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2003 No. 3150

EXTRADITION

The Extradition Act 2003 (Multiple Offences) Order 2003

  Made 4th December 2003 
  Laid before Parliament 11th December 2003 
  Coming into force 1st January 2004 

The Secretary of State, in exercise of the powers conferred on him by sections 207 and 223(3) of the Extradition Act 2003[1], hereby makes the following Order:

     1. This Order may be cited as the Extradition Act 2003 (Multiple Offences) Order 2003 and shall come into force on 1st January 2004.

     2.  - (1) In this Order "the Act" means the Extradition Act 2003.

    (2) The Act is to have effect with the modifications specified in the Schedule to this Order in relation to a case where - 

    (a) a Part 1 warrant is issued for more than one offence;

    (b) a request for extradition is made in respect of more than one offence.


Caroline Flint
Parliamentary Under-Secretary of State

Home Office
4th December 2003



SCHEDULE
Article 2(2)


MODIFICATIONS TO THE ACT


General modification
     1.  - (1) Unless the context otherwise requires, any reference in the Act to an offence (including a reference to an extradition offence) is to be construed as a reference to offences (or extradition offences).

    (2) Sub-paragraph (1) does not apply to any reference to an offence - 

    (a) in a modification made by this Schedule; or

    (b) in a provision of the Act which is relevant to such a modification.

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 - 

        " (3) If the judge decides the question in subsection (2) in the negative in relation to an offence, he must order the person's discharge in relation to that offence only.".

    (4) For subsection (4) substitute - 

        " (4) If the judge decides that question in the affirmative in relation to one or more offences he must proceed under section 11.".

Bars to extradition
     3.  - (1) Section 11 is modified as follows.

    (2) For subsection (3) substitute - 

        " (3) If the judge decides any of the questions in subsection (1) in the affirmative in relation to an offence, he must order the person's discharge in relation to that offence only.".

    (3) For subsection (4) substitute - 

        " (4) If the judge decides those questions in the negative in relation to an offence and the person is alleged to be unlawfully at large after conviction of the extradition offence, the judge must proceed under section 20."

    (4) For subsection (5) substitute - 

        " (5) If the judge decides those questions in the negative in relation to an offence 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.".

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

      " , or

      (c) if proceedings are continuing in relation to other offences contained in the same Part 1 warrant, 10 days starting with the day on which the judge, the High Court or the House of Lords make the final order in relation to the last of the offences in respect of which the same Part 1 warrant was issued.".

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) - 

    (a) for "the decision of the relevant court on the appeal becomes" substitute "all decisions of the relevant court on any appeal in relation to any offence in respect of which the same Part 1 warrant was issued become";

    (b) for "the appeal are discontinued" insert "any appeal in relation to any offence in respect of which the same Part 1 warrant was issued are discontinued".

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

      " , or

      (c) if proceedings are continuing in relation to other offences contained in the same Part 1 warrant, 10 days starting with the day on which the judge, the High Court or the House of Lords make the final order in relation to the last of the offences in respect of which the same Part 1 warrant was issued.".

    (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

      " , or

      (c) if proceedings are continuing in relation to other offences contained in the same Part 1 warrant, 10 days starting with the day on which the judge, the High Court or the House of Lords make the final order in relation to the last of the offences in respect of which the same Part 1 warrant was issued.".

    (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 - 

      " (a) any of the offences in respect of which extradition is requested are extradition offences.".

    (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 - 

        " (7) If the judge decides those questions in the affirmative in relation to one or more offences he must proceed under section 79.".

Bars to extradition
     24.  - (1) Section 79 is modified as follows.

    (2) For subsection (3) substitute - 

        " (3) If the judge decides any of the questions in subsection (1) in the affirmative in relation to any offence, he must order the person's discharge in relation to that offence only.".

    (3) For subsection (4) substitute - 

        " (4) If the judge decides those questions in the negative in relation to any offence and the person is accused of the commission of the extradition offences but is not alleged to be unlawfully at large after conviction of it, the judge must proceed under section 84 in relation to that offence.".

    (4) For subsection (5) substitute - 

        " (5) If the judge decides any of those questions in the negative in relation to any offence and the person is alleged to be unlawfully at large after conviction of it, the judge must proceed under section 85 in relation to that offence.".

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) - 

    (a) after "negative" insert "in relation to the offence in question" and

    (b) after "requested" insert "for that offence".

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

      " ,or

      (c) if there is more than one appeal outstanding in relation to offences contained in the same extradition request, the day on which the last decision of the relevant court becomes final or on which the last proceedings on the appeal are discontinued.".

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 - 

      " (a) direct that proceedings in relation to an offence contained in the Part 1 warrant are not to be proceeded with".

    (7) In subsection (6)(b) after "the offence" insert "in question only".

    (8) In subsection (7) after "discharge" insert "in relation to the offence".


EXPLANATORY NOTE

(This note is not part of the Order)


This Order provides for the Extradition Act 2003 to have effect with the modifications specified in the Schedule to the Order in relation to the following cases. Those cases are where a Part 1 warrant is issued in respect of more than one offence or where a request for extradition is made in respect of more than one offence.

In particular, the modifications are such as to allow for the partial execution of the Part 1 warrant or the request for extradition in cases where the judge and or the Secretary of State must consider more than one offence for which extradition is sought. It is possible that extradition will be refused in relation to some offences but not all, allowing for extradition to take place in relation to some offences only.

Notes:

 [1] 2003 c. 41.back


ISBN 0 11 048348 0


  Prepared 19 December 2003

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