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Extradition Act 2003

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GeneralE+W+S+N.I.

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Commencement Information

I1Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[F1151ADealing with person for other offencesE+W+S+N.I.
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Amendments (Textual)

(1)This section applies if a person is extradited to the United Kingdom from a territory which is not—

(a)a category 1 territory, or

(b)a territory falling within section 150(1)(b).

(2)The person may be dealt with in the United Kingdom for an offence committed before the person's extradition only if—

(a)the offence is one falling within subsection (3), or

(b)the condition in subsection (4) is satisfied.

(3)The offences are—

(a)the offence in respect of which the person is extradited;

(b)an offence disclosed by the information provided to the territory in respect of that offence;

(c)an offence in respect of which consent to the person being dealt with is given on behalf of the territory.

(4)The condition is that—

(a)the person has returned to the territory from which the person was extradited, or

(b)the person has been given an opportunity to leave the United Kingdom.

(5)A person is dealt with in the United Kingdom for an offence if—

(a)the person is tried there for it;

(b)the person is detained with a view to trial there for it.]

152Remission of punishment for other offencesE+W+S+N.I.
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Commencement Information

I2Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

(1)This section applies if—

(a)a person is extradited to the United Kingdom [F2from a territory;F2]

(b)before his extradition he has been convicted of an offence in the United Kingdom;

(c)he has not been extradited in respect of that offence.

(2)The [F3sentence for the offence must be treated as served]F3 but the person’s conviction for the offence must be treated as a conviction for all other purposes.

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Amendments (Textual)

Commencement Information

I2Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

153Return of person acquitted or not triedE+W+S+N.I.
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Commencement Information

I3Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

(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 [F4from a territory;F4]

(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 12(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6);

(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.

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Amendments (Textual)

Commencement Information

I3Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[F5153AUndertaking in relation to person serving sentenceE+W+S+N.I.
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Amendments (Textual)

(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.

153BReturn of person in pursuance of undertakingE+W+S+N.I.

(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)a duty to release the person under section 33(1), (1A) or (2) of the Criminal Justice Act 1991,

(ii)a duty to release the person under section 244 of the Criminal Justice Act 2003 (other than temporarily on licence pursuant to an intermittent custody order under section 183(1)(b) of the Criminal Justice Act 2003),

(iii)a duty to release the person under section 1, 1AA 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 or 18(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.

153CReturn to extraditing territory to serve sentenceE+W+S+N.I.

(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.

153DSections 153A and 153C etc: supplementaryE+W+S+N.I.

(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)The reference in subsection (1) to the Refugee Convention is to the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol to the Convention.]

154Restriction on bail where undertaking given by Secretary of StateE+W
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Commencement Information

I4Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

(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.

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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.

Commencement Information

I4Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

155Service personnelE+W+S+N.I.
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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.

Commencement Information

I5Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

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 [F6service law.]F6.

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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)

F6Words in s. 155 substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 204; S.I. 2009/812, art. 3 (with transitional provisions (24.4.2009 for certain purposes otherwise 31.10.2009) in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I5Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[F7155ACategory 1 territories not applying framework decision to old casesE+W+S+N.I.
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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)

(1)This section applies to a category 1 territory that deals with European extradition requests otherwise than in accordance with the system provided for in the European framework decision 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—

  • European extradition request” means a request for extradition made by the United Kingdom or a category 1 territory;

  • European framework decision” means the framework decision of the Council of the European Union made on 13 June 2002 on the European arrest warrant and the surrender procedures between member states (2002/584/JHA);

  • specified”, in relation to an order under this section, means specified in the order.]

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