(1) This section applies if—
(a) a person is accused in the United Kingdom of the commission of an offence;
(b) the person is extradited to the United Kingdom in respect of the offence from a territory;
(c) the condition in subsection (2) or the condition in subsection (3) is satisfied.
(2) The condition is that—
(a) proceedings against the person for the offence are not begun before the end of the required period, which is 6 months starting with the day on which the person arrives in the United Kingdom on his extradition, and
(b) before the end of the period of 3 months starting immediately after the end of the required period the person asks the Secretary of State to return him to the territory from which he was extradited.
(3) The condition is that—
(a) at his trial for the offence the person is acquitted or is discharged under any of the provisions specified in subsection (4), and
(b) before the end of the period of 3 months starting immediately after the date of his acquittal or discharge the person asks the Secretary of State to return him to the territory from which he was extradited.
(4) The provisions are—
(a) section 79 or 80 of the Sentencing Code;
(b) section 246(1), (2) or (3) of the Criminal Procedure (Scotland) Act 1995 (c. 46);
(c) Article 4(1) of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)).
(5) The Secretary of State must arrange for him to be sent back, free of charge and with as little delay as possible, to the territory from which he was extradited to the United Kingdom in respect of the offence.
(6) If the accusation in subsection (1)(a) relates to the commission of an offence in Scotland, subsections (2)(b), (3)(b) and (5) apply as if the references to the Secretary of State were references to the Scottish Ministers.
153A Undertaking in relation to person serving sentence
(1) This section applies if—
(a) a person is accused in the United Kingdom of the commission of an offence or has been convicted of an offence by or before a court in the United Kingdom;
(b) a Part 3 warrant is issued in respect of the person or the Secretary of State makes a request for the extradition of the person;
(c) the person is serving a sentence of imprisonment or another form of detention in a territory;
(d) the person's extradition to the United Kingdom from the territory in pursuance of the warrant or request is made subject to a condition that an undertaking is given by or on behalf of the United Kingdom with regard to the person's treatment in the United Kingdom or return to the territory (or both).
(2) The Secretary of State may give an undertaking to a person acting on behalf of the territory with regard to either or both of these things—
(a) the treatment in the United Kingdom of the person in respect of whom the warrant is issued or the request for extradition is made;
(b) the return of that person to the territory.
(3) The terms which may be included by the Secretary of State in an undertaking given under subsection (2) in relation to a person accused in the United Kingdom of the commission of an offence include terms—
(a) that the person be kept in custody until the conclusion of the proceedings against the person for the offence and any other offence in respect of which the person is permitted to be dealt with in the United Kingdom;
(b) that the person be returned to the territory to serve the remainder of the sentence on the conclusion of those proceedings.
(4) The terms which may be included by the Secretary of State in an undertaking given under subsection (2) in relation to a person who has been convicted of an offence by or before a court in the United Kingdom include terms that the person be returned to the territory to serve the remainder of the sentence after the person would otherwise be released from detention pursuant to the sentence imposed in the United Kingdom (whether or not on licence).
(5) If a person is to be returned to a territory by virtue of an undertaking given under subsection (2), the undertaking is sufficient authority for a constable—
(a) to remove the person from any prison or other institution where the person is detained;
(b) to keep the person in custody until returned;
(c) to convey the person to the territory.
(1) This section applies if—
(a) an undertaking is given under section 153A(2) as to the return of a person to a territory;
(b) the person is returned to the territory in pursuance of the undertaking;
(c) the person is returned to the United Kingdom to serve the remainder of any sentence imposed in the United Kingdom or the person otherwise returns to the United Kingdom.
(2) Time during which the person was outside the United Kingdom as a result of the undertaking given under section 153A(2) does not count as time served by the person as part of the sentence.
(3) If the person is not entitled to be released from detention pursuant to the sentence—
(a) the person is liable to be detained in pursuance of the sentence, and
(b) if at large, the person must be treated as being unlawfully at large.
(4) If the person is entitled to be released from detention on licence pursuant to the sentence—
(a) if the person was released on licence at the time of return to the territory, the licence is suspended until the person's return to the United Kingdom;
(b) if the person was not released on licence at that time, subsections (5) to (8) apply in relation to the person (“the offender”).
(5) The offender is liable to be detained, on return to the United Kingdom, in any place in which the offender could have been detained pursuant to the sentence before the time of return to the territory.
(6) A constable or immigration officer may—
(a) take the offender into custody, and
(b) convey the offender to the place mentioned in subsection (5).
(7) The offender must be released on licence within the period of 5 days beginning when the offender is taken (or retaken) into custody under this section.
(8) In calculating a period of 5 days for the purposes of subsection (7) no account is to be taken of any day mentioned in any of paragraphs (a) to (d) of section 59(10).
(9) The powers conferred on a constable by subsection (6) are exercisable in any part of the United Kingdom.
(10) For the purposes of this section—
(a) a person is entitled to be released from detention if there is—
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii) a duty to release the person under Chapter 6 of Part 12 of the Criminal Justice Act 2003 ...,
(iii) a duty to release the person under section 1, 1AA , 1AB or 7(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 or section 5, 11(2), 13, 19 or 23 of the Custodial Sentences and Weapons (Scotland) Act 2007, or
(iv) a duty to release the person under section 1 of the Northern Ireland (Remission of Sentences) Act 1995, Article 26 of the Criminal Justice (Northern Ireland) Order 1996 or Article 17 , 18(8) or 20A(8) of the Criminal Justice (Northern Ireland) Order 2008;
(b) an immigration officer is a person who is an immigration officer within the meaning of the Immigration Act 1971.
153C Return to extraditing territory to serve sentence
(1) This section applies if—
(a) a person is extradited to the United Kingdom from a territory for the purposes of being prosecuted for an offence;
(b) the person's extradition is made subject to a condition that an undertaking is given by or on behalf of the United Kingdom as to the person's return to the territory.
(2) The Secretary of State may give an undertaking to a person acting on behalf of the territory as to the person's return to the territory.
(3) The terms which may be included by the Secretary of State in an undertaking given under subsection (2) in relation to a person include terms that if the person is convicted of the offence and a sentence of imprisonment or another form of detention is imposed in respect of it, the person is to be returned to the territory to serve the sentence.
(4) A person who is to be returned to a territory by virtue of an undertaking given under subsection (2) must be returned as soon as is reasonably practicable after the sentence is imposed and any other proceedings in respect of the offence are concluded.
(5) If subsection (4) is complied with the sentence for the offence is treated as served but the person's conviction for the offence must be treated as a conviction for all other purposes.
(6) The sentence for the offence is treated as served under subsection (5) only in so far as it consists of the sentence of imprisonment or another form of detention mentioned in subsection (3).
(7) Subsection (8) applies if—
(a) subsection (4) is not complied with, and
(b) the person applies to the court which imposed the sentence to expedite return to the territory.
(8) The court must order return by such date as is specified in the order unless reasonable cause is shown for the delay.
(9) If a person is to be returned by virtue of an undertaking given under subsection (2), a constable may—
(a) remove the person from any prison or other institution where the person is detained;
(b) keep the person in custody until returned;
(c) convey the person to the territory to which the person is to be returned.
(1) Nothing in section 153A or 153C requires the return of a person to a territory in a case in which the Secretary of State is not satisfied that the return is compatible with the Convention rights within the meaning of the Human Rights Act 1998 or with the United Kingdom's obligations under the Refugee Convention.
(2) References in sections 153A and 153C and subsection (1) above to the Secretary of State are to be read as references to the Scottish Ministers in a case in which—
(a) a Part 3 warrant was issued in respect of the person to be returned, and
(b) the warrant was issued by a sheriff.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
154 Restriction on bail where undertaking given by Secretary of State
(1) This section applies in relation to a person if—
(a) the Secretary of State has given an undertaking in connection with the person’s extradition to the United Kingdom, and
(b) the undertaking includes terms that the person be kept in custody until the conclusion of any proceedings against him in the United Kingdom for an offence.
(2) A court, judge or justice of the peace may grant bail to the person in the proceedings only if the court, judge or justice of the peace considers that there are exceptional circumstances which justify it.
The Secretary of State may by order provide for the preceding provisions of this Part to have effect with specified modifications in relation to a case where the person whose extradition is sought or ordered is subject to service law..
155A Category 1 territories not applying Trade and Cooperation Agreement to old cases
(1) This section applies to a category 1 territory that deals with requests for extradition made by the United Kingdom otherwise than in accordance with the system provided for in the Title VII of Part 3 of the Trade and Cooperation Agreement if they relate to acts committed before a particular date (“the relevant date”).
(2) In the case of a territory to which this section applies, the Secretary of State has the same powers to request a person's extradition in relation to acts committed before the relevant date as he would have in the case of a category 2 territory.
(3) The Secretary of State may by order provide that, in the case of an extradition request which—
(a) is made to a specified category 1 territory to which this section applies, and
(b) relates to acts committed before the relevant date,
this Part is to have effect as if that territory were a category 2 territory, and with such modifications as may be specified.
(4) In this section—
...
...
“specified”, in relation to an order under this section, means specified in the order.
“the Trade and Cooperation Agreement” has the same meaning as in the European Union (Future Relationship) Act 2020 (see section 37 of that Act).
(1) A justice of the peace may, on an application made to him by a constable, issue a search and seizure warrant if he is satisfied that the requirements for the issue of a search and seizure warrant are fulfilled.
(2) The application for a search and seizure warrant must state that—
(a) the extradition of a person specified in the application is sought under Part 1 or Part 2;
(b) the warrant is sought in relation to premises specified in the application;
(c) the warrant is sought in relation to material, or material of a description, specified in the application;
(d) that material, or material of that description, is believed to be on the premises.
(3) If the application states that the extradition of the person is sought under Part 1, the application must also state that the person is accused in a category 1 territory specified in the application of the commission of an offence—
(a) which is specified in the application, and
(b) which is an extradition offence within the meaning given by section 64.
(4) If the application states that the extradition of the person is sought under Part 2, the application must also state that the person is accused in a category 2 territory specified in the application of the commission of an offence—
(a) which is specified in the application, and
(b) which is an extradition offence within the meaning given by section 137.
(5) A search and seizure warrant is a warrant authorising a constable—
(a) to enter and search the premises specified in the application for the warrant, and
(b) to seize and retain any material found there which falls within subsection (6).
(6) Material falls within this subsection if—
(a) it would be likely to be admissible evidence at a trial in the relevant part of the United Kingdom for the offence specified in the application for the warrant (on the assumption that conduct constituting that offence would constitute an offence in that part of the United Kingdom), and
(b) it does not consist of or include items subject to legal privilege, excluded material or special procedure material.
(7) The relevant part of the United Kingdom is the part of the United Kingdom where the justice of the peace exercises jurisdiction.
(8) The requirements for the issue of a search and seizure warrant are that there are reasonable grounds for believing that—
(a) the offence specified in the application has been committed by the person so specified;
(b) the person is in the United Kingdom or is on his way to the United Kingdom;
(c) the offence is an extradition offence within the meaning given by section 64 (if subsection (3) applies) or section 137 (if subsection (4) applies);
(d) there is material on premises specified in the application which falls within subsection (6);
(e) any of the conditions referred to in subsection (9) is satisfied.
(9) The conditions are—
(a) that it is not practicable to communicate with a person entitled to grant entry to the premises;
(b) that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with a person entitled to grant access to the material referred to in subsection (8)(d);
(c) that entry to the premises will not be granted unless a warrant is produced;
(d) that the purpose of a search may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.
(10) The preceding provisions of this section apply to Scotland with these modifications—
(a) in subsections (1) and (7) for “justice of the peace” substitute “ sheriff ”;
(b) in subsection (1) for “constable” substitute “ procurator fiscal ”;
(c) for “search and seizure warrant” substitute “ warrant to search ”;
(d) in subsection (6)(b) omit the words “, excluded material or special procedure material”;
(e) subsections (8)(e) and (9) are omitted.
(1) A judge may, on an application made to him by a constable, make a production order if he is satisfied that the requirements for the making of a production order are fulfilled.
(2) The application for a production order must state that—
(a) the extradition of a person specified in the application is sought under Part 1 or Part 2;
(b) the order is sought in relation to premises specified in the application;
(c) the order is sought in relation to material, or material of a description, specified in the application;
(d) the material is special procedure material or excluded material;
(e) a person specified in the application appears to be in possession or control of the material.
(3) If the application states that the extradition of the person is sought under Part 1, the application must also state that the person is accused in a category 1 territory specified in the application of the commission of an offence—
(a) which is specified in the application, and
(b) which is an extradition offence within the meaning given by section 64.
(4) If the application states that the extradition of the person is sought under Part 2, the application must also state that the person is accused in a category 2 territory specified in the application of the commission of an offence—
(a) which is specified in the application, and
(b) which is an extradition offence within the meaning given by section 137.
(5) A production order is an order either—
(a) requiring the person the application for the order specifies as appearing to be in possession or control of special procedure material or excluded material to produce it to a constable (within the period stated in the order) for him to take away, or
(b) requiring that person to give a constable access to the special procedure material or excluded material within the period stated in the order.
(6) The period stated in a production order must be a period of 7 days starting with the day on which the order is made, unless it appears to the judge by whom the order is made that a longer period would be appropriate.
(7) Production orders have effect as if they were orders of the court.
(8) In this section “judge”—
(a) in England and Wales, means a circuit judge;
(b) in Northern Ireland, means a Crown Court judge.
(9) Criminal Procedure Rules may make provision about applications under this section to a circuit judge.
(1) These are the requirements for the making of a production order.
(2) There must be reasonable grounds for believing that—
(a) the offence specified in the application has been committed by the person so specified;
(b) the person is in the United Kingdom or is on his way to the United Kingdom;
(c) the offence is an extradition offence within the meaning given by section 64 (if section 157(3) applies) or section 137 (if section 157(4) applies);
(d) there is material which consists of or includes special procedure material or excluded material on premises specified in the application;
(e) the material would be likely to be admissible evidence at a trial in the relevant part of the United Kingdom for the offence specified in the application (on the assumption that conduct constituting that offence would constitute an offence in that part of the United Kingdom).
(3) The relevant part of the United Kingdom is the part of the United Kingdom where the judge exercises jurisdiction.
(4) It must appear that other methods of obtaining the material—
(a) have been tried without success, or
(b) have not been tried because they were bound to fail.
(5) It must be in the public interest that the material should be produced or that access to it should be given.
(1) This section applies if any of the special procedure material or excluded material specified in an application for a production order consists of information stored in any electronic form.
(2) If the order is an order requiring a person to produce the material to a constable for him to take away, it has effect as an order to produce the material in a form—
(a) in which it can be taken away by him;
(b) in which it is visible and legible or from which it can readily be produced in a visible and legible form.
(3) If the order is an order requiring a person to give a constable access to the material, it has effect as an order to give him access to the material in a form—
(a) in which it is visible and legible, or
(b) from which it can readily be produced in a visible and legible form.
160 Warrants: special procedure material and excluded material
(1) A judge may, on an application made to him by a constable, issue a warrant under this section if he is satisfied that—
(a) the requirements for the making of a production order are fulfilled, and
(b) the further requirement for the issue of a warrant under this section is fulfilled.
(2) The application for a warrant under this section must state that—
(a) the extradition of a person specified in the application is sought under Part 1 or Part 2;
(b) the warrant is sought in relation to premises specified in the application;
(c) the warrant is sought in relation to material, or material of a description, specified in the application;
(d) the material is special procedure material or excluded material.
(3) If the application states that the extradition of the person is sought under Part 1, the application must also state that the person is accused in a category 1 territory specified in the application of the commission of an offence—
(a) which is specified in the application, and
(b) which is an extradition offence within the meaning given by section 64.
(4) If the application states that the extradition of the person is sought under Part 2, the application must also state that the person is accused in a category 2 territory specified in the application of the commission of an offence—
(a) which is specified in the application, and
(b) which is an extradition offence within the meaning given by section 137.
(5) A warrant under this section authorises a constable to enter and search the premises specified in the application for the warrant and—
(a) to seize and retain any material found there which falls within subsection (6) and which is special procedure material, if the application for the warrant states that the warrant is sought in relation to special procedure material;
(b) to seize and retain any material found there which falls within subsection (6) and which is excluded material, if the application for the warrant states that the warrant is sought in relation to excluded material.
(6) Material falls within this subsection if it would be likely to be admissible evidence at a trial in the relevant part of the United Kingdom for the offence specified in the application for the warrant (on the assumption that conduct constituting that offence would constitute an offence in that part of the United Kingdom).
(7) The relevant part of the United Kingdom is the part of the United Kingdom where the judge exercises jurisdiction.
(8) The further requirement for the issue of a warrant under this section is that any of these conditions is satisfied—
(a) it is not practicable to communicate with a person entitled to grant entry to the premises;
(b) it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with a person entitled to grant access to the material referred to in section 158(2)(d);
(c) the material contains information which is subject to a restriction on disclosure or an obligation of secrecy contained in an enactment (including one passed after this Act) and is likely to be disclosed in breach of the restriction or obligation if a warrant is not issued.
(9) In this section “judge”—
(a) in England and Wales, means a circuit judge;
(b) in Northern Ireland, means a Crown Court judge.
(10) Criminal Procedure Rules may make provision about applications under this section to a circuit judge.
161 Entry and search of premises for purposes of arrest
(1) This section applies if a constable has power to arrest a person under an extradition arrest power.
(2) A constable may enter and search any premises for the purpose of exercising the power of arrest if he has reasonable grounds for believing that the person is on the premises.
(3) The power to search conferred by subsection (2) is exercisable only to the extent that is reasonably required for the purpose of exercising the power of arrest.
(4) A constable who has entered premises in exercise of the power conferred by subsection (2) may seize and retain anything which is on the premises if he has reasonable grounds for believing—
(a) that it has been obtained in consequence of the commission of an offence or it is evidence in relation to an offence, and
(b) that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.
(5) An offence includes an offence committed outside the United Kingdom.
(6) If the premises contain 2 or more separate dwellings, the power conferred by subsection (2) is a power to enter and search only—
(a) any parts of the premises which the occupiers of any dwelling comprised in the premises use in common with the occupiers of any other dwelling comprised in the premises, and
(b) any dwelling comprised in the premises in which the constable has reasonable grounds for believing that the person may be.
(1) This section applies if a person has been arrested under an extradition arrest power at a place other than a police station.
(2) A constable may enter and search any premises in which the person was at the time of his arrest or immediately before his arrest if he has reasonable grounds for believing—
(a) if the person has not been convicted of the relevant offence, that there is on the premises evidence (other than items subject to legal privilege) relating to the relevant offence;
(b) in any case, that there is on the premises evidence (other than items subject to legal privilege) relating to the identity of the person.
(3) The relevant offence is the offence—
(a) referred to in the Part 1 warrant, if the arrest was under a Part 1 warrant;
(b) in respect of which the constable has reasonable grounds for believing that a Part 1 warrant has been or will be issued, if the arrest was under section 5;
(c) in respect of which extradition is requested, if the arrest was under a warrant issued under section 71;
(d) of which the person is accused, if the arrest was under a provisional warrant or under section 74A.
(4) The power to search conferred by subsection (2)—
(a) if the person has not been convicted of the relevant offence, is a power to search for evidence (other than items subject to legal privilege) relating to the relevant offence;
(b) in any case, is a power to search for evidence (other than items subject to legal privilege) relating to the identity of the person.
(5) The power to search conferred by subsection (2) is exercisable only to the extent that it is reasonably required for the purpose of discovering evidence in respect of which the power is available by virtue of subsection (4).
(6) A constable may seize and retain anything for which he may search by virtue of subsections (4) and (5).
(7) A constable who has entered premises in exercise of the power conferred by subsection (2) may seize and retain anything which is on the premises if he has reasonable grounds for believing—
(a) that it has been obtained in consequence of the commission of an offence or it is evidence in relation to an offence, and
(b) that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.
(8) An offence includes an offence committed outside the United Kingdom.
(9) If the premises contain 2 or more separate dwellings, the power conferred by subsection (2) is a power to enter and search only—
(a) any dwelling in which the arrest took place or in which the person was immediately before his arrest, and
(b) any parts of the premises which the occupier of any such dwelling uses in common with the occupiers of any other dwelling comprised in the premises.
(1) This section applies if a person has been arrested under an extradition arrest power at a place other than a police station.
(2) A constable may search the person if he has reasonable grounds for believing that the person may present a danger to himself or others.
(3) A constable may search the person if he has reasonable grounds for believing that the person may have concealed on him anything—
(a) which he might use to assist him to escape from lawful custody;
(b) which might be evidence relating to an offence or to the identity of the person.
(4) The power to search conferred by subsection (3)—
(a) is a power to search for anything falling within paragraph (a) or (b) of that subsection;
(b) is exercisable only to the extent that is reasonably required for the purpose of discovering such a thing.
(5) The powers conferred by subsections (2) and (3)—
(a) do not authorise a constable to require a person to remove any of his clothing in public, other than an outer coat, jacket or gloves;
(b) authorise a search of a person’s mouth.
(6) A constable searching a person in exercise of the power conferred by subsection (2) may seize and retain anything he finds, if he has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or to any other person.
(7) A constable searching a person in exercise of the power conferred by subsection (3) may seize and retain anything he finds if he has reasonable grounds for believing—
(a) that the person might use it to assist him to escape from lawful custody;
(b) that it is evidence of an offence or of the identity of the person or has been obtained in consequence of the commission of an offence.
(8) An offence includes an offence committed outside the United Kingdom.
(9) Nothing in this section affects the power conferred by section 43 of the Terrorism Act 2000 (c. 11).
(1) This section applies if a person has been arrested under an extradition arrest power.
(2) A constable may enter and search any premises occupied or controlled by the person if the constable has reasonable grounds for suspecting—
(a) if the person has not been convicted of the relevant offence, that there is on the premises evidence (other than items subject to legal privilege) relating to the relevant offence;
(b) in any case, that there is on the premises evidence (other than items subject to legal privilege) relating to the identity of the person.
(3) The relevant offence is the offence—
(a) referred to in the Part 1 warrant, if the arrest was under a Part 1 warrant;
(b) in respect of which the constable has reasonable grounds for believing that a Part 1 warrant has been or will be issued, if the arrest was under section 5;
(c) in respect of which extradition is requested, if the arrest was under a warrant issued under section 71;
(d) of which the person is accused, if the arrest was under a provisional warrant or under section 74A.
(4) The power to search conferred by subsection (2)—
(a) if the person has not been convicted of the relevant offence, is a power to search for evidence (other than items subject to legal privilege) relating to the relevant offence;
(b) in any case, is a power to search for evidence (other than items subject to legal privilege) relating to the identity of the person.
(5) The power to search conferred by subsection (2) is exercisable only to the extent that it is reasonably required for the purpose of discovering evidence in respect of which the power is available by virtue of subsection (4).
(6) A constable may seize and retain anything for which he may search by virtue of subsections (4) and (5).
(7) A constable who has entered premises in exercise of the power conferred by subsection (2) may seize and retain anything which is on the premises if he has reasonable grounds for believing—
(a) that it has been obtained in consequence of the commission of an offence or it is evidence in relation to an offence, and
(b) that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.
(8) An offence includes an offence committed outside the United Kingdom.
(9) The powers conferred by subsections (2) and (6) may be exercised only if a police officer of the rank of inspector or above has given written authorisation for their exercise.
(10) But the power conferred by subsection (2) may be exercised without authorisation under subsection (9) if—
(a) it is exercised before the person arrested is taken to a police station, and
(b) the presence of the person at a place other than a police station is necessary for the effective exercise of the power to search.
(11) Subsections (9) and (10) do not apply to Scotland.
(1) The Criminal Justice and Police Act 2001 (c. 16) is amended as follows.
(2) In Part 1 of Schedule 1 (powers of seizure to which section 50 of that Act applies) at the end add—
Extradition Act 2003 (c. 41)
73D The powers of seizure conferred by sections 156(5), 160(5), 161(4), 162(6) and (7) and 164(6) and (7) of the Extradition Act 2003 (seizure in connection with extradition).
(3) In Part 2 of Schedule 1 (powers of seizure to which section 51 of that Act applies) at the end add—
Extradition Act 2003 (c. 41)
83A The powers of seizure conferred by section 163(6) and (7) of the Extradition Act 2003 (seizure in connection with extradition).
(1) This section applies if a person has been arrested under an extradition arrest power and is detained at a police station.
(2) Fingerprints may be taken from the person only if they are taken by a constable—
(a) with the appropriate consent given in writing, or
(b) without that consent, under subsection (4).
(3) A non-intimate sample may be taken from the person only if it is taken by a constable—
(a) with the appropriate consent given in writing, or
(b) without that consent, under subsection (4).
(4) Fingerprints or a non-intimate sample may be taken from the person without the appropriate consent only if a police officer of at least the rank of inspector authorises the fingerprints or sample to be taken.
(1) This section applies if a person has been arrested under an extradition arrest power and is detained at a police station.
(2) If a police officer of at least the rank of inspector authorises it, the person may be searched or examined, or both, for the purpose of facilitating the ascertainment of his identity.
(3) An identifying mark found on a search or examination under this section may be photographed—
(a) with the appropriate consent, or
(b) without the appropriate consent, if that consent is withheld or it is not practicable to obtain it.
(4) The only persons entitled to carry out a search or examination, or take a photograph, under this section are—
(a) constables;
(b) persons designated for the purposes of this section by the appropriate police officer.
(5) A person may not under this section—
(a) carry out a search or examination of a person of the opposite sex;
(b) take a photograph of any part of the body (other than the face) of a person of the opposite sex.
(6) An intimate search may not be carried out under this section.
(7) Ascertaining a person’s identity includes showing that he is not a particular person.
(8) Taking a photograph includes using a process by means of which a visual image may be produced; and photographing a person must be construed accordingly.
(9) Mark includes features and injuries and a mark is an identifying mark if its existence in a person’s case facilitates the ascertainment of his identity.
(10) The appropriate police officer is—
(a) in England and Wales, the chief officer of police for the police area in which the police station in question is situated;
(b) in Northern Ireland, the Chief Constable of the Police Service of Northern Ireland.
(1) This section applies if a person has been arrested under an extradition arrest power and is detained at a police station.
(2) The person may be photographed—
(a) with the appropriate consent, or
(b) without the appropriate consent, if that consent is withheld or it is not practicable to obtain it.
(3) A person proposing to take a photograph of a person under this section—
(a) may for the purpose of doing so require the removal of any item or substance worn on or over the whole or any part of the head or face of the person to be photographed, and
(b) if the requirement is not complied with may remove the item or substance himself.
(4) The only persons entitled to take a photograph under this section are—
(a) constables;
(b) persons designated for the purposes of this section by the appropriate police officer.
(5) Taking a photograph includes using a process by means of which a visual image may be produced; and photographing a person must be construed accordingly.
(6) The appropriate police officer is—
(a) in England and Wales, the chief officer of police for the police area in which the police station in question is situated;
(b) in Northern Ireland, the Chief Constable of the Police Service of Northern Ireland.
(1) The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.
(2) In section 54A (searches and examination to ascertain identity) at the end insert—
(13) Nothing in this section applies to a person arrested under an extradition arrest power.
(3) In section 61 (fingerprinting) at the end insert—
(10) Nothing in this section applies to a person arrested under an extradition arrest power.
(4) In section 63 (non-intimate samples) at the end insert—
(11) Nothing in this section applies to a person arrested under an extradition arrest power.
(5) In section 64A (photographing of suspects etc.) at the end insert—
(7) Nothing in this section applies to a person arrested under an extradition arrest power.
(6) In section 65 (interpretation of Part 5) after the definition of “appropriate consent ” insert—
“extradition arrest power” means any of the following—
(a) a Part 1 warrant (within the meaning given by the Extradition Act 2003) in respect of which a certificate under section 2 of that Act has been issued;
(b) section 5 of that Act;
(c) a warrant issued under section 71 of that Act;
(d) a provisional warrant (within the meaning given by that Act).
(1) The Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/ 1341 (N.I. 12)) is amended as follows.
(2) In Article 55A (searches and examination to ascertain identity) at the end insert—
(13) Nothing in this Article applies to a person arrested under an extradition arrest power.
(3) In Article 61 (fingerprinting) at the end insert—
(10) Nothing in this Article applies to a person arrested under an extradition arrest power.
(4) In Article 63 (non-intimate samples) at the end insert—
(12) Nothing in this Article applies to a person arrested under an extradition arrest power.
(5) In Article 64A (photographing of suspects etc.) at the end insert—
(7) Nothing in this Article applies to a person arrested under an extradition arrest power.
(6) In Article 53 (interpretation) after the definition of “drug trafficking” and “drug trafficking offence” insert—
“extradition arrest power” means any of the following—
(a) a Part 1 warrant (within the meaning given by the Extradition Act 2003) in respect of which a certificate under section 2 of that Act has been issued;
(b) section 5 of that Act;
(c) a warrant issued under section 71 of that Act;
(d) a provisional warrant (within the meaning given by that Act).
(1) This section applies in relation to cases where a person—
(a) is arrested under an extradition arrest power at a police station;
(b) is taken to a police station after being arrested elsewhere under an extradition arrest power;
(c) is detained at a police station after being arrested under an extradition arrest power.
(2) In relation to those cases the Secretary of State may by order apply the provisions mentioned in subsections (3) and (4) with specified modifications.
(3) The provisions are these provisions of the Police and Criminal Evidence Act 1984 (c. 60)—
(a) section 54 (searches of detained persons);
(b) section 55 (intimate searches);
(c) section 56 (right to have someone informed when arrested);
(d) section 58 (access to legal advice).
(4) The provisions are these provisions of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))—
(a) Article 55 (searches of detained persons);
(b) Article 56 (intimate searches);
(c) Article 57 (right to have someone informed when arrested);
(d) Article 59 (access to legal advice).
(1) This section applies to—
(a) anything which has been seized or produced under this Part, or
(b) anything which has been seized under section 50 or 51 of the Criminal Justice and Police Act 2001 (c. 16) in reliance on a power of seizure conferred by this Part.
(2) A constable may deliver any such thing to a person who is or is acting on behalf of an authority if the constable has reasonable grounds for believing that the authority—
(a) is an authority of the relevant territory, and
(b) has functions such that it is appropriate for the thing to be delivered to it.
(3) If the relevant seizure power was a warrant issued under this Part, or the thing was produced under an order made under this Part, the relevant territory is the category 1 or category 2 territory specified in the application for the warrant or order.
(4) If the relevant seizure power was section 161(4), 162(6) or (7), 163(6) or (7) or 164(6) or (7), the relevant territory is—
(a) the territory in which the Part 1 warrant was issued, in a case where the applicable extradition arrest power is a Part 1 warrant in respect of which a certificate under section 2 has been issued;
(b) the territory in which a constable has reasonable grounds for believing that a Part 1 warrant has been or will be issued, in a case where the applicable extradition arrest power is section 5;
(c) the territory to which a person’s extradition is requested, in a case where the applicable extradition arrest power is a warrant issued under section 71;
(d) the territory in which a person is accused of the commission of an offence or has been convicted of an offence, in a case where the applicable extradition arrest power is a provisional warrant or section 74A.
(5) The applicable extradition arrest power is—
(a) the extradition arrest power under which a constable had a power of arrest, if the relevant seizure power was section 161(4);
(b) the extradition arrest power under which a person was arrested, if the relevant seizure power was section 162(6) or (7), 163(6) or (7) or 164(6) or (7).
(6) The relevant seizure power is—
(a) the power under which the thing was seized, or
(b) the power in reliance on which the thing was seized under section 50 or 51 of the Criminal Justice and Police Act 2001 (c. 16).
(7) Subsection (1)(a) applies to Scotland with the insertion after “Part” of “ (so far as it applies to Scotland) or for the purposes of this Act (as it so applies) by virtue of any enactment or rule of law ”.
(8) Subsection (2) applies to Scotland with the substitution of “ procurator fiscal ” for “constable”.
(9) In subsection (7) “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
(1) The Secretary of State must issue codes of practice in connection with—
(a) the exercise of the powers conferred by this Part;
(b) the retention, use and return of anything seized or produced under this Part;
(c) access to and the taking of photographs and copies of anything so seized or produced;
(d) the retention, use, disclosure and destruction of fingerprints, a sample or a photograph taken under this Part.
(2) If the Secretary of State proposes to issue a code of practice under this section he must—
(a) publish a draft of the code;
(b) consider any representations made to him about the draft;
(c) if he 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) When he has done so he 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 a constable to comply with a provision of a code issued under this section does not of itself make him liable to criminal or civil proceedings.
(7) A code issued under this section is admissible in evidence in proceedings under this Act and must be taken into account by a judge or court in determining any question to which it appears to the judge or 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 representations made to him about it 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 by him on or after that date.
(1) Subsections (2) to (8) apply for the purposes of this Part.
(2) Each of these is an extradition arrest power—
(a) a Part 1 warrant in respect of which a certificate under section 2 has been issued;
(b) section 5;
(c) a warrant issued under section 71;
(d) a provisional warrant;
(e) section 74A.
(3) “Excluded material”—
(a) in England and Wales, has the meaning given by section 11 of the 1984 Act;
(b) in Northern Ireland, has the meaning given by Article 13 of the 1989 Order.
(4) “Items subject to legal privilege”—
(a) in England and Wales, has the meaning given by section 10 of the 1984 Act;
(b) in Scotland, has the meaning given by section 412 of the 2002 Act;
(c) in Northern Ireland, has the meaning given by Article 12 of the 1989 Order.
(5) “Premises”—
(a) in England and Wales, has the meaning given by section 23 of the 1984 Act;
(b) in Scotland, has the meaning given by section 412 of the 2002 Act;
(c) in Northern Ireland, has the meaning given by Article 25 of the 1989 Order.
(6) “Special procedure material”—
(a) in England and Wales, has the meaning given by section 14 of the 1984 Act;
(b) in Northern Ireland, has the meaning given by Article 16 of the 1989 Order.
(7) The expressions in subsection (8) have the meanings given—
(a) in England and Wales, by section 65 of the 1984 Act;
(b) in Northern Ireland, by Article 53 of the 1989 Order.
(8) The expressions are—
(a) appropriate consent;
(b) fingerprints;
(c) intimate search;
(d) non-intimate sample.
(9) The 1984 Act is the Police and Criminal Evidence Act 1984 (c. 60).
(10) The 1989 Order is the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).
(11) The 2002 Act is the Proceeds of Crime Act 2002 (c. 29).
The Treasury may by order provide for any provision of this Part which applies in relation to police officers or persons arrested by police officers to apply with specified modifications in relation to customs officers or persons arrested by customs officers.
The Secretary of State may by order provide for any provision of this Part which applies in relation to police officers or persons arrested by police officers to apply with specified modifications in relation to service policemen or persons arrested by service policemen.
(1) This section applies in relation to extradition—
(a) from a British overseas territory to a category 1 territory;
(b) from a British overseas territory to the United Kingdom;
(c) from a British overseas territory to a category 2 territory;
(d) from a British overseas territory to any of the Channel Islands or the Isle of Man.
(2) An Order in Council may provide for any provision of this Act applicable to extradition from the United Kingdom to apply to extradition in a case falling within subsection (1)(a) or (b).
(3) An Order in Council may provide for any provision of this Act applicable to extradition from the United Kingdom to a category 2 territory to apply to extradition in a case falling within subsection (1)(c) or (d).
(4) An Order in Council under this section may provide that the provision applied has effect with specified modifications.
(1) This section applies in relation to extradition—
(a) to a British overseas territory from a category 1 territory;
(b) to a British overseas territory from the United Kingdom;
(c) to a British overseas territory from a category 2 territory;
(d) to a British overseas territory from any of the Channel Islands or the Isle of Man.
(2) An Order in Council may provide for any provision of this Act applicable to extradition to the United Kingdom to apply to extradition in a case falling within subsection (1)(a) or (b).
(3) An Order in Council may provide for any provision of this Act applicable to extradition to the United Kingdom from a category 2 territory to apply to extradition in a case falling within subsection (1)(c) or (d).
(4) An Order in Council under this section may provide that the provision applied has effect with specified modifications.
(1) This section applies if at the same time—
(a) there is a Part 1 warrant in respect of a person, a certificate has been issued under section 2 in respect of the warrant, and the person has not been extradited in pursuance of the warrant or discharged, and
(b) there is a request for the same person’s extradition, a certificate has been issued under section 70 in respect of the request, and the person has not been extradited in pursuance of the request or discharged.
(2) The Secretary of State may—
(a) order proceedings (or further proceedings) on one of them (the warrant or the request) to be deferred until the other one has been disposed of, if neither the warrant nor the request has been disposed of;
(b) order the person’s extradition in pursuance of the warrant to be deferred until the request has been disposed of, if an order for his extradition in pursuance of the warrant has been made;
(c) order the person’s extradition in pursuance of the request to be deferred until the warrant has been disposed of, if an order for his extradition in pursuance of the request has been made.
(3) In applying subsection (2) the Secretary of State must take account in particular of these matters—
(a) the relative seriousness of the offences concerned;
(b) the place where each offence was committed (or was alleged to have been committed);
(c) the date when the warrant was issued and the date when the request was received;
(d) whether, in the case of each offence, the person is accused of its commission (but not alleged to have been convicted) or is alleged to be unlawfully at large after conviction.
(4) If both the certificates referred to in subsection (1) are issued in Scotland, the preceding provisions of this section apply as if the references to the Secretary of State were to the Scottish Ministers.
(5) For the purposes of this section a person is alleged to be unlawfully at large after conviction of an offence if—
(a) he is alleged to have been convicted of it, and
(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.
(1) This section applies if—
(a) an order is made under this Act deferring proceedings on an extradition claim in respect of a person (the deferred claim) until another extradition claim in respect of the person has been disposed of, and
(b) the other extradition claim is disposed of in the person's favour.
(2) The judge may make an order for proceedings on the deferred claim to be resumed.
(3) No order under subsection (2) may be made after the end of the required period.
(4) If the person applies to the appropriate judge to be discharged, the judge may order his discharge.
(5) If the person applies to the appropriate judge to be discharged, the judge must order his discharge if—
(a) the required period has ended, and
(b) the judge has not made an order under subsection (2) or ordered the person’s discharge.
(6) The required period is 21 days starting with the day on which the other extradition claim is disposed of.
(7) If the proceedings on the deferred claim were under Part 1, section 67 applies for determining the appropriate judge.
(8) If the proceedings on the deferred claim were under Part 2, section 139 applies for determining the appropriate judge.
(9) An extradition claim is made in respect of a person if—
(a) a Part 1 warrant is issued in respect of him;
(b) a request for his extradition is made.
(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.
(1) This section applies if—
(a) an order is made under this Act deferring a person’s extradition in pursuance of an extradition claim (the deferred claim) until another extradition claim in respect of him has been disposed of;
(b) the other extradition claim is disposed of in the person's favour.
(2) The judge may make an order for the person’s extradition in pursuance of the deferred claim to cease to be deferred.
(3) No order under subsection (2) may be made after the end of the required period.
(4) If the person applies to the appropriate judge to be discharged, the judge may order his discharge.
(5) If the person applies to the appropriate judge to be discharged, the judge must order his discharge if—
(a) the required period has ended, and
(b) the judge has not made an order under subsection (2) or ordered the person’s discharge.
(6) The required period is 21 days starting with the day on which the other extradition claim is disposed of.
(7) If the person’s extradition in pursuance of the deferred claim was ordered under Part 1, section 67 applies for determining the appropriate judge.
(8) If the person’s extradition in pursuance of the deferred claim was ordered under Part 2, section 139 applies for determining the appropriate judge.
(9) An extradition claim is made in respect of a person if—
(a) a Part 1 warrant is issued in respect of him;
(b) a request for his extradition is made.
(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.
The provisions of the Legal Aid (Scotland) Act 1986 (c. 47) apply—
(a) in relation to proceedings in Scotland before the appropriate judge under Part 1, 2 or 5 of this Act as those provisions apply in relation to summary proceedings;
(b) in relation to any proceedings on appeal arising out of such proceedings before the appropriate judge as those provisions apply in relation to appeals in summary proceedings.
(1) The appropriate judge may grant free legal aid to a person in connection with proceedings under Part 1 or Part 2 before the judge or the High Court.
(2) A judge of the High Court may grant free legal aid to a person in connection with proceedings under Part 1 or Part 2 before the High Court or the Supreme Court.
(3) If the appropriate judge refuses to grant free legal aid under subsection (1) in connection with proceedings before the High Court the person may appeal to the High Court against the judge’s decision.
(4) A judge of the High Court may grant free legal aid to a person in connection with proceedings on an appeal under subsection (3).
(5) Free legal aid may be granted to a person under subsection (1), (2) or (4) only if it appears to the judge that—
(a) the person’s means are insufficient to enable him to obtain legal aid, and
(b) it is desirable in the interests of justice that the person should be granted free legal aid.
(6) On an appeal under subsection (3) the High Court may—
(a) allow the appeal;
(b) dismiss the appeal.
(7) The High Court may allow an appeal under subsection (3) only if it appears to the High Court that—
(a) the person’s means are insufficient to enable him to obtain legal aid, and
(b) it is desirable in the interests of justice that the person should be granted free legal aid.
(8) If the High Court allows an appeal under subsection (3) it must grant free legal aid to the person in connection with the proceedings under Part 1 or Part 2 before it.
(9) If on a question of granting free legal aid under this section or of allowing an appeal under subsection (3) there is a doubt as to whether—
(a) the person’s means are insufficient to enable him to obtain legal aid, or
(b) it is desirable in the interests of justice that the person should be granted free legal aid,
the doubt must be resolved in favour of granting him free legal aid.
(10) References in this section to granting free legal aid to a person are to assigning to him—
(a) a solicitor and counsel, or
(b) a solicitor only, or
(c) counsel only.
(1) The provisions of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8)) listed in subsection (2) apply in relation to free legal aid under section 184 in connection with proceedings before the appropriate judge or the High Court as they apply in relation to free legal aid under Part III of the Order.
(2) The provisions are—
(a) Article 32 (statements of means);
(b) Article 36(1) (payment of legal aid);
(c) Article 36(3) and (4) (rules);
(d) Article 36A (solicitors excluded from legal aid work);
(e) Article 37 (remuneration of solicitors and counsel);
(f) Article 40 (stamp duty exemption).
(3) As so applied those Articles have effect as if—
(a) a person granted free legal aid under section 184 had been granted a criminal aid certificate under Part III of the Order;
(b) section 184 were contained in Part III of the Order.
(4) The fees of any counsel, and the expenses and fees of any solicitor, assigned to a person under section 184 in connection with proceedings before the Supreme Court must be paid by the Department of Justice in Northern Ireland.
(5) The fees and expenses paid under subsection (4) must not exceed the amount allowed by the Supreme Court or under Supreme Court Rules.
(6) For the purposes of section 184 and this section the appropriate judge is—
(a) such county court judge or resident magistrate as is designated for the purposes of Part 1 under section 67, if the proceedings are under Part 1;
(b) such county court judge or resident magistrate as is designated for the purposes of Part 2 under section 139, if the proceedings are under Part 2.
(1) Section 187 applies in relation to a person if the conditions in subsections (2) to (6) are satisfied.
(2) The first condition is that the person was extradited to a territory in accordance with Part 1 or Part 2.
(3) The second condition is that the person was serving a sentence of imprisonment or another form of detention in the United Kingdom (the UK sentence) before he was extradited.
(4) The third condition is that—
(a) if the person was extradited in accordance with Part 1, the Part 1 warrant in pursuance of which he was extradited contained a statement that it was issued with a view to his extradition for the purpose of being prosecuted for an offence;
(b) if the person was extradited in accordance with Part 2, the request in pursuance of which the person was extradited contained a statement that the person was accused of the commission of an offence.
(5) The fourth condition is that a certificate issued by a judicial authority of the territory shows that—
(a) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment (the overseas sentence) was imposed on the person in the territory;
(b) the overseas sentence was imposed on him in respect of—
(i) the offence specified in the warrant or request, or
(ii) any other offence committed before his extradition in respect of which he was permitted to be dealt with in the territory.
(6) The fifth condition is that before serving the overseas sentence the person was returned to the United Kingdom to serve the remainder of the UK sentence.
(1) If this section applies in relation to a person, as soon as practicable after the relevant time the person must be brought before the appropriate judge for the judge to decide whether the person is to be extradited again to the territory in which the overseas sentence was imposed.
(2) The relevant time is the time at which the person would otherwise be released from detention pursuant to the UK sentence (whether or not on licence).
(3) If subsection (1) is not complied with and the person applies to the judge to be discharged, the judge must order his discharge.
(4) The person must be treated as continuing in legal custody until he is brought before the appropriate judge under subsection (1) or he is discharged under subsection (3).
(5) If the person is brought before the appropriate judge under subsection (1) the judge must decide whether the territory in which the overseas sentence was imposed is—
(a) a category 1 territory;
(b) a category 2 territory;
(c) neither a category 1 territory nor a category 2 territory.
(6) If the judge decides that the territory is a category 1 territory, section 188 applies.
(7) If the judge decides that the territory is a category 2 territory, section 189 applies.
(8) If the judge decides that the territory is neither a category 1 territory nor a category 2 territory, he must order the person’s discharge.
(9) A person’s discharge as a result of this section or section 188 or 189 does not affect any conditions on which he is released from detention pursuant to the UK sentence.
(10) Section 139 applies for the purposes of this section as it applies for the purposes of Part 2.