Extradition Act 2003

Part 1Extradition to category 1 territories

1Extradition to category 1 territories

2Part 1 warrant and certificate

3Arrest under certified Part 1 warrant

4Person arrested under Part 1 warrant

5Provisional arrest

6Person arrested under section 5

The initial hearing

7Identity of person arrested

The extradition hearing

9Judge’s powers at extradition hearing

10Initial stage of extradition hearing

11Bars to extradition

12Rule against double jeopardy

13Extraneous considerations

14Passage of time

16Hostage-taking considerations

18Earlier extradition to United Kingdom from category 1 territory

19Earlier extradition to United Kingdom from non-category 1 territory

20Case where person has been convicted

Matters arising before end of extradition hearing

22Person charged with offence in United Kingdom

23Person serving sentence in United Kingdom

24Extradition request

25Physical or mental condition

26Appeal against extradition order

27Court’s powers on appeal under section 26

28Appeal against discharge at extradition hearing

29Court’s powers on appeal under section 28

30Detention pending conclusion of appeal under section 28

31Appeal to High Court: time limit for start of hearing

32Appeal to House of Lords

33Powers of House of Lords on appeal under section 32

34Appeals: general

Time for extradition

35Extradition where no appeal

36Extradition following appeal

37Undertaking in relation to person serving sentence in United Kingdom

38Extradition following deferral for competing claim

40Certificate in respect of asylum claimant

Withdrawal of Part 1 warrant

41Withdrawal of warrant before extradition

42Withdrawal of warrant while appeal to High Court pending

43Withdrawal of warrant while appeal to House of Lords pending

Competing Part 1 warrants

44Competing Part 1 warrants

Consent to extradition

45Consent to extradition

46Extradition order following consent

47Extradition to category 1 territory following consent

48Other warrant issued following consent

49Other warrant issued: extradition to category 1 territory

50Other warrant issued: proceedings deferred

51Extradition request following consent

52Undertaking in relation to person serving sentence

53Extradition following deferral for competing claim

Post-extradition matters

54Request for consent to other offence being dealt with

55Questions for decision at consent hearing

56Request for consent to further extradition to category 1 territory

57Questions for decision at consent hearing

58Consent to further extradition to category 2 territory

59Return of person to serve remainder of sentence

60Costs where extradition ordered

61Costs where discharge ordered

62Costs where discharge ordered: supplementary

Repatriation cases

63Persons serving sentences outside territory where convicted

64Extradition offences: person not sentenced for offence

65Extradition offences: person sentenced for offence

66Extradition offences: supplementary

67The appropriate judge

68The extradition hearing

Part 2Extradition to category 2 territories

69Extradition to category 2 territories

70Extradition request and certificate

71Arrest warrant following extradition request

72Person arrested under section 71

73Provisional warrant

74Person arrested under provisional warrant

The extradition hearing

75Date of extradition hearing: arrest under section 71

76Date of extradition hearing: arrest under provisional warrant

77Judge’s powers at extradition hearing

78Initial stages of extradition hearing

79Bars to extradition

80Rule against double jeopardy

81Extraneous considerations

82Passage of time

83Hostage-taking considerations

84Case where person has not been convicted

85Case where person has been convicted

86Conviction in person’s absence

88Person charged with offence in United Kingdom

89Person serving sentence in United Kingdom

90Competing extradition claim

91Physical or mental condition

92Case sent to Secretary of State

Secretary of State’s functions

93Secretary of State’s consideration of case

94Death penalty

96Earlier extradition to United Kingdom from other territory

97Deferral: person charged with offence in United Kingdom

98Deferral: person serving sentence in United Kingdom

99Time limit for order for extradition or discharge

101Making of order for extradition or discharge

102The appropriate day

103Appeal where case sent to Secretary of State

104Court’s powers on appeal under section 103

105Appeal against discharge at extradition hearing

106Court’s powers on appeal under section 105

107Detention pending conclusion of appeal under section 105

108Appeal against extradition order

109Court’s powers on appeal under section 108

110Appeal against discharge by Secretary of State

111Court’s powers on appeal under section 110

112Detention pending conclusion of appeal under section 110

113Appeal to High Court: time limit for start of hearing

114Appeal to House of Lords

115Powers of House of Lords on appeal under section 114

116Appeals: general

Time for extradition

117Extradition where no appeal

118Extradition following appeal

119Undertaking in relation to person serving sentence in United Kingdom

120Extradition following deferral for competing claim

121Asylum claim

Withdrawal of extradition request

122Withdrawal of request before end of extradition hearing

123Withdrawal of request after case sent to Secretary of State

124Withdrawal of request while appeal to High Court pending

125Withdrawal of request while appeal to House of Lords pending

Competing extradition requests

126Competing extradition requests

Consent to extradition

127Consent to extradition: general

128Consent to extradition before case sent to Secretary of State

Post-extradition matters

129Consent to other offence being dealt with

130Consent to further extradition to category 2 territory

131Consent to further extradition to category 1 territory

132Return of person to serve remainder of sentence

133Costs where extradition ordered

134Costs where discharge ordered

135Costs where discharge ordered: supplementary

Repatriation cases

136Persons serving sentences outside territory where convicted

137Extradition offences: person not sentenced for offence

138Extradition offences: person sentenced for offence

139The appropriate judge

140The extradition hearing

141Scotland: references to Secretary of State

Part 3Extradition to the United Kingdom

Extradition from category 1 territories

142Issue of Part 3 warrant

143Undertaking in relation to person serving sentence

144Return to extraditing territory to serve sentence

145Service of sentence in territory executing Part 3 warrant

146Dealing with person for other offences

147Effect of consent to extradition to the United Kingdom

148Extradition offences

149The appropriate judge

Extradition from category 2 territories

150Dealing with person for other offences: Commonwealth countries etc.

151Dealing with person for other offences: other category 2 territories

152Remission of punishment for other offences

153Return of person acquitted or not tried

154Restriction on bail where undertaking given by Secretary of State

155Service personnel

Part 4Police powers

Warrants and orders

156Search and seizure warrants

157Production orders

158Requirements for making of production order

159Computer information

160Warrants: special procedure material and excluded material

Search and seizure without warrant

161Entry and search of premises for purposes of arrest

162Entry and search of premises on arrest

163Search of person on arrest

164Entry and search of premises after arrest

165Additional seizure powers

Treatment following arrest

166Fingerprints and samples

167Searches and examination

169Evidence of identity: England and Wales

170Evidence of identity: Northern Ireland

171Other treatment and rights

Delivery of seized property

172Delivery of seized property

Codes of practice

173Codes of practice

174Interpretation

175Customs officers

176Service policemen

Part 5Miscellaneous and general

British overseas territories

177Extradition from British overseas territories

178Extradition to British overseas territories

Competing extradition claims

179Competing claims to extradition

180Proceedings on deferred warrant or request

181Proceedings where extradition deferred

182Legal advice, assistance and representation: England and Wales

183Legal aid: Scotland

184Grant of free legal aid: Northern Ireland

185Free legal aid: supplementary

186Re-extradition: preliminary

187Re-extradition hearing

188Re-extradition to category 1 territories

189Re-extradition to category 2 territories

Conduct of extradition proceedings

190Crown Prosecution Service: role in extradition proceedings

191Lord Advocate: role in extradition proceedings

192Northern Ireland DPP and Crown Solicitor: role in extradition proceedings

Parties to international Conventions

193Parties to international Conventions

Special extradition arrangements

194Special extradition arrangements

195Human rights: appropriate tribunal

196Genocide, crimes against humanity and war crimes

Custody and bail

198Bail: England and Wales

199Bail: Scotland

200Appeal against grant of bail

201Remand to local authority accommodation

202Receivable documents

203Documents sent by facsimile

204Part 1 warrant: transmission by other electronic means

205Written statements and admissions

206Burden and standard of proof

Other miscellaneous provisions

207Extradition for more than one offence

208National security

209Reasonable force

210Rules of court

211Service of notices

212Article 95 alerts: transitional provision

213Disposal of Part 1 warrant and extradition request

214Disposal of charge

215European framework list

216Other interpretative provisions

217Form of documents

218Existing legislation on extradition

221Commencement

222Channel Islands and Isle of Man

223Orders and regulations

224Orders in Council

SCHEDULE 1Re-extradition: modifications

Part 1Category 1 territories

1In section 11(1), omit paragraphs (c), (g) and (h).

2Omit sections 14, 18 and 19.

3In section 21(3), for “must” substitute “may”.

4In section 31(2), for paragraphs (a) and (b) substitute “would...

5In section 39(2)(a), for “a certificate is issued under section...

6In section 44(2)(a), for “following his arrest under this Part”...

7In section 45(1), for the words from “arrested” to “issued”...

Part 2Category 2 territories

8In section 78, omit subsections (2), (3), (5) and (8)....

9In section 78, for subsection (4) substitute—

10In section 78(6), for “any of the questions” substitute “the...

11In section 78(7), for “those questions” substitute “that question”.

12In section 79(1), omit paragraph (c).

13Omit section 82.

14In section 87(3), for the words from “must send the...

15In section 87, after subsection (3) insert—

16In section 103(1)— (a) for the words from “sends a...

17In section 103(2), for the words from “the person” to...

18In section 103, omit subsections (3), (5), (6), (7) and...

19In section 103(9), for the words from “the Secretary of...

20In section 104, omit subsections (1)(b), (6) and (7).

21In section 106, omit subsections (1)(b), (7) and (8).

22In section 117(1)(a), for “the Secretary of State” substitute “the...

23In section 117(1)(b), for the words from “permitted period” to...

24In section 117, after subsection (1) insert—

25In section 117(2), for “the Secretary of State” substitute “the...

26In section 119(1)(a), for “the Secretary of State” substitute “the...

27In section 119, in subsections (2) to (6) and in...

28In section 120, after subsection (1) insert—

29In section 121(2)(a), for “a certificate is issued under section...

30In section 127(1), for the words from “arrested” to “requested”...

31In section 127(3), before paragraph (a) insert—

32In section 127, omit subsections (4) and (5).

33In section 128, after subsection (1) insert—

34In section 128(4), for the words from “send the case”...

35In section 128, after subsection (5) insert—

36After section 128 insert— Extradition to category 2 territory following...

SCHEDULE 2European framework list

1Participation in a criminal organisation.

3Trafficking in human beings.

4Sexual exploitation of children and child pornography.

5Illicit trafficking in narcotic drugs and psychotropic substances.

6Illicit trafficking in weapons, munitions and explosives.

8Fraud, including that affecting the financial interests of the European...

9Laundering of the proceeds of crime.

10Counterfeiting currency, including of the euro.

11Computer-related crime.

12Environmental crime, including illicit trafficking in endangered animal species and...

13Facilitation of unauthorised entry and residence.

14Murder, grievous bodily injury.

15Illicit trade in human organs and tissue.

16Kidnapping, illegal restraint and hostage-taking.

17Racism and xenophobia.

18Organised or armed robbery.

19Illicit trafficking in cultural goods, including antiques and works of...

21Racketeering and extortion.

22Counterfeiting and piracy of products.

23Forgery of administrative documents and trafficking therein.

24Forgery of means of payment.

25Illicit trafficking in hormonal substances and other growth promoters.

26Illicit trafficking in nuclear or radioactive materials.

27Trafficking in stolen vehicles.

30Crimes within the jurisdiction of the International Criminal Court.

31Unlawful seizure of aircraft/ships.

SCHEDULE 3Amendments

2Parliamentary Commissioner Act 1967 (c. 13)

3Criminal Justice Act 1967 (c. 80)

4Suppression of Terrorism Act 1978 (c. 26)

5For section 5 of the Suppression of Terrorism Act 1978...

6Criminal Justice (International Co-operation) Act 1990 (c. 5)

7Computer Misuse Act 1990 (c. 18)

8Aviation and Maritime Security Act 1990 (c. 31)

9Criminal Justice Act 1991 (c. 53)

10United Nations Personnel Act 1997 (c. 13)

11Terrorism Act 2000 (c. 11)

12International Criminal Court Act 2001 (c. 17)

13(1) Part 2 of Schedule 2 to the International Criminal...

14Enterprise Act 2002 (c. 40)

SCHEDULE 4Repeals

Extradition Act 2003

2003 Chapter 41

An Act to make provision about extradition.

[20th November 2003]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—