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Royal arms

Extradition Act 2003

2003 CHAPTER 41

CONTENTS

Go to Preamble

  1. Part 1

    Extradition to category 1 territories

    1. Introduction

      1. 1. Extradition to category 1 territories

      2. 2. Part 1 warrant and certificate

    2. Arrest

      1. 3. Arrest under certified Part 1 warrant

      2. 4. Person arrested under Part 1 warrant

      3. 5. Provisional arrest

      4. 6. Person arrested under section 5

    3. The initial hearing

      1. 7. Identity of person arrested

      2. 8. Remand etc.

    4. The extradition hearing

      1. 9. Judge’s powers at extradition hearing

      2. 10. Initial stage of extradition hearing

      3. 11. Bars to extradition

      4. 12. Rule against double jeopardy

      5. 13. Extraneous considerations

      6. 14. Passage of time

      7. 15. Age

      8. 16. Hostage-taking considerations

      9. 17. Speciality

      10. 18. Earlier extradition to United Kingdom from category 1 territory

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

      12. 20. Case where person has been convicted

      13. 21. Human rights

    5. Matters arising before end of extradition hearing

      1. 22. Person charged with offence in United Kingdom

      2. 23. Person serving sentence in United Kingdom

      3. 24. Extradition request

      4. 25. Physical or mental condition

    6. Appeals

      1. 26. Appeal against extradition order

      2. 27. Court’s powers on appeal under section 26

      3. 28. Appeal against discharge at extradition hearing

      4. 29. Court’s powers on appeal under section 28

      5. 30. Detention pending conclusion of appeal under section 28

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

      7. 32. Appeal to House of Lords

      8. 33. Powers of House of Lords on appeal under section 32

      9. 34. Appeals: general

    7. Time for extradition

      1. 35. Extradition where no appeal

      2. 36. Extradition following appeal

      3. 37. Undertaking in relation to person serving sentence in United Kingdom

      4. 38. Extradition following deferral for competing claim

      5. 39. Asylum claim

      6. 40. Certificate in respect of asylum claimant

    8. Withdrawal of Part 1 warrant

      1. 41. Withdrawal of warrant before extradition

      2. 42. Withdrawal of warrant while appeal to High Court pending

      3. 43. Withdrawal of warrant while appeal to House of Lords pending

    9. Competing Part 1 warrants

      1. 44. Competing Part 1 warrants

    10. Consent to extradition

      1. 45. Consent to extradition

      2. 46. Extradition order following consent

      3. 47. Extradition to category 1 territory following consent

      4. 48. Other warrant issued following consent

      5. 49. Other warrant issued: extradition to category 1 territory

      6. 50. Other warrant issued: proceedings deferred

      7. 51. Extradition request following consent

      8. 52. Undertaking in relation to person serving sentence

      9. 53. Extradition following deferral for competing claim

    11. Post-extradition matters

      1. 54. Request for consent to other offence being dealt with

      2. 55. Questions for decision at consent hearing

      3. 56. Request for consent to further extradition to category 1 territory

      4. 57. Questions for decision at consent hearing

      5. 58. Consent to further extradition to category 2 territory

      6. 59. Return of person to serve remainder of sentence

    12. Costs

      1. 60. Costs where extradition ordered

      2. 61. Costs where discharge ordered

      3. 62. Costs where discharge ordered: supplementary

    13. Repatriation cases

      1. 63. Persons serving sentences outside territory where convicted

    14. Interpretation

      1. 64. Extradition offences: person not sentenced for offence

      2. 65. Extradition offences: person sentenced for offence

      3. 66. Extradition offences: supplementary

      4. 67. The appropriate judge

      5. 68. The extradition hearing

  2. Part 2

    Extradition to category 2 territories

    1. Introduction

      1. 69. Extradition to category 2 territories

      2. 70. Extradition request and certificate

    2. Arrest

      1. 71. Arrest warrant following extradition request

      2. 72. Person arrested under section 71

      3. 73. Provisional warrant

      4. 74. Person arrested under provisional warrant

    3. The extradition hearing

      1. 75. Date of extradition hearing: arrest under section 71

      2. 76. Date of extradition hearing: arrest under provisional warrant

      3. 77. Judge’s powers at extradition hearing

      4. 78. Initial stages of extradition hearing

      5. 79. Bars to extradition

      6. 80. Rule against double jeopardy

      7. 81. Extraneous considerations

      8. 82. Passage of time

      9. 83. Hostage-taking considerations

      10. 84. Case where person has not been convicted

      11. 85. Case where person has been convicted

      12. 86. Conviction in person’s absence

      13. 87. Human rights

      14. 88. Person charged with offence in United Kingdom

      15. 89. Person serving sentence in United Kingdom

      16. 90. Competing extradition claim

      17. 91. Physical or mental condition

      18. 92. Case sent to Secretary of State

    4. Secretary of State’s functions

      1. 93. Secretary of State’s consideration of case

      2. 94. Death penalty

      3. 95. Speciality

      4. 96. Earlier extradition to United Kingdom from other territory

      5. 97. Deferral: person charged with offence in United Kingdom

      6. 98. Deferral: person serving sentence in United Kingdom

      7. 99. Time limit for order for extradition or discharge

      8. 100. Information

      9. 101. Making of order for extradition or discharge

      10. 102. The appropriate day

    5. Appeals

      1. 103. Appeal where case sent to Secretary of State

      2. 104. Court’s powers on appeal under section 103

      3. 105. Appeal against discharge at extradition hearing

      4. 106. Court’s powers on appeal under section 105

      5. 107. Detention pending conclusion of appeal under section 105

      6. 108. Appeal against extradition order

      7. 109. Court’s powers on appeal under section 108

      8. 110. Appeal against discharge by Secretary of State

      9. 111. Court’s powers on appeal under section 110

      10. 112. Detention pending conclusion of appeal under section 110

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

      12. 114. Appeal to House of Lords

      13. 115. Powers of House of Lords on appeal under section 114

      14. 116. Appeals: general

    6. Time for extradition

      1. 117. Extradition where no appeal

      2. 118. Extradition following appeal

      3. 119. Undertaking in relation to person serving sentence in United Kingdom

      4. 120. Extradition following deferral for competing claim

      5. 121. Asylum claim

    7. Withdrawal of extradition request

      1. 122. Withdrawal of request before end of extradition hearing

      2. 123. Withdrawal of request after case sent to Secretary of State

      3. 124. Withdrawal of request while appeal to High Court pending

      4. 125. Withdrawal of request while appeal to House of Lords pending

    8. Competing extradition requests

      1. 126. Competing extradition requests

    9. Consent to extradition

      1. 127. Consent to extradition: general

      2. 128. Consent to extradition before case sent to Secretary of State

    10. Post-extradition matters

      1. 129. Consent to other offence being dealt with

      2. 130. Consent to further extradition to category 2 territory

      3. 131. Consent to further extradition to category 1 territory

      4. 132. Return of person to serve remainder of sentence

    11. Costs

      1. 133. Costs where extradition ordered

      2. 134. Costs where discharge ordered

      3. 135. Costs where discharge ordered: supplementary

    12. Repatriation cases

      1. 136. Persons serving sentences outside territory where convicted

    13. Interpretation

      1. 137. Extradition offences: person not sentenced for offence

      2. 138. Extradition offences: person sentenced for offence

      3. 139. The appropriate judge

      4. 140. The extradition hearing

      5. 141. Scotland: references to Secretary of State

  3. Part 3

    Extradition to the United Kingdom

    1. Extradition from category 1 territories

      1. 142. Issue of Part 3 warrant

      2. 143. Undertaking in relation to person serving sentence

      3. 144. Return to extraditing territory to serve sentence

      4. 145. Service of sentence in territory executing Part 3 warrant

      5. 146. Dealing with person for other offences

      6. 147. Effect of consent to extradition to the United Kingdom

      7. 148. Extradition offences

      8. 149. The appropriate judge

    2. Extradition from category 2 territories

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

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

    3. General

      1. 152. Remission of punishment for other offences

      2. 153. Return of person acquitted or not tried

      3. 154. Restriction on bail where undertaking given by Secretary of State

      4. 155. Service personnel

  4. Part 4

    Police powers

    1. Warrants and orders

      1. 156. Search and seizure warrants

      2. 157. Production orders

      3. 158. Requirements for making of production order

      4. 159. Computer information

      5. 160. Warrants: special procedure material and excluded material

    2. Search and seizure without warrant

      1. 161. Entry and search of premises for purposes of arrest

      2. 162. Entry and search of premises on arrest

      3. 163. Search of person on arrest

      4. 164. Entry and search of premises after arrest

      5. 165. Additional seizure powers

    3. Treatment following arrest

      1. 166. Fingerprints and samples

      2. 167. Searches and examination

      3. 168. Photographs

      4. 169. Evidence of identity: England and Wales

      5. 170. Evidence of identity: Northern Ireland

      6. 171. Other treatment and rights

    4. Delivery of seized property

      1. 172. Delivery of seized property

    5. Codes of practice

      1. 173. Codes of practice

    6. General

      1. 174. Interpretation

      2. 175. Customs officers

      3. 176. Service policemen

  5. Part 5

    Miscellaneous and general

    1. British overseas territories

      1. 177. Extradition from British overseas territories

      2. 178. Extradition to British overseas territories

    2. Competing extradition claims

      1. 179. Competing claims to extradition

      2. 180. Proceedings on deferred warrant or request

      3. 181. Proceedings where extradition deferred

    3. Legal aid

      1. 182. Legal advice, assistance and representation: England and Wales

      2. 183. Legal aid: Scotland

      3. 184. Grant of free legal aid: Northern Ireland

      4. 185. Free legal aid: supplementary

    4. Re-extradition

      1. 186. Re-extradition: preliminary

      2. 187. Re-extradition hearing

      3. 188. Re-extradition to category 1 territories

      4. 189. Re-extradition to category 2 territories

    5. Conduct of extradition proceedings

      1. 190. Crown Prosecution Service: role in extradition proceedings

      2. 191. Lord Advocate: role in extradition proceedings

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

    6. Parties to international Conventions

      1. 193. Parties to international Conventions

    7. Special extradition arrangements

      1. 194. Special extradition arrangements

    8. Human rights

      1. 195. Human rights: appropriate tribunal

    9. Genocide etc

      1. 196. Genocide, crimes against humanity and war crimes

    10. Custody and bail

      1. 197. Custody

      2. 198. Bail: England and Wales

      3. 199. Bail: Scotland

      4. 200. Appeal against grant of bail

      5. 201. Remand to local authority accommodation

    11. Evidence

      1. 202. Receivable documents

      2. 203. Documents sent by facsimile

      3. 204. Part 1 warrant: transmission by other electronic means

      4. 205. Written statements and admissions

      5. 206. Burden and standard of proof

    12. Other miscellaneous provisions

      1. 207. Extradition for more than one offence

      2. 208. National security

      3. 209. Reasonable force

      4. 210. Rules of court

      5. 211. Service of notices

      6. 212. Article 95 alerts: transitional provision

    13. Interpretation

      1. 213. Disposal of Part 1 warrant and extradition request

      2. 214. Disposal of charge

      3. 215. European framework list

      4. 216. Other interpretative provisions

    14. General

      1. 217. Form of documents

      2. 218. Existing legislation on extradition

      3. 219. Amendments

      4. 220. Repeals

      5. 221. Commencement

      6. 222. Channel Islands and Isle of Man

      7. 223. Orders and regulations

      8. 224. Orders in Council

      9. 225. Finance

      10. 226. Extent

      11. 227. Short title

    1. Schedule 1

      Re-extradition: modifications

      1. Part 1

        Category 1 territories

      2. Part 2

        Category 2 territories

    2. Schedule 2

      European framework list

    3. Schedule 3

      Amendments

    4. Schedule 4

      Repeals

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:—

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