Part 5 U.K. Miscellaneous and general

[F1 Non-UK extradition: transit through the United Kingdom U.K.

Textual Amendments

F1 Ss. 189A-189E and cross-heading inserted (1.5.2021) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 168, 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2021/532, art. 3

189E Sections 189A to 189D: interpretation U.K.

(1) An “authorised officer” is—

(a) a constable, or

(b) a person who is of a description specified by the Secretary of State by order.

(2) A National Crime Agency officer, prison officer, or any other person who has the powers of a constable (but is not a constable)—

(a) does not have the extradition transit powers by virtue of having the powers of a constable; and

(b) accordingly, has the extradition transit powers only if the person is of a description specified under subsection (1)(b).

(3) These expressions have the meanings given—

• “extradition transit powers” means the powers under—

  (a)

  section 189A (except the power to issue transit certificates), and

  (b)

  section 189B;

• “foreign territory” means a territory outside the United Kingdom;

• “non-UK extradition” means extradition from one foreign territory to another foreign territory;

• “relevant search power” means a power of search under—

  (a)

  section 189A(2)(c) or (d), or

  (b)

  section 189B(2)(b) or (c);

• “relevant UK authority” means—

  (a)

  the National Crime Agency (in the case of a non-UK extradition to a category 1 territory), or

  (b)

  the Secretary of State (in any other case).

(4) A reference to the transit of a person through the United Kingdom is a reference to the person arriving in, being in, and departing from the United Kingdom (whether or not the person travels within the United Kingdom between arrival and departure).

(5) This section applies for the purposes of section 189A to 189D (and this section).]