Extradition Act 1989

[F1 SCHEDULE 1A E+W+S+N.I. THE 1995 CONVENTION AND THE 1996 CONVENTION

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Sch. 1A inserted (the amendment coming into force in accordance with reg. 1(1) of the amending S.I.) by The European Union Extradition Regulations 2002 (S.I. 2002/419), reg. 2, Sch. 9 para. 5

PART 1 E+W+S+N.I. THE 1995 CONVENTION

Application of Act E+W+S+N.I.

1 This Act applies as if the terms of the 1995 Convention were general extradition arrangements made between the United Kingdom and the states other than the Republic of Ireland that are parties to it.

Adaptations of Act E+W+S+N.I.

2 As applied by paragraph 1 above, this Act has effect as between the United Kingdom and the states other than the Republic of Ireland that are parties to the 1995 Convention with the following adaptations.

3 In section 6 after subsection (6) insert— E+W+S+N.I.

“(6A) Subsection (4) above does not apply if the person has consented to his return to the relevant foreign state under section 14A below.”.

4 In section 9 after subsection (3) insert - E+W+S+N.I.

“(3A) The Court of committal shall, as soon as practicable and in any event before committing the person arrested under subsection (8) below—

(a) inform him that he may consent to his return to the foreign state that made the extradition request; and

(b) explain the effect of any such consent and the procedure that will apply if he gives any such consent.

(3B) The court of committal shall also inform the person arrested that—

(a) any such consent is to be given in writing and is irrevocable;

(b) any such consent is to be given to the court, if it is given before an order for committal under subsection (8) below has been made;

(c) any such consent is to be given to the Secretary of State or the Scottish Ministers, if it is given after an order for committal under subsection (8) below has been made.”.

5 After section 14 insert— E+W+S+N.I.

“14A Consent to return

(1) A person arrested in pursuance of a warrant under section 8 above may consent to his return to the foreign state that made the extradition request.

(2) Any consent under this section is irrevocable.

(3) If the person has not been committed under section 9 above, any consent under this section must be given by notice in writing to the court of committal.

(4) In England and Wales, the notice is to be given in the manner prescribed by rules under section 144 of the Magistrates’ Courts Act 1980.

(5) Without prejudice to the generality of section 144(1) of that Act, the power to make rules under that section includes power to make provision for a [F2 Senior District Judge (Chief Magistrate) or another District Judge (Magistrates’ Courts) designated by him for the purposes of this Act] to order the committal for return of a person if he gives consent under this section before he is committed under section 9 above.

(6) In Scotland, the notice is to be given in the manner prescribed by the High Court of Justiciary by Act of Adjournal and the sheriff may order the committal for return of a person if he gives consent under this section before he is committed under section 9 above.

(7) Where an order is made by virtue of subsection (5) or (6) above, this Act shall cease to apply to the person in respect of whom the order is made, subject to subsection (8) below.

(8) If the person is not returned within 20 days after the order is made, the High Court or in Scotland the High Court of Justiciary may, on application by him or on his behalf, order him to be discharged unless reasonable cause is shown for the delay.

(9) If the person has been committed under section 9 above, any consent under this section must be given to the Secretary of State or the Scottish Ministers.

(10) The Secretary of State or the Scottish Ministers may, by warrant, order his return at any time under this section.”.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2 Words in Sch. 1A para. 5 substituted (26.6.2002) by The European Union Extradition (Amendment) Regulations 2002 (S.I. 2002/1662), reg. 2(2)

6 In section 18 after subsection (1) insert— E+W+S+N.I.

“(1A) In a case where the foreign state by which the person is returned has made a declaration under Article 9(a) of the 1995 Convention, subsection (1) above does not apply if—

(a) the person has consented to his return, and

(b) where the state has made a declaration under Article 7(4) of that Convention, he has not revoked his consent.

(1B) In a case where the foreign state by which the person is returned has made a declaration under Article 9(b) of the 1995 Convention, subsection (1) above does not apply if—

(a) the person has consented to his return and has renounced the benefit of subsection (1) above, and

(b) where the state has made a declaration under Article 7(4) of that Convention, he has not revoked his consent or renunciation.”.

PART 2 E+W+S+N.I. THE 1996 CONVENTION

Application of Act E+W+S+N.I.

7 This Act applies as if the terms of the 1996 Convention were general extradition arrangements made between the United Kingdom and the other states other than the Republic of Ireland that are parties to it.

Adaptations of Act E+W+S+N.I.

8 As applied by paragraph 7 above, this Act has effect as between the United Kingdom and the states other than the Republic of Ireland that are parties to the 1996 Convention with the following adaptations.

9 (1) Section 2 is amended as follows. E+W+S+N.I.

(2) In subsection (1)(a)—

(a) for “12 months” substitute “ 6 months”;

(b) for “so punishable under that law” substitute “ punishable under that law with imprisonment, or any form of detention wherever served, for a term of 12 months, or any greater punishment”.

(3) In subsection (1)(b) after “imprisonment” insert “ , or any form of detention wherever served,”.

(4) In subsections (2) and (3) for “12 months” substitute “ 6 months”.

10 (1) Section 6 is amended as follows. E+W+S+N.I.

(2) In subsection (1), omit paragraph (a).

(3) In subsection (4) after paragraph (a) insert—

““(aa) an offence which is not punishable with imprisonment or any other form of detention;

(ab) an offence in respect of which he will not be detained in connection with his trial, sentence or appeal;

(ac) an offence in respect of which an appropriate authority is satisfied that a sentence of imprisonment or any other form of detention will be imposed only if he has specifically waived the right which (but for this paragraph) he would have not to be dealt with for the offence; ”.”

(4) F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) After subsection (6) insert—

“(6A) Subsection (4) above does not apply if

(a) the relevant foreign state has made a declaration under Article 11 of the 1996 Convention, and

(b) no indication has been given by the Secretary of State or the Scottish Ministers that consent should not be deemed to have been given in the person’s case.”.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F3 Sch. 1A para. 10(4) omitted (26.6.2002) by virtue of The European Union Extradition (Amendment) Regulations 2002 (S.I. 2002/1662), reg. 2(3)

11 (1) Section 18 is amended as follows. E+W+S+N.I.

(2) In subsection (1) after paragraph (b) insert—

“(ba) an offence which is not punishable with imprisonment; or

(bb) an offence in respect of which no custodial sentence will be imposed; or

(bc) an offence in connection with which the person returned will not be detained in custody; or

(bd) an offence in respect of which he has notified the court in writing that he waives the right which (but for this paragraph) he would have not to be tried for the offence; or”.

(3) After subsection (1) insert—

“(1A) Subsection (1) above does not apply if—

(a) the foreign state has made a declaration under Article 11 of the 1996 Convention, and

(b) no indication has been given by the foreign state that consent should not be deemed to have been given in the person’s case.

[F4 (1B) Where the foreign state has made a declaration under Article 6(3) of the 1996 Convention, fiscal offences, other than those connected with excise, value added tax or customs, are excluded from paragraph (ba) to (bd) of subsection (1) above.”.]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F4 Words in Sch. 1A para. 11(3) inserted (26.6.2002) by The European Union Extradition (Amendment) Regulations 2002 (S.I. 2002/1662), reg. 2(4)

12 (1) Section 26 is amended as follows. E+W+S+N.I.

(2) For subsection (1) substitute—

“(1) In extradition proceedings in relation to a person whose return has been requested by a foreign state, a copy of an arrest warrant or certificate of conviction issued in the foreign state shall be deemed duly authenticated if it purports to be certified as a true copy of the original by a judicial or other authority of the state.”.

(3) In subsection (2) for “(1)(b)” substitute “ (1)”.]