SCHEDULES
SCHEDULE 13Extradition
Part 1Amendments to the Extradition Act 2003
Restriction on extradition following transfer from International Criminal Court
I13
1
In section 11 (bars to extradition)—
a
after paragraph (h) of subsection (1) there is inserted—
i
the person's earlier transfer to the United Kingdom by the International Criminal Court.
b
in subsection (2), for “Sections 12 to 19” there is substituted “
Sections 12 to 19A
”
.
2
After section 19 there is inserted—
19AEarlier transfer to United Kingdom by International Criminal Court
1
A person's extradition to a category 1 territory is barred by reason of his earlier transfer by the International Criminal Court if (and only if)—
a
the person was transferred to the United Kingdom to serve a sentence imposed by the Court;
b
under arrangements between the United Kingdom and the Court, the consent of the Presidency of the Court is required to the person's extradition from the United Kingdom to the category 1 territory in respect of the extradition offence under consideration;
c
that consent has not been given.
2
Subsection (1) does not apply if the person has served the sentence imposed by the Court and has subsequently—
a
remained voluntarily in the United Kingdom for more than 30 days, or
b
left the United Kingdom and returned to it.
3
In section 93 (Secretary of State's consideration of case), after paragraph (c) of subsection (2) there is inserted—
d
section 96A (earlier transfer to United Kingdom by International Criminal Court).
4
After section 96 there is inserted—
96AEarlier transfer to United Kingdom by International Criminal Court
1
The Secretary of State must not order a person's extradition to a category 2 territory if—
a
the person was transferred to the United Kingdom to serve a sentence imposed by the International Criminal Court;
b
under arrangements between the United Kingdom and the Court, the consent of the Presidency of the Court is required to the person's extradition from the United Kingdom to the category 2 territory in respect of the extradition offence under consideration;
c
that consent has not been given.
2
Subsection (1) does not apply if the person has served the sentence imposed by the Court and has subsequently—
a
remained voluntarily in the United Kingdom for more than 30 days, or
b
left the United Kingdom and returned to it.