The Extradition Act 2003 (Police Powers: Codes of Practice) Order 2003

Statutory Instruments

2003 No. 3336

EXTRADITION

The Extradition Act 2003 (Police Powers: Codes of Practice) Order 2003

Made

18th December 2003

Coming into force

1st January 2004

Whereas—

(1)

in pursuance of section 173(1) of the Extradition Act 2003(1) (“the Act”), the Secretary of State is required to issue codes of practice in connection with—

(a)

the exercise of the powers conferred by Part 4 of the Act;

(b)

the retention, use and return of anything seized or produced under Part 4 of the Act;

(c)

access to and the taking of photographs and copies of anything so seized or produced;

(d)

the retention, use, disclosure and destruction of fingerprints, a sample or photograph taken under Part 4;

(2)

in pursuance of section 173(2) and (8) of the Act, the Secretary of State has published a draft of the codes of practice, has considered representations made to him about the draft and modified the draft of the codes in the light of the representations;

(3)

in pursuance of section 173(3) of the Act the Secretary of State has laid the codes of practice before Parliament;

(4)

a draft of this Order has been laid before Parliament and approved by a resolution of each House, in accordance with section 223(5) of the Act;

1.  This Order may be cited as the Extradition Act 2003 (Police Powers: Codes of Practice) Order 2003 and shall come into force on 1st January 2004.

2.  The codes of practice entitled “Extradition Act 2003: Codes of Practice” laid before Parliament on 2nd December 2003 shall come into operation on 1st January 2004.

Caroline Flint

Parliamentary Under-Secretary of State

Home Office

18th December 2003

Explanatory Note

(This note is not part of the Order)

This Order brings into operation, on 1st January 2004, the codes of practice made pursuant to section 173 of the Extradition Act 2003 (“the Act”) in connection with the exercise by police officers and customs officers of the powers conferred by Part 4 of the Act.

Part 4 of the Act sets out powers of search and seizure of premises and persons, application for warrants and production orders, entry to premises and the treatment of detained persons after arrest in extradition cases.

(1)

2003 c. 41.