Statutory Instruments
Extradition
Police
Made
18th July 2014
The Secretary of State, in exercise of the powers conferred by section 185(1) and (7) of the Anti-social Behaviour, Crime and Policing Act 2014(1), makes the following Order:
1.—(1) This Order may be cited as the Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No. 4 and Transitional Provisions) Order 2014.
(2) In this Order—
“the Act” means the Anti-social Behaviour, Crime and Policing Act 2014; and
“the 2003 Act” means the Extradition Act 2003(2).
2. The following provisions of the Act come into force on 21st July 2014—
(a)section 140 (appointment of chief officers of police);
(b)section 155 (date of extradition hearing);
(c)section 156 (extradition barred if no prosecution decision in requesting territory);
(d)section 157 (proportionality);
(e)section 158 (hostage-taking considerations);
(f)section 159 (request for temporary transfer etc);
(g)section 161 (judge informed after extradition hearing or order that person is charged with offence or serving sentence in United Kingdom);
(h)section 162 (asylum etc);
(i)section 163 (consent to extradition not to be taken as waiver of speciality rights);
(j)section 164 (definition of “extradition offence”);
(k)section 165 (extradition to the United Kingdom to be sentenced or to serve a sentence);
(l)section 166 (detention of extradited person for trial in England and Wales for other offences);
(m)section 167 (proceedings on deferred warrant or request etc);
(n)section 169 (extradition to a territory that is party to an international Convention);
(o)section 170 (electronic transmission of European arrest warrant etc);
(p)section 171 (discount on sentence for time spent in custody awaiting extradition: England and Wales);
(q)section 172 (discount on sentence for time spent in custody awaiting extradition: Scotland);
(r)section 173 (discount on sentence for time spent in custody awaiting extradition: Northern Ireland);
(s)section 181(1) (amendments), insofar as it relates to the provisions of Schedule 11 specified in sub-paragraph (t); and
(t)in Schedule 11 (minor and consequential amendments), paragraphs 103 to 105, 108 to 110, 115 to 121 and 123 and 124.
3. The following provisions of the Act come into force on 31st July 2014—
(a)section 148 (port and border controls), insofar as it relates to the provisions of Schedule 9 (port and border controls) specified in sub-paragraph (b); and
(b)in Schedule 9, paragraph 1 (to the extent it is not already in force) and paragraphs 2 to 6.
4. Section 148 of, and Schedule 9 to, the Act come into force on 1st April 2015 to the extent that they are not already in force.
5. In relation to a case where the person consented to extradition under section 45 or 127 of the 2003 Act(3) before 21st July 2014, the coming into force of section 163 of the Act does not apply.
6. In relation to a case where a certificate was issued under section 2(4) or section 70(5) of the 2003 Act, or a warrant was issued under section 73 of that Act(6), before 21st July 2014, the coming into force of section 164 of the Act does not apply.
James Brokenshire
Minister of State
Home Office
18th July 2014
(This note is not part of the Order)
This Order brings into force various provisions of the Anti-social Behaviour, Crime and Policing Act 2014 (“the Act”).
Article 2 brings into force on 21st July 2014 section 140 of the Act, which relates to the appointment of chief police officers. It also brings into force on that date various provisions in Part 12 and Part 4 of Schedule 11 to the Act, which relate to extradition. These include provisions introducing bars to extradition under Part 1 of the Extradition Act 2003 (“the 2003 Act”) (which deals with European Arrest Warrant cases) where the issuing State is not ready to charge and try the person (section 156) and where extradition would be disproportionate (section 157). Also included are provisions ensuring that persons who consent to extradition do not thereby lose the right not be proceeded against for offences other than those listed in the extradition request (speciality protection) (section 163), amending the definitions of “extradition offence” in Parts 1 and 2 of the 2003 Act (section 164) and dealing with the crediting of time spent in custody awaiting extradition to the United Kingdom (sections 171, 172 and 173).
Articles 3 and 4 bring into force on 31st July 2014 and 1st April 2015 respectively various provisions in Schedule 9 to the Act. These relate to Schedule 7 (port and border controls) and Schedule 8 (detention) to the Terrorism Act 2000. The provisions commenced by Article 3 (i) reduce the maximum period of examination under Schedule 7 to the Terrorism Act 2000 from nine to six hours, (ii) extend to individuals detained at a port the statutory rights to have a person informed of their detention and to consult a solicitor privately, (iii) clarify that the right to consult a solicitor includes consultation in person, (iv) ensure access to legal advice for all individuals examined under Schedule 7 for more than one hour, (v) establish a statutory basis for undertaking strip searches of persons detained under Schedule 7 powers, which requires reasonable grounds to suspect that the person is concealing something which may be evidence that the person is involved in terrorism and requires a supervising officer’s authority, (vi) repeal the power to seek intimate samples during the course of a Schedule 7 examination, and (vii) provide that an examining officer may make and retain a copy of information obtained or found in the course of an examination. The provisions commenced by Article 4 introduce a requirement to keep under periodic review the need for continued detention of a person who is being detained under Schedule 7 powers, and make provision concerning the rights of those detained under such powers.
Article 5 contains transitional provision in relation to the commencement of section 163 of the Act. Its effect is that in a case where a person consented to his or her extradition before the coming into force of section 163, that section does not apply, and the person is to be taken to have waived any speciality protection which he or she would otherwise have enjoyed.
Article 6 contains transitional provision in relation to the commencement of section 164 of the Act. Its effect is that the modified definitions of “extradition offence” do not apply in cases where the certificate (under either section 2 or section 70 of the 2003 Act) or the provisional arrest warrant was issued before the commencement of section 164.
(This note is not part of the Order)
The following provisions of the Act have been brought into force to their fullest extent (unless indicated otherwise) by commencement order made before the date of this Order:
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
(*) Certain paragraphs of Schedule 11, and section 181(1) insofar as it relates to those paragraphs, were brought into force by S.I.2014/949on 13th May 2014 for England only. Other paragraphs of Schedule 11, and section 181(1) insofar as it relates to those paragraphs, were brought into force by S.I. 2014/949 on 13th May 2014 for the whole of the United Kingdom. | ||
| Section 98 (England only) | 13th May 2014 | 2014/949 |
Section 98 (Wales only) Section 99 Section 100(1) (England only) Section 100(1) (Wales only) Section 101 Section 104 (partially) Section 105 Section 106 Section 107 Section 108 Section 109 Section 110 Section 111 Section 112 Section 119 Section 120 Section 121 Section 123 to 130 Section 141 Section 142 Section 143 Section 144 to 146 Section 147 Section 148 (partially) Section 149 Section 152 Section 153 Section 176 Section 178 Section 179 Section 181(1) (partially) Section 181(1) (partially)(*) Section 181(1) (partially) (Wales only) Schedule 4 (partially) Schedule 8 Schedule 9 (partially) Schedule 10 Schedule 11 (partially) Schedule 11 (partially)(*) Schedule 11 (partially) (Wales only) | 13th May 2014 13th May 2014 13th May 2014 13th May 2014 13th May 2014 13th May 2014 13th May 2014 13th May 2014 13th May 2014 14th July 2014 14th July 2014 14th July 2014 14th July 2014 13th May 2014 13th May 2014 16th June 2014 16th June 2014 13th May 2014 13th May 2014 13th May 2014 20th March 2014 13th May 2014 14th March 2014 13th May 2014 2nd June 2014 13th May 2014 13th May 2014 13th May 2014 13th May 2014 1st June 2014 20th March 2014 13th May 2014 13th May 2014 13th May 2014 14th March 2014 13th May 2014 13th May 2014 20th March 2014 13th May 2014 13th May 2014 | |
There are amendments to sections 45 and 127 which are not relevant to this Order.
Section 2 was amended by the Police and Justice Act 2006 (c. 48), Schedule 13, paragraph 1(1).
Section 70 was amended by the Police and Justice Act 2006, Schedule 13, paragraphs 1(2) and 17. There are other amendments to section 70 which are not relevant to this Order.
There are amendments to section 73 which are not relevant to this Order.