Made | 4th December 2003 | ||
Laid before Parliament | 11th December 2003 | ||
Coming into force | 1st January 2004 |
Caroline Flint
Parliamentary Under-Secretary of State
Home Office
4th December 2003
Initial stage of extradition hearing
2.
- (1) Section 10 is modified as follows.
(2) In subsection (2) for "the offence" substitute "any of the offences".
(3) For subsection (3) substitute -
(4) For subsection (4) substitute -
Bars to extradition
3.
- (1) Section 11 is modified as follows.
(2) For subsection (3) substitute -
(3) For subsection (4) substitute -
(4) For subsection (5) substitute -
Case where person has been convicted
4.
- (1) Section 20 is modified as follows.
(2) In subsection (1) after "decide" insert "in relation to each offence".
(3) In subsection (2) after "section 21" insert "in relation to the offence in question".
(4) In subsection (3) after "decide" insert "in relation to each offence".
(5) In subsection (4) after "section 21" insert "in relation to the offence in question".
Human rights
5.
- (1) Section 21 is modified as follows.
(2) In subsection (1) after "decide" insert "in relation to each offence".
(3) In subsection (2) after "discharge" insert "in relation to the offence in question".
(4) In subsection (3) after "extradited" insert "for the offence in question".
Appeal against extradition order
6.
- (1) Section 26 is modified as follows.
(2) In subsection (1) after "extradition" insert "in relation to an offence".
Court's powers on appeal under section 26
7.
- (1) Section 27 is modified as follows.
(2) In subsection (5) after "it must" insert "in relation to the relevant offence only".
Appeal against discharge at extradition hearing
8.
- (1) Section 28 is modified as follows.
(2) In subsection (1) after "discharge" insert "in relation to an offence".
Court's powers on appeal under section 28
9.
- (1) Section 29 is modified as follows.
(2) In subsection (5) after "it must" insert "in relation to the relevant offence only".
Detention pending conclusion of appeal under section 28
10.
- (1) Section 30 is modified as follows.
(2) In subsection (1) after "discharge" insert "in relation to an offence".
Appeal to House of Lords
11.
- (1) Section 32 is modified as follows.
(2) In subsection (1) after "appeal" insert "in relation to each offence".
Powers of House of Lords on appeal under section 32
12.
- (1) Section 33 is modified as follows.
(2) In subsection (3) after "must" insert "in relation to the relevant offence only".
(3) In subsection (5) after "must" insert "in relation to the relevant offence only".
(4) In subsection (7) after "must" insert "in relation to the relevant offence only".
(5) In subsection (8) after "must" insert "in relation to the relevant offence only".
Extradition where no appeal
13.
- (1) Section 35 is modified as follows.
(2) In subsection (1)(a) after "extradition" insert "in relation to an offence".
(3) In subsection (4)(b) after the second "date" insert
Extradition following an appeal
14.
- (1) Section 36 is modified as follows.
(2) In subsection (1)(a) after "territory" insert "in relation to an offence".
(3) In subsection (1)(b) after "there" insert "in relation to that offence".
(4) In subsection (3)(a) -
Withdrawal of warrant before extradition
15.
- (1) Section 41 is modified as follows.
(2) In subsection (1) for the words from "a Part 1 warrant" to the end substitute "they do not wish to proceed with their request for extradition in relation to an offence in respect of which the Part 1 warrant was issued".
(3) In subsection (3) after "discharge" insert "in relation to that offence".
Withdrawal of warrant while appeal to High Court pending
16.
- (1) Section 42 is modified as follows.
(2) In subsection (1) for the words from "a Part 1 warrant" to the end substitute "they do not wish to proceed with their request for extradition in relation to an offence in respect of which the Part 1 warrant was issued".
(3) In subsection (3)(a) after "extradition" insert "in relation to that offence".
(4) In subsection (3)(b) after "appeal" insert "in relation to that offence".
Withdrawal of warrant while appeal to House of Lords pending
17.
- (1) Section 43 is modified as follows.
(2) In subsection (1) for the words from "a Part 1 warrant" to the end substitute "they do not wish to proceed with their request for extradition in relation to an offence in respect of which the Part 1 warrant was issued".
(3) In subsection (3)(a) after "discharge" insert "in relation to that offence".
(4) In subsection (3)(b) after "extradition" insert "in relation to that offence".
(5) In subsection (4) after "appeal" insert "in relation to that offence".
Consent to extradition
18.
- (1) Section 45 is modified as follows.
(2) In subsection (1) after "issued" insert "in relation to any offence contained in the Part 1 warrant".
(3) In subsection (2) after the second "section" insert "in relation to any offence contained in the Part 1 warrant".
(4) In subsection (3) after "section" insert "to every offence contained in the Part 1 warrant".
Extradition to category 1 territory following consent
19.
- (1) Section 47 is modified as follows.
(2) In subsection (3)(b) after the second "date" insert
(3) In subsection (5) for the words from "the Part 1 warrant" to the end substitute "they do not wish to proceed with their request for extradition in relation to an offence in respect of which the Part 1 warrant was issued".
(4) In subsection (5)(b) after "discharge" insert "in relation to that offence".
Other warrant issued: extradition to category 1 territory
20.
- (1) Section 49 is modified as follows.
(2) In subsection (3)(b) after "date" insert
(3) In subsection (5) for the words from "the Part 1 warrant" to the end substitute "they do not wish to proceed with their request for extradition in relation to an offence in respect of which the Part 1 warrant was issued".
(4) In subsection (5)(b) after "discharge" insert "in relation to that offence".
Arrest warrant following extradition request
21.
- (1) Section 71 is modified as follows.
(2) For subsection (2)(a) substitute "any of the offences in respect of which extradition is requested are extradition offences".
(3) In subsection (2)(b) after "evidence" insert "in relation to that offence".
Provisional warrant
22.
- (1) Section 73 is modified as follows.
(2) For subsection (3)(a) substitute -
(3) In subsection (3)(b) after "evidence" insert "in relation to that offence".
Initial stages of extradition hearing
23.
- (1) Section 78 is modified as follows.
(2) In subsection (2) after "(or include)" insert "in relation to each offence".
(3) In subsection (3) after "discharge" insert "in relation to the relevant offence only".
(4) In subsection (4)(b) for "the offence" substitute "each offence".
(5) In subsection (6) after "discharge" insert "in relation to that offence".
(6) For subsection (7) substitute -
Bars to extradition
24.
- (1) Section 79 is modified as follows.
(2) For subsection (3) substitute -
(3) For subsection (4) substitute -
(4) For subsection (5) substitute -
Case where person has not been convicted
25.
- (1) Section 84 is modified as follows.
(2) In subsection (1) after "evidence" insert "in relation to each offence".
(3) In subsection (5) after "discharge" insert "in relation to that offence".
(4) In subsections (6) and (7) after "section 87" insert "in relation to that offence".
Case where person has been convicted
26.
- (1) Section 85 is modified as follows.
(2) In subsection (1) after "decide" insert "in relation to each offence".
(3) In subsection (2) after "section 87" insert "in relation to the offence".
(4) In subsection (4) after "section 87" insert "in relation to the offence".
(5) In subsection (6) after "section 86" insert "in relation to the offence".
(6) In subsection (7) after "discharge" insert "in relation to the offence".
Conviction in person's absence
27.
- (1) Section 86 is modified as follows.
(2) In subsection (1) after "decide" insert "in relation to each offence".
(3) In subsection (5) after "discharge" insert "in relation to the offence".
(4) In subsection (6) after "section 87" insert "in relation to the offence".
(5) In subsection (7)(b) after "section 87" insert "in relation to the offence".
Human rights
28.
- (1) Section 87 is modified as follows.
(2) In subsection (1) after "decide" insert "in relation to each offence".
(3) In subsection (2) after "discharge" insert "in relation to the offence".
(4) In subsection (3) after "extradited" insert "for the offence in question".
Case sent to the Secretary of State
29.
- (1) Section 92 is modified as follows.
(2) In subsection (2)(a) after "High Court" insert "in relation to each relevant offence".
Secretary of State's consideration of case
30.
- (1) Section 93 is modified as follows.
(2) In subsection (2) after "decide" insert "in relation to each offence".
(3) In subsection (3) after "discharge" insert "in relation to the offence".
(4) In subsection (4) -
Death penalty
31.
- (1) Section 94 is modified as follows.
(2) In subsection (1) after the first "territory" insert "in relation to an offence".
(3) In subsection (2) after "assurance" insert "in relation to the relevant offence".
Speciality
32.
- (1) Section 95 is modified as follows.
(2) In subsection (2) after "section 127" insert "in relation to all offences contained in the extradition request".
Information
33.
- (1) Section 100 is modified as follows.
(2) In subsection (1)(b) after "High Court" insert "in relation to each relevant offence".
(3) In subsection (2) after "extradition" insert "in relation to the offence".
(4) In subsection (4) after "discharge" insert "in relation to an offence".
Appeal where case sent to Secretary of State
34.
- (1) Section 103 is modified as follows.
(2) In subsection (1) after "relevant decision" insert "in relation to each offence.
(3) In subsection (2) after "section 127" insert "in relation to the offence".
(4) In subsection (6) after "discharge" insert "in relation to the offence".
(5) In subsection (7) after "discharge" insert "in relation to the offence".
Court's powers on appeal under section 103
35.
- (1) Section 104 is modified as follows.
(2) In subsection (5) after "it must" insert "in relation to the relevant offence only".
Appeal against discharge at extradition hearing
36.
- (1) Section 105 is modified as follows.
(2) In subsection (1) after "discharge" insert "in relation to an offence".
Court's powers on appeal under section 105
37.
- (1) Section 106 is modified as follows.
(2) In subsection (6) after "it must" insert "in relation to the relevant offence only".
Detention pending conclusion of appeal under section 105
38.
- (1) Section 107 is modified as follows.
(2) In subsection (1) after "section 105" insert "in relation to at least one offence".
(3) In subsection (4) after "times" insert "taking all offences contained in the extradition request together".
Appeal against extradition order
39.
- (1) Section 108 is modified as follows.
(2) In subsection (1) after "extradition" insert "in relation to an offence".
(3) In subsection (2) after "extradition" insert "in relation to the offence".
Court's powers on appeal under section 108
40.
- (1) Section 109 is modified as follows.
(2) In subsection (5) after "it must" insert "in relation to the relevant offence only".
Appeal against discharge by Secretary of State
41.
- (1) Section 110 is modified as follows.
(2) In subsection (1) after "discharge" insert "in relation to an offence".
Court's powers on appeal under section 110
42.
- (1) Section 111 is modified as follows.
(2) In subsection (5) after "it must" insert "in relation to the relevant offence only".
Detention pending conclusion of appeal under section 110
43.
- (1) Section 112 is modified as follows.
(2) In subsection (2) for "the appeal" substitute "any appeal".
Appeal to House of Lords
44.
- (1) Section 114 is modified as follows.
(2) In subsection (1) after "High Court" insert "in relation to each offence".
Powers of House of Lords on appeal under section 114
45.
- (1) Section 115 is modified as follows.
(2) In subsection (3) after "must" insert "in relation to the relevant offence only".
(3) In subsection (5) after "must" insert "in relation to the relevant offence only".
(4) In subsection (7) after "must" insert "in relation to the relevant offence only".
Extradition where no appeal
46.
- (1) Section 117 is modified as follows.
(2) In subsection (1)(a) after "extradition" insert "in relation to an offence".
(3) In subsection (2) after "order" insert "or if proceedings are continuing in relation to other offences contained in the extradition request, 10 days starting with the day on which the Secretary of State makes the final order in relation to the last of the offences in respect of which the same extradition request was made".
Extradition following appeal
47.
- (1) Section 118 is modified as follows.
(2) In subsection (2)(b) after "discontinued" insert
Withdrawal of request before end of extradition hearing
48.
- (1) Section 122 is modified as follows.
(2) In subsection (1) after "extradition" insert "in relation to an offence".
(3) In subsection (3) after "discharge" insert "in relation to the offence".
Withdrawal of request after case sent to Secretary of State
49.
- (1) Section 123 is modified as follows.
(2) In subsection (1) after "extradition" insert "in relation to an offence".
(3) In subsection (3) after "discharge" insert "in relation to the offence".
Withdrawal of request while appeal to High Court pending
50.
- (1) Section 124 is modified as follows.
(2) In subsection (1) after "extradition" insert "in relation to an offence".
(3) In subsection (3) after "must" insert "in relation to the offence".
(4) In subsection (4) after "appeal" insert "in relation to the offence".
Withdrawal of request while appeal to House of Lords pending
51.
- (1) Section 125 is modified as follows.
(2) In subsection (1) after "extradition" insert "in relation to an offence".
(3) In subsection (3) after "must" insert "in relation to the offence".
(4) In subsection (4) after "appeal" insert "in relation to the offence".
Consent to extradition: general
52.
- (1) Section 127 is modified as follows.
(2) In subsection (1) after "requested" insert "in relation to one or more offences contained within the extradition request".
(3) In subsection (2) after "extradition" insert "in relation to one or more offences contained within the extradition request".
Consent to extradition before case sent to Secretary of State
53.
- (1) Section 128 is modified as follows.
(2) In subsection (2) after "so" insert "unless there are other offences contained within the extradition request in relation to which the person has not consented to his extradition".
(3) In subsection (3) after "91" insert "unless there are other offences contained within the extradition request in relation to which the person has not consented to his extradition".
(4) In subsection (5) after "extradition" insert "if he has consented to his extradition in relation to every offence contained within the extradition request".
National security
54.
- (1) Section 208 is modified as follows.
(2) In subsection (2) for "an offence" substitute "more than one offence".
(3) In subsection (3)(a) for "the offence" substitute "any of the offences".
(4) In subsection (3)(b) for "the offence" substitute "the offence in question".
(5) In subsection (4) after "the offence" insert "in question".
(6) For subsection (6)(a) substitute -
(7) In subsection (6)(b) after "the offence" insert "in question only".
(8) In subsection (7) after "discharge" insert "in relation to the offence".