Office of Public Sector Information
PART 1 continued
(3) If the category 1 territory is either the imprisoning territory or the convicting territory, section 2(2)(b) has effect as if the reference to the statement referred to in subsection (5) of that section were a reference to the statement referred to in subsection (2) of this section.
(4) If the category 1 territory is the imprisoning territory—
(a) section 2(6)(e) has effect as if “the category 1 territory” read “the convicting territory”;
(b) section 10(2) has effect as if “an extradition offence” read “an extradition offence in relation to the convicting territory”;
(c) section 20(5) has effect as if after “entitled” there were inserted “in the convicting territory”;
(d) section 37(5) has effect as if “a category 1 territory” read “the convicting territory” and as if “the category 1 territory” in both places read “the convicting territory”;
(e) section 52(4) has effect as if “a category 1 territory” read “the convicting territory” and as if “the category 1 territory” in both places read “the convicting territory”;
(f) section 65(1) has effect as if “a category 1 territory” read “the convicting territory”;
(g) section 65(2) has effect as if “the category 1 territory” in the opening words and paragraphs (a) and (c) read “the convicting territory” and as if “the category 1 territory” in paragraph (b) read “the imprisoning territory”;
(h) in section 65, subsections (3), (4), (5), (6) and (8) have effect as if “the category 1 territory” in each place read “the convicting territory”.
(1) This section applies in relation to conduct of a person if—
(a) he is accused in a category 1 territory of the commission of an offence constituted by the conduct, or
(b) he is alleged to be unlawfully at large after conviction by a court in a category 1 territory of an offence constituted by the conduct and he has not been sentenced for the offence.
(2) The conduct constitutes an extradition offence in relation to the category 1 territory if these conditions are satisfied—
(a) the conduct occurs in the category 1 territory and no part of it occurs in the United Kingdom;
(b) a certificate issued by an appropriate authority of the category 1 territory shows that the conduct falls within the European framework list;
(c) 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.
(3) The conduct also constitutes an extradition offence in relation to the category 1 territory if these conditions are satisfied—
(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 (however it is described in that law).
(4) The conduct also constitutes an extradition offence in relation to the category 1 territory if these conditions are satisfied—
(a) the conduct occurs outside the category 1 territory;
(b) 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 (however it is described in that law);
(c) 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.
(5) The conduct also constitutes an extradition offence in relation to the category 1 territory if these conditions are satisfied—
(a) the conduct occurs outside the category 1 territory and no part of it occurs in the United Kingdom;
(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 1 territory (however it is described in that law).
(6) The conduct also constitutes an extradition offence in relation to the category 1 territory if these conditions are satisfied—
(a) the conduct occurs outside the category 1 territory and no part of it occurs in the United Kingdom;
(b) 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 (however it is described in that law);
(c) the conduct constitutes or if committed in the United Kingdom would constitute an offence mentioned in subsection (7).
(7) The offences are—
(a) an offence under section 51 or 58 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity and war crimes);
(b) an offence under section 52 or 59 of that Act (conduct ancillary to genocide etc. committed outside the jurisdiction);
(c) an ancillary offence, as defined in section 55 or 62 of that Act, in relation to an offence falling within paragraph (a) or (b);
(d) an offence under section 1 of the International Criminal Court (Scotland) Act 2001 (asp 13) (genocide, crimes against humanity and war crimes);
(e) an offence under section 2 of that Act (conduct ancillary to genocide etc. committed outside the jurisdiction);
(f) an ancillary offence, as defined in section 7 of that Act, in relation to an offence falling within paragraph (d) or (e).
(8) For the purposes of subsections (3)(b), (4)(c) and (5)(b)—
(a) if the conduct relates to a tax or duty, it is immaterial that the law of the relevant part of the United Kingdom does not impose the same kind of tax or duty or does not contain 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 is immaterial that the law of the relevant part of the United Kingdom does not contain rules of the same kind as those of the law of the category 1 territory.
(9) This section applies for the purposes of this Part.
(1) This section applies in relation to conduct of a person if—
(a) he is alleged to be unlawfully at large after conviction by a court in a category 1 territory of an offence constituted by the conduct, and
(b) he has been sentenced for the offence.
(2) The conduct constitutes an extradition offence in relation to the category 1 territory if these conditions are satisfied—
(a) the conduct occurs in the category 1 territory and no part of it occurs in the United Kingdom;
(b) a certificate issued by an appropriate authority of the category 1 territory shows that the conduct falls within the European framework list;
(c) the certificate shows that a sentence of imprisonment or another form of detention for a term of 12 months or a greater punishment has been imposed in the category 1 territory in respect of the conduct.
(3) The conduct also constitutes an extradition offence in relation to the category 1 territory if these conditions are satisfied—
(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 conduct also constitutes an extradition offence in relation to the category 1 territory if these conditions are satisfied—
(a) the conduct occurs outside the category 1 territory;
(b) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 1 territory in respect of the conduct;
(c) 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.
(5) The conduct also constitutes an extradition offence in relation to the category 1 territory if these conditions are satisfied—
(a) the conduct occurs outside the category 1 territory and no part of it occurs in the United Kingdom;
(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 1 territory in respect of the conduct.
(6) The conduct also constitutes an extradition offence in relation to the category 1 territory if these conditions are satisfied—
(a) the conduct occurs outside the category 1 territory and no part of it occurs in the United Kingdom;
(b) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 1 territory in respect of the conduct;
(c) the conduct constitutes or if committed in the United Kingdom would constitute an offence mentioned in subsection (7).
(7) The offences are—
(a) an offence under section 51 or 58 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity and war crimes);
(b) an offence under section 52 or 59 of that Act (conduct ancillary to genocide etc. committed outside the jurisdiction);
(c) an ancillary offence, as defined in section 55 or 62 of that Act, in relation to an offence falling within paragraph (a) or (b);
(d) an offence under section 1 of the International Criminal Court (Scotland) Act 2001 (asp 13) (genocide, crimes against humanity and war crimes);
(e) an offence under section 2 of that Act (conduct ancillary to genocide etc. committed outside the jurisdiction);
(f) an ancillary offence, as defined in section 7 of that Act, in relation to an offence falling within paragraph (d) or (e).
(8) For the purposes of subsections (3)(b), (4)(c) and (5)(b)—
(a) if the conduct relates to a tax or duty, it is immaterial that the law of the relevant part of the United Kingdom does not impose the same kind of tax or duty or does not contain 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 is immaterial that the law of the relevant part of the United Kingdom does not contain rules of the same kind as those of the law of the category 1 territory.
(9) This section applies for the purposes of this Part.
(1) Subsections (2) to (4) apply for the purposes of sections 64 and 65.
(2) An appropriate authority of a category 1 territory is a judicial authority of the territory which the appropriate judge believes has the function of issuing arrest warrants in that territory.
(3) The law of a territory is the general criminal law of the territory.
(4) The relevant part of the United Kingdom is the part of the United Kingdom in which the relevant proceedings are taking place.
(5) The relevant proceedings are the proceedings in which it is necessary to decide whether conduct constitutes an extradition offence.
(1) The appropriate judge is—
(a) in England and Wales, a District Judge (Magistrates' Courts) designated for the purposes of this Part by the Lord Chancellor;
(b) in Scotland, the sheriff of Lothian and Borders;
(c) in Northern Ireland, such county court judge or resident magistrate as is designated for the purposes of this Part by the Lord Chancellor.
(2) A designation under subsection (1) may be made for all cases or for such cases (or cases of such description) as the designation stipulates.
(3) More than one designation may be made under subsection (1).
(4) This section applies for the purposes of this Part.
(1) The extradition hearing is the hearing at which the appropriate judge is to decide whether a person in respect of whom a Part 1 warrant was issued is to be extradited to the category 1 territory in which it was issued.
(2) This section applies for the purposes of this Part.
Extradition Act 2003