The Extradition Act 2003 (Multiple Offences) Order 2003

JurisdictionUK Non-devolved
CitationSI 2003/3150
Year2003

2003 No. 3150

EXTRADITION

The Extradition Act 2003 (Multiple Offences) Order 2003

Made 4th December 2003

Laid before Parliament 11th December 2003

Coming into force 1st January 2004

The Secretary of State, in exercise of the powers conferred on him by sections 207 and 223(3) of the Extradition Act 20031, hereby makes the following Order:

S-1 This Order may be cited as the Extradition Act 2003 (Multiple...

1. This Order may be cited as the Extradition Act 2003 (Multiple Offences) Order 2003 and shall come into force on 1st January 2004.

S-2 In this Order “ the Act ” means the Extradition Act 2003. The...

2.—(1) In this Order “the Act” means the Extradition Act 2003.

(2) The Act is to have effect with the modifications specified in the Schedule to this Order in relation to a case where—

(a)

(a) a Part 1 warrant is issued for more than one offence;

(b)

(b) a request for extradition is made in respect of more than one offence.

Caroline Flint

Parliamentary Under-Secretary of State

Home Office

4th December 2003

SCHEDULE

Article 2(2)

MODIFICATIONS TO THE ACT

SCH-1.1

1. General modification

(1) Unless the context otherwise requires, any reference in the Act to an offence (including a reference to an extradition offence) is to be construed as a reference to offences (or extradition offences).

(2) Sub-paragraph (1) does not apply to any reference to an offence—

(a)

(a) in a modification made by this Schedule; or

(b)

(b) in a provision of the Act which is relevant to such a modification.

SCH-1.2

2. Initial stage of extradition hearing

(1) Section 10 is modified as follows.

(2) In subsection (2) for “the offence” substitute “any of the offences”.

(3) For subsection (3) substitute—

SCH-1.3

“3 If the judge decides the question in subsection (2) in the negative in relation to an offence, he must order the person’s discharge in relation to that offence only.”.

(4) For subsection (4) substitute—

SCH-1.4

“4 If the judge decides that question in the affirmative in relation to one or more offences he must proceed under section 11.”.

SCH-1.3

3. Bars to extradition

(1) Section 11 is modified as follows.

(2) For subsection (3) substitute—

SCH-1.3

“3 If the judge decides any of the questions in subsection (1) in the affirmative in relation to an offence, he must order the person’s discharge in relation to that offence only.”.

(3) For subsection (4) substitute—

SCH-1.4

“4 If the judge decides those questions in the negative in relation to an offence and the person is alleged to be unlawfully at large after conviction of the extradition offence, the judge must proceed under section 20.”

(4) For subsection (5) substitute—

SCH-1.5

“5 If the judge decides those questions in the negative in relation to an offence and the person is accused of the commission of the extradition offence but is not alleged to be unlawfully at large after conviction of it, the judge must proceed under section 21.”.

SCH-1.4

4. Case where person has been convicted

(1) Section 20 is modified as follows.

(2) In subsection (1) after “decide” insert “in relation to each offence”.

(3) In subsection (2) after “section 21” insert “in relation to the offence in question”.

(4) In subsection (3) after “decide” insert “in relation to each offence”.

(5) In subsection (4) after “section 21” insert “in relation to the offence in question”.

SCH-1.5

5. Human rights

(1) Section 21 is modified as follows.

(2) In subsection (1) after “decide” insert “in relation to each offence”.

(3) In subsection (2) after “discharge” insert “in relation to the offence in question”.

(4) In subsection (3) after “extradited” insert “for the offence in question”.

SCH-1.6

6. Appeal against extradition order

(1) Section 26 is modified as follows.

(2) In subsection (1) after “extradition” insert “in relation to an offence”.

SCH-1.7

7. Court’s powers on appeal under section 26

(1) Section 27 is modified as follows.

(2) In subsection (5) after “it must” insert “in relation to the relevant offence only”.

SCH-1.8

8. Appeal against discharge at extradition hearing

(1) Section 28 is modified as follows.

(2) In subsection (1) after “discharge” insert “in relation to an offence”.

SCH-1.9

9. Court’s powers on appeal under section 28

(1) Section 29 is modified as follows.

(2) In subsection (5) after “it must” insert “in relation to the relevant offence only”.

SCH-1.10

10. Detention pending conclusion of appeal under section 28

(1) Section 30 is modified as follows.

(2) In subsection (1) after “discharge” insert “in relation to an offence”.

SCH-1.11

11. Appeal to House of Lords

(1) Section 32 is modified as follows.

(2) In subsection (1) after “appeal” insert “in relation to each offence”.

SCH-1.12

12. Powers of House of Lords on appeal under section 32

(1) Section 33 is modified as follows.

(2) In subsection (3) after “must” insert “in relation to the relevant offence only”.

(3) In subsection (5) after “must” insert “in relation to the relevant offence only”.

(4) In subsection (7) after “must” insert “in relation to the relevant offence only”.

(5) In subsection (8) after “must” insert “in relation to the relevant offence only”.

SCH-1.13

13. Extradition where no appeal

(1) Section 35 is modified as follows.

(2) In subsection (1)(a) after “extradition” insert “in relation to an offence”.

(3) In subsection (4)(b) after the second “date” insert

“, or

(a) if proceedings are continuing in relation to other offences contained in the same Part 1 warrant, 10 days starting with the day on which the judge, the High Court or the House of Lords make the final order in relation to the last of the offences in respect of which the same Part 1 warrant was issued.”.

SCH-1.14

14. Extradition following an appeal

(1) Section 36 is modified as follows.

(2) In subsection (1)(a) after “territory” insert “in relation to an offence”.

(3) In subsection (1)(b) after “there” insert “in relation to that offence”.

(4) In subsection (3)(a)—

(a)

(a) for “the decision of the relevant court on the appeal becomes” substitute “all decisions of the relevant court on any appeal in relation to any offence in respect of which the same Part 1 warrant was issued become”;

(b)

(b) for “the appeal are discontinued” insert “any appeal in relation to any offence in respect of which the same Part 1 warrant was issued are discontinued”.

SCH-1.15

15. Withdrawal of warrant before extradition

(1) Section 41 is modified as follows.

(2) In subsection (1) for the words from “a Part 1 warrant” to the end substitute “they do not wish to proceed with their request for extradition in relation to an offence in respect of which the Part 1 warrant was issued”.

(3) In subsection (3) after “discharge” insert “in relation to that offence”.

SCH-1.16

16. Withdrawal of warrant while appeal to High Court pending

(1) Section 42 is modified as follows.

(2) In subsection (1) for the words from “a Part 1 warrant” to the end substitute “they do not wish to proceed with their request for extradition in relation to an offence in respect of which the Part 1 warrant was issued”.

(3) In subsection (3)(a) after “extradition” insert “in relation to that offence”.

(4) In subsection (3)(b) after “appeal” insert “in relation to that offence”.

SCH-1.17

17. Withdrawal of warrant while appeal to House of Lords pending

(1) Section 43 is modified as follows.

(2) In subsection (1) for the words from “a Part 1 warrant” to the end substitute “they do not wish to proceed with their request for extradition in relation to an offence in respect of which the Part 1 warrant was issued”.

(3) In subsection (3)(a) after “discharge” insert “in relation to that offence”.

(4) In subsection (3)(b) after “extradition” insert “in relation to that offence”.

(5) In subsection (4) after “appeal” insert “in relation to that offence”.

SCH-1.18

18. Consent to extradition

(1) Section 45 is modified as follows.

(2) In subsection (1) after “issued” insert “in relation to any offence contained in the Part 1 warrant”.

(3) In subsection (2) after the second “section” insert “in relation to any offence contained in the Part 1 warrant”.

(4) In subsection (3) after “section” insert “to every offence contained in the Part 1 warrant”.

SCH-1.19

19. Extradition to category 1 territory following consent

(1) Section 47 is modified as follows.

(2) In subsection (3)(b) after the second “date” insert

“, or

(a) if proceedings are continuing in relation to other offences contained in the same Part 1 warrant, 10 days starting with the day on which the judge, the High Court or the House of Lords make the final order in relation to the last of the offences in respect of which the same Part 1 warrant was issued.”.

(3) In subsection (5) for the words from “the Part 1 warrant” to the end substitute “they do not wish to proceed with their request for extradition in relation to an offence in respect of which the Part 1 warrant was issued”.

(4) In subsection (5)(b) after “discharge” insert “in relation to that offence”.

SCH-1.20

20. Other warrant issued: extradition to category 1 territory

(1) Section 49 is modified as follows.

(2) In subsection (3)(b) after “date” insert

“, or

(a) if proceedings are continuing in relation to other offences contained in the same Part 1 warrant, 10 days starting with the day on which the judge, the High Court or the House of Lords make the final order in relation to the last of the offences in respect of which the same Part 1 warrant was issued.”.

(3) In subsection (5) for the words from “the Part 1 warrant” to the end substitute “they do not wish to proceed with their request for extradition in relation to an offence in respect of which the Part 1 warrant was issued”.

(4) In subsection (5)(b) after “discharge” insert “in relation to that offence”.

SCH-1.21

21. Arrest warrant following extradition request

(1) Section 71 is modified as follows.

(2) For subsection (2)(a) substitute “any of the offences in respect of which extradition is requested are extradition offences”.

(3) In subsection (2)(b)...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT