an offence alleged to have been committed by the person in respect of whom the Part 1 warrant was issued.
(3) In Northern Ireland, at the extradition hearing the appropriate judge has the same powers (as nearly as may be) as a magistrates' court would have if the proceedings were the hearing and determination of a complaint against the person in respect of whom the Part 1 warrant was issued.
(4) If the judge adjourns the extradition hearing he must remand the person in custody or on bail.
(5) If the judge remands the person in custody he may later grant bail.
(1) This section applies if a person in respect of whom a Part 1 warrant is issued appears or is brought before the appropriate judge for the extradition hearing.
(2) The judge must decide whether the offence specified in the Part 1 warrant is an extradition offence.
(3) If the judge decides the question in subsection (2) in the negative he must order the person’s discharge.
(4) If the judge decides that question in the affirmative he must proceed under section 11.
(1) If the judge is required to proceed under this section he must decide whether the person’s extradition to the category 1 territory is barred by reason of—
(a) the rule against double jeopardy;
(b) extraneous considerations;
(c) the passage of time;
(d) the person’s age;
(e) hostage-taking considerations;
(f) speciality;
(g) the person’s earlier extradition to the United Kingdom from another category 1 territory;
(h) the person’s earlier extradition to the United Kingdom from a non-category 1 territory.
(2) Sections 12 to 19 apply for the interpretation of subsection (1).
(3) If the judge decides any of the questions in subsection (1) in the affirmative he must order the person’s discharge.
(4) If the judge decides those questions in the negative and the person is alleged to be unlawfully at large after conviction of the extradition offence, the judge must proceed under section 20.
(5) If the judge decides those questions in the negative and the person is accused of the commission of the extradition offence but is not alleged to be unlawfully at large after conviction of it, the judge must proceed under section 21.
A person’s extradition to a category 1 territory is barred by reason of the rule against double jeopardy if (and only if) it appears that he would be entitled to be discharged under any rule of law relating to previous acquittal or conviction on the assumption—
(a) that the conduct constituting the extradition offence constituted an offence in the part of the United Kingdom where the judge exercises jurisdiction;
(b) that the person were charged with the extradition offence in that part of the United Kingdom.
A person’s extradition to a category 1 territory is barred by reason of extraneous considerations if (and only if) it appears that—
(a) the Part 1 warrant issued in respect of him (though purporting to be issued on account of the extradition offence) is in fact issued for the purpose of prosecuting or punishing him on account of his race, religion, nationality, gender, sexual orientation or political opinions, or
(b) if extradited he might be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality, gender, sexual orientation or political opinions.
A person’s extradition to a category 1 territory is barred by reason of the passage of time if (and only if) it appears that it would be unjust or oppressive to extradite him by reason of the passage of time since he is alleged to have committed the extradition offence or since he is alleged to have become unlawfully at large (as the case may be).
A person’s extradition to a category 1 territory is barred by reason of his age if (and only if) it would be conclusively presumed because of his age that he could not be guilty of the extradition offence on the assumption—
(a) that the conduct constituting the extradition offence constituted an offence in the part of the United Kingdom where the judge exercises jurisdiction;
(b) that the person carried out the conduct when the extradition offence was committed (or alleged to be committed);
(c) that the person carried out the conduct in the part of the United Kingdom where the judge exercises jurisdiction.
(1) A person’s extradition to a category 1 territory is barred by reason of hostage-taking considerations if (and only if) the territory is a party to the Hostage-taking Convention and it appears that—
(a) if extradited he might be prejudiced at his trial because communication between him and the appropriate authorities would not be possible, and
(b) the act or omission constituting the extradition offence also constitutes an offence under section 1 of the Taking of Hostages Act 1982 (c. 28) or an attempt to commit such an offence.
(2) The appropriate authorities are the authorities of the territory which are entitled to exercise rights of protection in relation to him.
(3) A certificate issued by the Secretary of State that a territory is a party to the Hostage-taking Convention is conclusive evidence of that fact for the purposes of subsection (1).
(4) The Hostage-taking Convention is the International Convention against the Taking of Hostages opened for signature at New York on 18 December 1979.
(1) A person’s extradition to a category 1 territory is barred by reason of speciality if (and only if) there are no speciality arrangements with the category 1 territory.
(2) There are speciality arrangements with a category 1 territory if, under the law of that territory or arrangements made between it and the United Kingdom, a person who is extradited to the territory from the United Kingdom may be dealt with in the territory for an offence committed before his extradition only if—
(a) the offence is one falling within subsection (3), or
(b) the condition in subsection (4) is satisfied.
(3) The offences are—
(a) the offence in respect of which the person is extradited;
(b) an extradition offence disclosed by the same facts as that offence;
(c) an extradition offence in respect of which the appropriate judge gives his consent under section 55 to the person being dealt with;
(d) an offence which is not punishable with imprisonment or another form of detention;
(e) an offence in respect of which the person will not be detained in connection with his trial, sentence or appeal;
(f) an offence in respect of which the person waives the right that he would have (but for this paragraph) not to be dealt with for the offence.
(4) The condition is that the person is given an opportunity to leave the category 1 territory and—
(a) he does not do so before the end of the permitted period, or
(b) if he does so before the end of the permitted period, he returns there.
(5) The permitted period is 45 days starting with the day on which the person arrives in the category 1 territory.
(6) Arrangements made with a category 1 territory which is a Commonwealth country or a British overseas territory may be made for a particular case or more generally.
(7) A certificate issued by or under the authority of the Secretary of State confirming the existence of arrangements with a category 1 territory which is a Commonwealth country or a British overseas territory and stating the terms of the arrangements is conclusive evidence of those matters.
A person’s extradition to a category 1 territory is barred by reason of his earlier extradition to the United Kingdom from another category 1 territory if (and only if)—
(a) the person was extradited to the United Kingdom from another category 1 territory (the extraditing territory);
(b) under arrangements between the United Kingdom and the extraditing territory, that territory’s consent is required to the person’s extradition from the United Kingdom to the category 1 territory in respect of the extradition offence under consideration;
(c) that consent has not been given on behalf of the extraditing territory.
A person’s extradition to a category 1 territory is barred by reason of his earlier extradition to the United Kingdom from a non-category 1 territory if (and only if)—
(a) the person was extradited to the United Kingdom from a territory that is not a category 1 territory (the extraditing territory);
(b) under arrangements between the United Kingdom and the extraditing territory, that territory’s consent is required to the person’s being dealt with in the United Kingdom in respect of the extradition offence under consideration;
(c) consent has not been given on behalf of the extraditing territory to the person’s extradition from the United Kingdom to the category 1 territory in respect of the extradition offence under consideration.
(1) If the judge is required to proceed under this section (by virtue of section 11) he must decide whether the person was convicted in his presence.
(2) If the judge decides the question in subsection (1) in the affirmative he must proceed under section 21.
(3) If the judge decides that question in the negative he must decide whether the person deliberately absented himself from his trial.
(4) If the judge decides the question in subsection (3) in the affirmative he must proceed under section 21.
(5) If the judge decides that question in the negative he must decide whether the person would be entitled to a retrial or (on appeal) to a review amounting to a retrial.
(6) If the judge decides the question in subsection (5) in the affirmative he must proceed under section 21.
(7) If the judge decides that question in the negative he must order the person’s discharge.
(8) The judge must not decide the question in subsection (5) in the affirmative unless, in any proceedings that it is alleged would constitute a retrial or a review amounting to a retrial, the person would have these rights—
(a) the right to defend himself in person or through legal assistance of his own choosing or, if he had not sufficient means to pay for legal assistance, to be given it free when the interests of justice so required;
(b) the right to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him.
(1) If the judge is required to proceed under this section (by virtue of section 11 or 20) he must decide whether the person’s extradition would be compatible with the Convention rights within the meaning of the Human Rights Act 1998 (c. 42).
(2) If the judge decides the question in subsection (1) in the negative he must order the person’s discharge.
(3) If the judge decides that question in the affirmative he must order the person to be extradited to the category 1 territory in which the warrant was issued.
(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 category 1 territory.
(5) If the judge remands the person in custody he may later grant bail.
(1) This section applies if at any time in the extradition hearing the judge is informed that the person in respect of whom the Part 1 warrant is issued is charged with an offence in the United Kingdom.
(2) The judge must adjourn the extradition hearing 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 judge may adjourn the extradition hearing until the sentence has been served.
(4) If before he adjourns the extradition hearing under subsection (2) the judge has decided under section 11 whether the person’s extradition is barred by reason of the rule against double jeopardy, the judge must decide that question again after the resumption of the hearing.
(1) This section applies if at any time in the extradition hearing the judge is informed that the person in respect of whom the Part 1 warrant is issued is serving a sentence of imprisonment or another form of detention in the United Kingdom.
(2) The judge may adjourn the extradition hearing until the sentence has been served.
(1) This section applies if at any time in the extradition hearing the judge is informed that—
(a) a certificate has been issued under section 70 in respect of a request for the person’s extradition;
(b) the request has not been disposed of;
(c) an order has been made under section 179(2) for further proceedings on the warrant to be deferred until the request has been disposed of.
(2) The judge must remand the person in custody or on bail.
(3) If the judge remands the person in custody he may later grant bail.
(1) This section applies if at any time in the extradition hearing it appears to the judge that the condition in subsection (2) is satisfied.
(2) The condition is that the physical or mental condition of the person in respect of whom the Part 1 warrant is issued is such that it would be unjust or oppressive to extradite him.
(3) The judge must—
(a) order the person’s discharge, or
(b) adjourn the extradition hearing until it appears to him that the condition in subsection (2) is no longer satisfied.
(1) If the appropriate judge orders a person’s extradition under this Part, the person may appeal to the High Court against the order.
(2) But subsection (1) does not apply if the order is made under section 46 or 48.
(3) An appeal under this section may be brought on a question of law or fact.
(4) Notice of an appeal under this section must be given in accordance with rules of court before the end of the permitted period, which is 7 days starting with the day on which the order is made.
Extradition Act 2003