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Part 1U.K.Extradition to category 1 territories

Commencement Information

I1Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

InterpretationU.K.

Commencement Information

I2Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[F164Extradition offences: person not sentenced for offenceU.K.

(1) This section sets out whether a person's conduct constitutes an “ extradition offence ” for the purposes of this Part in a case where the person—

(a)is accused in a category 1 territory of an offence constituted by the conduct, or

(b)has been convicted in that territory of an offence constituted by the conduct but not sentenced for it.

(2)The conduct constitutes an extradition offence in relation to the category 1 territory if the conditions in subsection (3) [F2or (4)] are satisfied.

(3)The conditions in this subsection are that—

(a)the conduct occurs in the category 1 territory;

(b)the conduct would constitute an offence under the law of the relevant part of the United Kingdom if it occurred in that part of the United Kingdom;

(c)the conduct is punishable under the law of the category 1 territory with imprisonment or another form of detention for a term of 12 months or a greater punishment.

(4)The conditions in this subsection are that—

(a)the conduct occurs outside the category 1 territory;

(b)in corresponding circumstances equivalent conduct would constitute an extra-territorial offence under the law of the relevant part of the United Kingdom;

(c)the conduct is punishable under the law of the category 1 territory with imprisonment or another form of detention for a term of 12 months or a greater punishment.

F3(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)For the purposes of subsections (3)(b) and (4)(b)—

(a)if the conduct relates to a tax or duty, it does not matter whether the law of the relevant part of the United Kingdom imposes the same kind of tax or duty or contains rules of the same kind as those of the law of the category 1 territory;

(b)if the conduct relates to customs or exchange, it does not matter whether the law of the relevant part of the United Kingdom contains rules of the same kind as those of the law of the category 1 territory.]

Textual Amendments

[F465Extradition offences: person sentenced for offenceU.K.

(1)This section sets out whether a person's conduct constitutes an “extradition offence” for the purposes of this Part in a case where the person—

(a)has been convicted in a category 1 territory of an offence constituted by the conduct, and

(b)has been sentenced for the offence.

(2)The conduct constitutes an extradition offence in relation to the category 1 territory if the conditions in subsection (3) [F5or (4)] are satisfied.

(3)The conditions in this subsection are that—

(a)the conduct occurs in the category 1 territory;

(b)the conduct would constitute an offence under the law of the relevant part of the United Kingdom if it occurred in that part of the United Kingdom;

(c)a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 1 territory in respect of the conduct.

(4)The conditions in this subsection are that—

(a)the conduct occurs outside the category 1 territory;

(b)in corresponding circumstances equivalent conduct would constitute an extra-territorial offence under the law of the relevant part of the United Kingdom;

(c)a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 1 territory in respect of the conduct.

F6(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)For the purposes of subsections (3)(b) and (4)(b)—

(a)if the conduct relates to a tax or duty, it does not matter whether the law of the relevant part of the United Kingdom imposes the same kind of tax or duty or contains rules of the same kind as those of the law of the category 1 territory;

(b)if the conduct relates to customs or exchange, it does not matter whether the law of the relevant part of the United Kingdom contains rules of the same kind as those of the law of the category 1 territory.]

Textual Amendments

F4Ss. 64, 65 substituted (21.7.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 164(1), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/1916, art. 2(j) (with art. 6)

Commencement Information

I3Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

66Extradition offences: supplementaryU.K.

(1)Subsections [F7(1A)] to (4) apply for the purposes of sections 64 and 65.

[F8(1A) References to “conduct” (except in the expression “ equivalent conduct ”) are to the conduct specified in the Part 1 warrant. ]

(2)An appropriate authority of a category 1 territory is a judicial authority of the territory which the appropriate judge believes has the function of issuing arrest warrants in that territory.

(3)The law of a territory is the general criminal law of the territory.

(4)The relevant part of the United Kingdom is the part of the United Kingdom in which the relevant proceedings are taking place.

(5)The relevant proceedings are the proceedings in which it is necessary to decide whether conduct constitutes an extradition offence.

Textual Amendments

Commencement Information

I4Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

67The appropriate judgeU.K.

(1)The appropriate judge is—

(a)in England and Wales, a District Judge (Magistrates' Courts) designated for the purposes of this Part [F9by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor]F9;

(b)in Scotland, the sheriff of Lothian and Borders;

(c)in Northern Ireland, such county court judge or resident magistrate as is designated for the purposes of this Part [F10by the Lord Chief Justice of Northern Ireland after consulting the [F11Department of Justice in Northern Ireland]]F11F10.

(2)A designation under subsection (1) may be made for all cases or for such cases (or cases of such description) as the designation stipulates.

(3)More than one designation may be made under subsection (1).

[F12(3A)The use of the expression “the judge” in a section containing a previous reference to “the appropriate judge” or “the judge” does not in itself require both references to be read as referring to the same individual.]

F12(4)This section applies for the purposes of this Part.

[F13(5)The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1)(a).

(6)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (1)(c)—

(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b)a Lord Justice of Appeal (as defined in section 88 of that Act).]F13

Textual Amendments

F9Words in s. 67(1)(a) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 353(2); S.I. 2006/1014, art. 2(a) Sch. 1 paras. 10, 11(cc)

F10Words in s. 67(1)(c) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 353(3); S.I. 2006/1014, art. 2(a) Sch. 1 paras. 10, 11(cc)

F13S. 67(5)(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 353(4); S.I. 2006/1014, art. 2(a) Sch. 1 paras. 10, 11(cc)

Commencement Information

I5Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

68The extradition hearingU.K.

(1)The extradition hearing is the hearing at which the appropriate judge is to decide whether a person in respect of whom a Part 1 warrant was issued is to be extradited to the category 1 territory in which it was issued.

(2)This section applies for the purposes of this Part.

Commencement Information

I6Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[F1468AUnlawfully at largeU.K.

(1)A person is alleged to be unlawfully at large after conviction of an offence if—

(a)he is alleged to have been convicted of it, and

(b)his extradition is sought for the purpose of his being sentenced for the offence or of his serving a sentence of imprisonment or another form of detention imposed in respect of the offence.

(2)This section applies for the purposes of this Part, other than sections 14 and 63.]

Textual Amendments

Commencement Information

I7Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))