Part 3

Extradition to the United Kingdom

Extradition from category 1 territories

Issue of Part 3 warrant
142
1
The appropriate judge may issue a Part 3 warrant in respect of a person if—
a
a constable or an appropriate person applies to the judge for a Part 3 warrant, and
b
the condition in subsection (2) , or the condition in subsection (2A), is satisfied.
2
The condition is that—
a
there are reasonable grounds for believing that the person has committed an extradition offence, and
b
a domestic warrant has been issued in respect of the person.
2A
The condition is that—
a
the person has been convicted of an extradition offence by a court in the United Kingdom,
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, and
c
either a domestic warrant has been issued in respect of the person or the person may be arrested without a warrant.
3
A Part 3 warrant is an arrest warrant which contains—
a
the statement referred to in subsection (4) or the statement referred to in subsection (5), and
b
the certificate referred to in subsection (6).
4
The statement is one that—
a
the person in respect of whom the warrant is issued is accused in the United Kingdom of the commission of an extradition offence specified in the warrant, and
b
the warrant is issued with a view to his arrest and extradition to the United Kingdom for the purpose of being prosecuted for the offence.
5
The statement is one that—
a
the person in respect of whom the warrant is issued has been convicted of an extradition offence specified in the warrant by a court in the United Kingdom, and
b
the warrant is issued with a view to his arrest and extradition to the United Kingdom for the purpose of being sentenced for the offence or of serving a sentence of imprisonment or another form of detention imposed in respect of the offence.
6
The certificate is one certifying—
a
whether the conduct constituting the extradition offence specified in the warrant falls within the Trade and Cooperation Agreement list;
b
whether the offence is an extra-territorial offence;
c
what is the maximum punishment that may be imposed on conviction of the offence or (if the person has been sentenced for the offence) what sentence has been imposed.
7
The conduct which falls within the Trade and Cooperation Agreement list must be taken for the purposes of subsection (6)(a) to include conduct which constitutes—
a
an attempt, conspiracy or incitement to carry out conduct falling within the list, or
b
aiding, abetting, counselling or procuring the carrying out of conduct falling within the list.
8
A domestic warrant is a warrant for the arrest or apprehension of a person which is issued under any of the provisions referred to in subsection (8A), or at common law by a Crown Court judge in Northern Ireland.
8A
The provisions are—
a
section 72 of the Criminal Justice Act 1967;
b
section 7 of the Bail Act 1976;
c
section 51 of the Judicature (Northern Ireland) Act 1978;
d
section 1 of the Magistrates' Courts Act 1980;
e
Article 20 or 25 of the Magistrates' Courts (Northern Ireland) Order 1981 (
S.I.
1981/1675 (N.I. 26));
f
the Criminal Procedure (Scotland) Act 1995.
9
An appropriate person is a person of a description specified in an order made by the Secretary of State for the purposes of this section.
10
Subsection (1)(a) applies to Scotland with the substitution of “a procurator fiscal” for “a constable or an appropriate person”.
Act 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))
Words in s. 142(1)(b) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 21(1); S.I. 2006/3364, art. 2(d)(e)
S. 142(2)(2A) substituted (15.1.2007) for s. 142(2) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 21(2); S.I. 2006/3364, art. 2(d)(e)
Words in s. 142(5)(a) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 1(3); S.I. 2006/3364, art. 2(d)(e)
S. 142(7)(a) modified (E.W.N.I.) (1.10.2008) by Serious Crime Act 2007 (c. 27) , ss. 62(2), 94, Sch. 6 para. 46 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)
S. 142(8)(8A) substituted (15.1.2007) for s. 142(8) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 22; S.I. 2006/3364, art. 2(d)(e)
Act 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))
Act 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))
S. 142(2A) substituted (21.7.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 165, 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/1916 , art. 2(k)
S. 142(8A) applied (with modifications) (N.I.) (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 98(8)
Words in s. 142(7) substituted (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), ss. 12(4)(b), 40(7) (with Sch. 6 para. 10); S.I. 2020/1662, reg. 2(k)
Words in s. 142(6)(a) substituted (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), ss. 12(4)(a), 40(7) (with Sch. 6 para. 10); S.I. 2020/1662, reg. 2(k)