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Police and Justice Act 2006

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  • specified provision(s) amendment to earlier commencing SI 2006/3364 art. 3 by S.I. 2008/617 art. 2

Commencement Orders yet to be applied to the Police and Justice Act 2006

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Restriction on extradition in cases where trial in United Kingdom more appropriateE+W

Prospective

4(1)In section 11 (bars to extradition)—E+W

(a)at the end of subsection (1) there is inserted—

(j)forum.;

(b)in subsection (2), for the words from “12” to “apply” there is substituted “ 12 to 19B apply ”.

(2)After section 19A (inserted by paragraph 3 above) there is inserted—

19BForum

(1)A person's extradition to a category 1 territory (“the requesting territory”) is barred by reason of forum if (and only if) it appears that—

(a)a significant part of the conduct alleged to constitute the extradition offence is conduct in the United Kingdom, and

(b)in view of that and all the other circumstances, it would not be in the interests of justice for the person to be tried for the offence in the requesting territory.

(2)For the purposes of subsection (1)(b) the judge must take into account whether the relevant prosecution authorities in the United Kingdom have decided not to take proceedings against the person in respect of the conduct in question.

(3)This section does not apply if the person is alleged to be unlawfully at large after conviction of the extradition offence.

Prospective

5(1)In section 79 (bars to extradition)—E+W

(a)at the end of subsection (1) there is inserted—

(e)forum.;

(b)in subsection (2), for “Sections 80 to 83” there is substituted “ Sections 80 to 83A ”.

(2)After section 83 there is inserted—

83AForum

(1)A person's extradition to a category 2 territory (“the requesting territory”) is barred by reason of forum if (and only if) it appears that—

(a)a significant part of the conduct alleged to constitute the extradition offence is conduct in the United Kingdom, and

(b)in view of that and all the other circumstances, it would not be in the interests of justice for the person to be tried for the offence in the requesting territory.

(2)For the purposes of subsection (1)(b) the judge must take into account whether the relevant prosecution authorities in the United Kingdom have decided not to take proceedings against the person in respect of the conduct in question.

(3)This section does not apply if the person is alleged to be unlawfully at large after conviction of the extradition offence.

6(1)An order bringing paragraph 4 or 5 into force is not to be made within the period of 12 months beginning with the day on which this Act is passed.E+W

(2)If after the end of that period a resolution is made by each House of Parliament that paragraphs 4 and 5 (or either of them) should come into force, the Secretary of State shall make an order under section 53 bringing the paragraphs (or paragraph) into force.

(3)An order made by virtue of sub-paragraph (2) must bring the provisions in question into force no later than one month after the day on which the resolutions referred to in that sub-paragraph are made or, if they are made on different days, the day on which the later resolution is made.

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