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Criminal Justice Act 1988 (c. 33)

(The document as of February, 2008)

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Criminal Justice Act 1988

1988 CHAPTER 33

ARRANGEMENT OF SECTIONS

Content
  1. Part I

    Extradition

    1. Preliminary

      1. 1. Scope of Part I.

      2. 2. Orders in Council as to arrangements for extradition.

      3. 3. General restrictions on return.

    2. Procedure

      1. 4. Extradition request and authority to proceed.

      2. 5. Arrest for purposes of committal.

      3. 6. Proceedings for committal.

      4. 7. Statement of case by court.

      5. 8. Application for habeas corpus etc.

      6. 9. Order for return to requesting state.

      7. 10. Simplified procedure.

      8. 11. Special extradition arrangements.

      9. 12. Discharge in case of delay.

      10. 13. Authentication of foreign documents.

      11. 14. Custody.

      12. 15. Form of warrants and orders.

    3. Treatment of persons returned from foreign states

      1. 16. Restrictions upon proceedings for other offences.

      2. 17. Restoration of persons not tried or acquitted.

    4. Repatriation cases

      1. 18. Persons serving sentences outside country of conviction.

    5. Channel Islands, Isle of Man and colonies

      1. 19. Application to Channel Islands and Isle of Man.

      2. 20. Application of general extradition arrangements to colonies.

      3. 21. Special extradition arrangements--colonies.

    6. Suppression of terrorism

      1. 22. Suppression of terrorism.

  2. Part II

    Documentary Evidence in Criminal Proceedings

    1. 23. First-hand hearsay.

    2. 24. Business etc. documents.

    3. 25. Principles to be followed by court.

    4. 26. Statements in documents that appear to have been prepared for purposes of criminal proceedings or investigations.

    5. 27. Proof of statements contained in documents.

    6. 28. Documentary evidence--supplementary.

  3. Part III

    Other Provisions about Evidence in Criminal Proceedings

    1. 29. Issue of letters of request.

    2. 30. Expert reports.

    3. 31. Form of evidence and glossaries.

    4. 32. Evidence through television links.

    5. 33. Evidence of persons under 14 in committal proceedings.

    6. 34. Abolition of requirement of corroboration for unsworn evidence of children.

  4. Part IV

    Reviews of Sentencing

    1. 35. Scope of Part IV.

    2. 36. Reviews of sentencing.

  5. Part V

    Jurisdiction, Imprisonment, Fines Etc.

    1. Jurisdiction

      1. 37. Certain either way offences relating to motor vehicles to be summary offences.

      2. 38. Criminal damage etc. as summary offences.

      3. 39. Common assault and battery to be summary offences.

      4. 40. Power to join in indictment count for common assault etc.

      5. 41. Power of Crown Court to deal with summary offence where person committed for either way offence.

      6. 42. Amendments relating to committal for sentence.

    2. Power of Court of Appeal to order retrial

      1. 43. Power of Court of Appeal to order retrial.

    3. Imprisonment

      1. 44. Firearms offences.

      2. 45. Increase in maximum term of imprisonment for cruelty to children and young persons.

      3. 46. Maximum term of imprisonment on summary conviction under Prevention of Crime Act 1953 and maximum fine under Restriction of Offensive Weapons Act 1959.

      4. 47. Corruption.

      5. 48. Increase in penalty for insider dealing.

      6. 49. Repeal of s.134 of Magistrates' Courts Act 1980.

      7. 50. Suspended and partly suspended sentences on certain civilians in courts-martial and Standing Civilian Courts.

    4. Maximum fines under subordinate legislation

      1. 51. Statutory maximum as penalty on summary conviction for offences triable either way under subordinate legislation.

      2. 52. Penalties on conviction for summary offences under subordinate legislation--conversion of references to amounts to references to levels on scale.

      3. 53. Powers to specify maximum fines for summary offences under subordinate instruments--conversion of references to amounts to references to levels on scale--England and Wales.

      4. 54. Fines on summary conviction for offences under subordinate instruments--conversion to references to levels on scale--Scotland.

      5. 55. Fines under secondary subordinate instruments--England and Wales.

      6. 56. Fines under secondary subordinate instrum of maximum fine under s.32 of the Game Act 1831.">64. Increase of maximum fine under s.32 of the Game Act 1831.

      7. 65. Powers of civilian fine enforcement officers.

      8. 66. Fisheries offences on River Tweed.

      9. 67. Fines imposed and recognizances forfeited by coroners.

      10. 68. Causing death by reckless driving--increased minimum disqualification period.

    5. Forfeiture

      1. 69. Forfeiture--general.

      2. 70. Forfeiture for drug offences.

  6. Part VI

    Confiscation of the Proceeds of an Offence

    1. 71. Confiscation orders.

    2. 72. Making of confiscation orders.

    3. 73. Statements, etc. relevant to making confiscation orders.

    4. 74. Definition of principal terms used.

    5. Enforcement, etc. of confiscation orders

      1. 75. Application of procedure for enforcing fines.

      2. 76. Cases in which restraint orders and charging orders may be made.

      3. 77. Restraint orders.

      4. 78. Charging orders in respect of land, securities, etc.

      5. 79. Charging orders: supplementary provisions.

      6. 80. Realisation of property.

      7. 81. Application of proceeds of realisation and other sums.

      8. 82. Exercise of powers by High Court or receiver.

      9. 83. Variation of confiscation orders.

      10. 84. Bankruptcy of defendant etc.

      11. 85. Sequestration in Scotland of defendant etc.

      12. 86. Winding up of company holding realisable property.

      13. 87. Insolvency officers dealing with property subject to restraint order.

      14. 88. Receivers: supplementary provisions.

      15. 89. Compensation.

    6. Enforcement in Scotland

      1. 90. Recognition and enforcement of orders in Scotland.

      2. 91. Supplementary.

      3. 92. Inhibition and arrestment of property in Scotland.

      4. 93. Proof in Scotland of High Court orders.

    7. Enforcement of external orders

      1. 94. Enforcement of Northern Ireland orders.

      2. 95. Enforcement of Northern Ireland order in Scotland.

      3. 96. Enforcement of other external orders.

      4. 97. Registration of external confiscation orders.

    8. Miscellaneous and supplemental

      1. 98. Disclosure of information subject to contractual restriction upon disclosure.

      2. 99. Authorisation of delay in notifying arrest etc.

      3. 100. Power to inspect Land Register, etc.

      4. 101. Abolition of power to make criminal bankruptcy order.

      5. Part VII

        Compensation by Court and Criminal Injuries Compensation Board

        1. Powers of court

          1. 104. Compensation orders.

          2. 105. Enforcement of compensation orders.

          3. 106. Discretion of Crown Court to specify extended period of imprisonment in default of payment of compensation.

        2. Compensation for victim out of forfeited property

          1. 107. Power to make order applying proceeds of sale of property forfeited by offender for benefit of victim.

        3. The Criminal Injuries Compensation Scheme

          1. 108. The Criminal Injuries Compensation Board and the administration of the scheme.

          2. 109. Criminal injuries.

          3. 110. Qualifying injuries.

          4. 111. Awards of compensation.

          5. 112. Powers to withhold and reduce compensation.

          6. 113. Right of appeal.

          7. 114. Minimum awards.

          8. 115. Reimbursement and recovery.

          9. 116. Reimbursement and recovery in Scotland.

          10. 117. Inalienability of compensation awards.

      6. Part VIII

        Amendments of Law Relating to Juries

        1. 118. Abolition of peremptory challenge.

        2. 119. Persons aged between 65 and 70 to be eligible as jurors.

        3. 120. Discretionary deferral of jury service.

        4. 121. Continuation of trials for murder on death or discharge of juror.

        5. 122. Autrefois acquit and autrefois convict.

      7. Part IX

        Young Offenders

        1. 123. Custodial sentences for young offenders.

        2. 124. Detention of young offenders in Scotland.

        3. 125. Abolition of power of courts to commit juvenile to remand centre instead of local authority care.

        4. 126. Amendment of section 53(2) of Children and Young Persons Act 1933.

        5. 127. Payment of fine by parent or guardian.

        6. 128. Supervision.

        7. 129. Signature of orders relating to detention of young offenders.

        8. 130. Computation of sentence--time passed in care of local authority in accommodation provided for restricting liberty.

      8. Part X

        Probation and the Probation Service Etc.

        1. 131. Bail: hostel conditions.

        2. 132. Administration of the probation service etc.

      9. Part XI

        Miscellaneous

        1. Miscarriages of justice

          1. 133. Compensation for miscarriages of justice.

        2. Torture

          1. 134. Torture.

          2. 135. Requirement of Attorney General's consent for prosecutions.

          3. 136. Extradition under 1870 Act.

          4. 137. Extradition under Part I.

          5. 138. Application to Channel Islands, Isle of Man and colonies.

        3. Articles with blades or points and offensive weapons

          1. 139. Offence of having article with blade or point in public place.

          2. 140. Extension of constable's power to stop and search.

          3. 141. Offensive weapons.

          4. 142. Power of justice of the peace to authorise entry and search of premises for offensive weapons.

        4. Serious fraud

          1. 143. Assistance to Isle of Man and Channel Islands.

          2. 144. Transferred charges.

          3. 145. Power to petition for winding-up etc. on information obtained on investigation by Director of Serious Fraud Office.

        5. Evidence before Service courts

          1. 146. Evidence before courts-martial etc.

        6. Amendments of Police and Criminal Evidence Act 1984 etc.

          1. 147. Searches of detained persons.

          2. 148. Computer data about fingerprints.

          3. 149. Body samples--Northern Ireland.

        7. Provisions relating to Customs and Excise

          1. 150. Bail for persons in customs detention.

          2. 151. Customs and Excise power of arrest.

          3. 152. Remands of suspected drug offenders to customs detention.

        8. Bail and custody

          1. 153. Court to give reasons for granting bail to a person accused of serious offence.

          2. 154. Decisions where bail refused on previous hearing.

          3. 155. Remands in custody for more than eight days.

        9. Appeals

          1. 156. Appeals to Crown Court.

          2. 157. Groundless appeals and applications for leave to appeal.

        10. Reports of criminal proceedings

          1. 158. Anonymity in rape etc. cases.

          2. 159. Crown Court proceedings--orders restricting or preventi

        11. Costs and expenses

          1. 166. Costs and expenses of prosecution witnesses and other persons.

        12. Acquisition of easements etc.

          1. 167. Acquisition of easements etc. under Prison Act 1952.

      10. Part XII

        General and Supplementary

        1. 168. Northern Ireland.

        2. 169. Financial provision.

        3. 170. Minor and consequential amendments and repeals.

        4. 171. Commencement.

        5. 172. Extent.

        6. 173. Citation.

        1. Schedule 1

          Amendments of Extradition Act 1870, Backing of Warrants (Republic of Ireland) Act 1965 and Fugitive Offenders Act 1967.

          1. Part I

            Extradition Act 1870.

          2. Part II

            Backing of Warrants (Republic of Ireland) Act 1965.

          3. Part III

            Fugitive Offenders Act 1967.

        2. Schedule 2

          Documentary evidence-- supplementary.

        3. Schedule 3

          Reviews of sentencing-- supplementary.

        4. Schedule 4

          Confiscation orders.

          1. Part I

            Offences in respect of which magistrates' courts may make confiscation orders.

          2. Part II

            Orders varying list of offences.

        5. Schedule 5

          Drug trafficking amendments.

          1. Part I

            Amendments of Drug Trafficking Offences Act 1986.

          2. Part II

            Amendments of Criminal Justice (Scotland) Act 1987.

        6. Schedule 6

          The Criminal Injuries Compensation Board.

        7. Schedule 7

          Compensation.

        8. Schedule 8

          Custodial sentences for young offenders.

          1. Part I

            Amendments.

          2. Part II

            Transitional provisions.

        9. Schedule 9

          Detention of young offenders in Scotland.

          1. Part I

            Amendments.

          2. Part II

            Transitional provisions.

        10. Schedule 10

          Supervision.

          1. Part I

            Sections substituted for section 12 of Children and Young Persons Act 1969.

          2. Part II

            Amendments consequential on substitution of sections set out in Part I for section 12.

          3. Part III

            Amendments of section 15.

          4. Part IV

            Section inserted after section 16.

        11. Schedule 11

          Administration of the probation service etc.

        12. Schedule 12

          Assessors of compensation for miscarriages of justice.

        13. Schedule 13

          Evidence before courts-martial etc.

        14. Schedule 14

          Body samples-- Northern Ireland.

        15. Schedule 15

          Minor and consequential amendments.

        16. Schedule 16

          Repeals.

An Act to make fresh provision for extradition; to amend the rules of evidence in criminal proceedings; to provide for the reference by the Attorney General of certain questions relating to sentencing to the Court of Appeal; to amend the law with regard to the jurisdiction and powers of criminal courts, the collection, enforcement and remission of fines imposed by coroners, juries, supervision orders, the detention of children and young persons, probation and the probation service, criminal appeals, anonymity in cases of rape and similar cases, orders under sections 4 and 11 of the Contempt of Court Act 1981 relating to trials on indictment, orders restricting the access of the public to the whole or any part of a trial on indictment or to any proceedings ancillary to such a trial and orders restricting the publication of any report of the whole or any part of a trial on indictment or any such ancillary proceedings, the alteration of names of petty sessions areas, officers of inner London magistrates' courts and the costs and expenses of prosecution witnesses and certain other persons; to make fresh provision for the payment of compensation by the Criminal Injuries Compensation Board; to make provision for the payment of compensation for a miscarriage of justice which has resulted in a wrongful conviction; to create an offence of torture and an offence of having an article with a blade or point in a public place; to create further offences relating to weapons; to create a summary offence of possession of an indecent photograph of a child; to amend the Police and Criminal Evidence Act 1984 in relation to searches, computer data about fingerprints and bail for persons in customs detention; to make provision in relation to the taking of body samples by the police in Northern Ireland; to amend the Bail Act 1976; to give a justice of the peace power to authorise entry and search of premises for offensive weapons; to provide for the enforcement of the Video Recordings Act 1984 by officers of a weights and measures authority and in Northern Ireland by officers of the Department of Economic Development; to extend to the purchase of easements and other rights over land the power to purchase land conferred on the Secretary of State by section 36 of the Prison Act 1952; and for connected purposes.

[29th July 1988]

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:--



Part I Extradition

Preliminary

1 Scope of Part I

(1) Where extradition procedures under this Part of this Act are available as between the United Kingdom and a foreign state, a person in the United Kingdom who--

(a) is accused in that state of the commission of an extradition crime; or

(b) is alleged to be unlawfully at large after conviction of an extradition crime by a court in that state,

may be arrested and returned to that state in accordance with those procedures.

(2) In this Part of this Act--

  • "extradition procedures" means the procedures set out in sections 3 to 10 and 12 to 17 below; and

  • "extradition arrangements" means arrangements made with a foreign state under which extradition procedures will be available as between the United Kingdom and that state.

(3) Extradition arrangements may be--

(a) arrangements of a general nature made with one or more states and relating to the operation of this Part of this Act (in this Part of this Act referred to as "general extradition arrangements"); or

(b) arrangements relating to the operation of this Part of this Act in particular cases (in this Part of this Act referred to as "special extradition arrangements") made with a state with which there are no general extradition arrangements.

(4) In this Part of this Act "foreign state" means any state other than--

(a) the United Kingdom;

(b) a country mentioned in Schedule 3 to the [1981 c. 61.] British Nationality Act 1981 (countries whose citizens are Commonwealth citizens);

(c) a colony of the United Kingdom; or

(d) the Republic of Ireland,

but a state which is a party to the European Convention on Extradition done at Paris on 13th December 1957 may be treated as a foreign state for the purposes of this Part of this Act.

(5) In this Part of this Act "extradition crime" means--

(a) conduct in the territory of a foreign state which, if it occurred in the United Kingdom, would constitute an offence punishable with imprisonment for a term of 12 months, or any greater punishment, and which, however described in the law of the foreign state, is so punishable under that law; or

(b) any conduct which by virtue of subsection (8)(b) below is treated as conduct in the territory of a foreign state and which satisfies the conditions in paragraph (a) above; or

(c) an extra-territorial offence against the law of a foreign state which is punishable under that law with imprisonment for a term of 12 months, or any greater punishment, and which satisfies--

(i) the condition specified in subsection (6) below; or

(ii) all the conditions specified in subsection (7) below.

(6) The condition mentioned in subsection (5)(c)(i) above is that in corresponding circumstances equivalent conduct would constitute an extra-territorial offence against the law of the United Kingdom punishable with imprisonment for a term of 12 months, or any greater punishment.

(7) The conditions mentioned in subsection (5)(c)(ii) above are--

(a) that the foreign state bases its jurisdiction on the nationality of the offender;

(b) that the conduct constituting the offence occurred outside the United Kingdom; and

(c) that, if it occurred in the United Kingdom, it would constitute an offence under the law of the United Kingdom punishable with imprisonment for a term of 12 months, or any greater punishment.

(8) For the purposes of this Part of this Act--

(a) the law of a foreign state includes the law of any part of that state and the law of the United Kingdom includes the law of any part of the United Kingdom; and

(b) conduct in a colony or dependency of a foreign state, or a vessel, aircraft or hovercraft of a foreign state, shall be treated as if it were conduct in the territory of that state.

(9) The amendments of the [1870 c. 52.] Extradition Act 1870, the [1965 c. 45.] Backing of Warrants (Republic of Ireland) Act 1965 and the [1967 c. 68.] Fugitive Offenders Act 1967 contained respectively in Parts I, II and III of Schedule 1 to this Act (which introduce into those Acts provisions corresponding to certain provisions of this Part of this Act) shall have effect.

2 Orders in Council as to arrangements for extradition

(1) Where general extradition arrangements have been made, Her Majesty may, by Order in Council reciting or embodying their terms, direct that extradition procedures shall be available as between the United Kingdom and the foreign state, or any foreign state, with whom they have been made, subject to the limitations, restrictions, exceptions and qualifications, if any, contained in the Order.

(2) An Order in Council under this section shall not be made unless the general extradition arrangements to which it relates--

(a) provide for their determination after the expiration of a notice given by a party to them and not exceeding one year or for their denunciation by means of such a notice; and

(b) are in conformity with the provisions of this Part of this Act, and in particular with the restrictions on return contained in this Part of this Act.

(3) An Order in Council under this section shall be conclusive evidence that the arrangements therein referred to comply with this Part of this Act and that this Part of this Act applies in the case of the foreign state, or any foreign state, mentioned in the Order.

(4) An Order in Council under this section shall be laid before Parliament after being made.

(5) An Order in Council under this section which does not provide that a person may only be returned to the foreign state requesting his return if the court before which he is brought under section 6 below is satisfied that the evidence would be sufficient to warrant his trial if the extradition crime had taken place within the jurisdiction of the court shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) On the commencement of this Part of this Act the power conferred by section 2 of the [1870 c. 52.] Extradition Act 1870 to direct that that Act shall apply in the case of a foreign state shall cease to be exercisable, but nothing in this Part of this Act affects any Order in Council made under that section or the operation of any enactment in relation to a foreign state in whose case an Order in Council under that section is in force.

3 General restrictions on return

(1) A person shall not be returned to a foreign state under this Part of this Act, or committed to or kept in custody for the purposes of such return, if it appears to an appropriate authority--

(a) that the offence of which that person is accused or was convicted is an offence of a political character;

(b) that it is an offence under military law which is not also an offence under the general criminal law;

(c) that the request for his return (though purporting to be made on account of an extradition crime) is in fact made for the purpose of prosecuting or punishing him on account of his race, religion, nationality or political opinions; or

(d) that he might, if returned, be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality or political opinions.

(2) A person who is alleged to be unlawfully at large after conviction of an extradition crime by a court in a foreign state shall not be returned to that state, or committed to or kept in custody for the purposes of such return, if it appears to an appropriate authority--

(a) that the conviction was obtained in his absence; and

(b) that it would not be in the interests of justice to return him to the foreign state on the ground of that conviction.

(3) A person accused of an offence shall not be returned to a foreign state, or committed to or kept in custody for the purposes of such return, if it appears to an appropriate authority that if charged with that offence in the United Kingdom he would be entitled to be discharged under any rule of law relating to previous acquittal or conviction.

(4) A person shall not be returned to a foreign state, or committed to or kept in custody for the purposes of such return, unless provision is made by the law of that state, or by an arrangement made with that state, for securing that he will not, unless he has first had an opportunity to leave that state, be dealt with in that state for or in respect of any offence committed before his return to it other than--

(a) the offence in respect of which his return is ordered;

(b) an offence, other than an offence excluded by subsection (5) below, which is disclosed by the particulars furnished under section 4(2)(b) below; or

(c) subject to subsection (6) below, any other offence being an extradition crime in respect of which the Secretary of State may consent to his being dealt with.

(5) The offences excluded from paragraph (b) of subsection (4) above are offences in relation to which an order for the return of the person concerned could not lawfully be made in accordance with the provisions of this Part of this Act.

(6) The Secretary of State may not give consent under paragraph (c) of that subsection in respect of an offence in relation to which it appears to him that an order for the return of the person concerned could not lawfully be made, or would not in fact be made, in accordance with the provisions of this Part of this Act.

(7) In this Part of this Act "appropriate authority" means--

(a) the Secretary of State;

(b) the court of committal;

(c) the High Court or High Court of Justiciary on an application for habeas corpus or for review of the order of committal.



Procedure

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4 Extradition request and authority to proceed

(1) Subject to the provisions of this Part of this Act relating to provisional warrants, a person shall not be dealt with under this Part of this Act except in pursuance of an order of the Secretary of State (in this Part of this Act referred to as an "authority to proceed") issued in pursuance of a request (in this Part of this Act referred to as an "extradition request") for the surrender of a person under this Part of this Act made by some person recognised by the Secretary of State as a diplomatic representative of a foreign state.

(2) There shall be furnished with any such request--

(a) particulars of the person whose return is requested;

(b) particulars of the offence of which he is accused or was convicted (including information sufficient to justify the issue of a warrant for his arrest under this Part of this Act);

(c) in the case of a person accused of an offence, a warrant for his arrest issued in the foreign state; and

(d) in the case of a person unlawfully at large after conviction of an offence, a certificate of the conviction and sentence,

and copies of them shall be served on the person whose return is requested before he is brought before a court under section 6 below.

(3) Rules under section 144 of the [1980 c. 43.] Magistrates' Courts Act 1980 may make provision as to the procedure for service under subsection (2) above in England and Wales.

(4) The High Court of Justiciary may, by Act of Adjournal, make rules as to the procedure for service under subsection (2) above in Scotland.

(5) On receipt of any such request the Secretary of State may issue an authority to proceed unless it appears to him that an order for the return of the person concerned could not lawfully be made, or would not in fact be made, in accordance with the provisions of this Part of this Act.

(6) An authority to proceed shall specify the offence or offences under the law of the United Kingdom which it appears to the Secretary of State would be constituted by equivalent conduct in the United Kingdom.

(7) In this Part of this Act "warrant", in the case of any foreign state, includes any judicial document authorising the arrest of a person accused or convicted of a crime.

5 Arrest for purposes of committal

(1) For the purposes of this Part of this Act a warrant for the arrest of a person accused in a foreign state of an extradition crime, or alleged to be unlawfully at large after conviction in a foreign state of an extradition crime, may be issued--

(a) on the receipt of an authority to proceed, by--

(i) the chief metropolitan stipendiary magistrate or metropolitan stipendiary magistrate designated for the purposes of this Part of this Act by the Lord Chancellor; or

(ii) the sheriff of Lothian and Borders;

(b) without such an authority--

(i) by a metropolitan stipendiary magistrate;

(ii) by a justice of the peace in any part of the United Kingdom; and

(iii) in Scotland, by a sheriff,

upon information that the said person is or is believed to be in or on his way to the United Kingdom;

and any warrant issued by virtue of paragraph (b) above is in this Part of this Act referred to as a "provisional warrant".

(2) A person empowered to issue warrants of arrest under this section may issue such a warrant if he is supplied with such information as would in his opinion authorise the issue of a warrant for the arrest of a person accused of conduct which would constitute an offence punishable under the law of the United Kingdom with imprisonment for a period of not less than 12 months or, as the case may be, of a person alleged to be unlawfully at large after conviction of such an offence within his jurisdiction.

(3) Where a provisional warrant is issued under this section, the authority by whom it is issued shall forthwith give notice to the Secretary of State, and transmit to him the information, or certified copies of the information, upon which it was issued; and the Secretary of State may in any case, and shall, if he decides not to issue an authority to proceed in respect of the person to whom the warrant relates, by order cancel the warrant and, if that person has been arrested under it, discharge him from custody.

(4) A warrant of arrest issued under this section may, without being backed, be executed in any part of the United Kingdom and may be so executed by any person to whom it is directed or by any constable.

6 Proceedings for committal

(1) A person arrested in pursuance of a warrant under section 5 above shall (unless previously discharged under subsection (3) of that section) be brought as soon as practicable before a court (in this Part of this Act referred to as "the court of committal") consisting of the chief metropolitan stipendiary magistrate or a metropolitan stipendiary magistrate designated as mentioned in section 5(1)(a) above or the sheriff of Lothian and Borders, as may be directed by the warrant.

(2) For the purposes of proceedings under this section the court of committal shall have the like jurisdiction and powers, as nearly as may be, including power to remand in custody or on bail, as a magistrates' court acting as examining justices.

(3) For the purposes of proceedings under this section a court of committal in Scotland shall have the like powers, including power to adjourn the case and meanwhile to remand the person arrested under the warrant either in custody or on bail, and the proceedings shall be conducted as nearly as may be in the like manner, as if the proceedings were summary proceedings in respect of an offence alleged to have been committed by that person; and the provisions of the [1986 c. 47.] Legal Aid (Scotland) Act 1986 relating to such proceedings or any appellate proceedings following thereon shall apply accordingly to that person.

(4) Where an Order in Council such as is mentioned in subsection (8) below is in force in relation to the foreign state, there is no need to furnish the court of committal with evidence sufficient to warrant the trial of the arrested person if the extradition crime had taken place within the jurisdiction of the court.

(5) Where the person arrested is in custody by virtue of a provisional warrant and no authority to proceed has been received in respect of him, the court of committal may fix a period (of which the court shall give notice to the Secretary of State) after which he will be discharged from custody unless such an authority has been received.

(6) In exercising the power conferred by subsection (5) above in a case when the extradition request is made under general extradition arrangements the court shall have regard to any period specified for the purpose in the Order in Council relating to the arrangements.

(7) Where--

(a) the extradition request is made under general extradition arrangements but no period is so specified; or

(b) the application is made under special extradition arrangements,

the court of committal may fix a reasonable period.

(8) Where an authority to proceed has been issued in respect of the person arrested and the court of committal is satisfied, after hearing any representations made in support of the extradition request or on behalf of that person, that the offence or any of the offences to which the authority relates is an extradition crime, and is further satisfied--

(a) where that person is accused of the offence, unless an Order in Council giving effect to general extradition arrangements otherwise provides, that the evidence would be sufficient to warrant his trial if the extradition crime had taken place within the jurisdiction of the court;

(b) where that person is alleged to be unlawfully at large after conviction of the offence, that he has been so convicted and appears to be so at large,

the court, unless his committal is prohibited by any other provision of this Part of this Act, shall commit him--

(i) to await the Secretary of State's decision as to his return to the foreign state that made the extradition request; and

(ii) if the Secretary of State decides that he shall be returned to that state, to await his return.

(9) If the court commits a person under subsection (8) above, it shall issue a certificate of the offence against the law of the United Kingdom which would be constituted by his conduct.

(10) A person may be committed in the exercise of the power conferred by subsection (8) above either to custody or on bail.

(11) If the court commits a person to custody in the exercise of that power, it may subsequently grant him bail if it considers it appropriate to do so.

(12) If--

(a) the court is not satisfied as mentioned in subsection (8) above in relation to the person arrested; or

(b) his committal is prohibited by a provision of this Part of this Act,

it shall discharge him.

7 Statement of case by court

(1) If the court of committal refuses to make an order of committal in relation to a person under section 6 above in respect of the offence or, as the case may be, any of the offences, to which the authority to proceed relates, the state seeking the surrender of that person to it may question the proceeding on the ground that it is wrong in law by applying to the court to state a case for the opinion of the High Court or, in Scotland, the High Court of Justiciary on the question of law involved.

(2) If the state seeking his surrender immediately informs the court of committal that it intends to make such an application, the court shall make an order providing for his detention, or directing that he shall not be released except on bail.

(3) Rules of Court may specify--

(a) a period within which a state must make such an application unless the Court grants a longer period; and

(b) a period within which the court of committal must comply with such an application.

(4) Where the court of committal fails to comply with an application under subsection (1) above within the period specified in Rules of Court, the High Court or, in Scotland, the High Court of Justiciary may, on the application of the state that applied for the case to be stated, make an order requiring the court to state a case.

(5) The High Court or High Court of Justiciary shall have power--

(a) to remit the case to the court of committal to decide it according to the opinion of the High Court or High Court of Justiciary on the question of law; or

(b) to dismiss the appeal.

(6) Where the court dismisses an appeal relating to an offence, it shall by order declare that that offence is not an offence in respect of which the Secretary of State has power to make an order under section 9 below in respect of the person whose return was requested.

(7) An order made by a metropolitan magistrate under subsection (2) above shall cease to have effect if--

(a) the court dismisses the appeal in respect of the offence or all the offences to which it relates; and

(b) the state seeking surrender does not immediately--

(i) apply for leave to appeal to the House of Lords; or

(ii) inform the court that it intends to apply for leave.

(8) An order made by the sheriff of Lothian and Borders under subsection (2) above shall cease to have effect if the court dismisses the appeal in respect of the offence or all the offences to which it relates.

(9) In relation to a decision of a court on an appeal under this section, section 1 of the [1960 c. 65.] Administration of Justice Act 1960 (right of appeal to House of Lords) shall have effect as if so much of subsection (2) as restricts the grant of leave to appeal were omitted.

(10) The House of Lords may exercise any powers of the High Court under subsection (5) above and subsection (6) above shall apply to them as it applies to that Court.

(11) Subject to subsections (7) and (8) above, an order under subsection (2) above shall have effect so long as the case is pending.

(12) For the purposes of this section a case is pending (unless proceedings are discontinued) until (disregarding any power of a court to grant leave to take any step out of time) there is no step that the foreign state can take.

(13) In the application to Scotland of this section, subsections (9) and (10) shall be omitted and, in relation to an appeal under this section in Scotland, the court may make an order providing for the detention of the person to whom it relates or it may grant bail; and section 446(2) of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 shall apply for the purpose of such an appeal as it applies for the purpose of an appeal such as is mentioned in section 444 of that Act.

8 Application for habeas corpus etc

(1) Where a person is committed under section 6 above, the court shall inform him in ordinary language of his right to make an application for habeas corpus, and shall forthwith give notice of the committal to the Secretary of State.

(2) A person committed under section 6 above shall not be returned under this Part of this Act--

(a) in any case, until the expiration of the period of 15 days beginning with the day on which the order for his committal is made;

(b) if an application for habeas corpus is made in his case, so long as proceedings on that application are pending.

(3) Without prejudice to any jurisdiction of the High Court apart from this section, the court shall order the applicant's discharge if it appears to the Court, in relation to the offence, or each of the offences, in respect of which the applicant's return is sought, that--

(a) by reason of the trivial nature of the offence of which he is accused or was convicted; or

(b) by reason of the passage of time since he is alleged to have committed it or to have become unlawfully at large, as the case may be; or

(c) because the accusation against him is not made in good faith in the interests of justice,

it would, having regard to all the circumstances, be unjust or oppressive to return him.

(4) On any such application the court may receive additional evidence relevant to the exercise of their jurisdiction under section 3 above or subsection (3) above.

(5) Proceedings on an application for habeas corpus shall be treated for the purposes of this section as pending (unless they are discontinued) until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal.

(6) In the application of this section to Scotland--

(a) references to an application for habeas corpus shall be construed as references to an application for review of the order of committal; and

(b) the reference to the High Court shall be construed as a reference to the High Court of Justiciary.

9 Order for return to requesting state

(1) Where a person is committed under section 6 above and is not discharged by order of the High Court or the High Court of Justiciary, the Secretary of State may by warrant order him to be returned to the state by which the extradition request was made unless his return is prohibited, or prohibited for the time being, by this Part of this Act, or the Secretary of State decides under this section to make no such order in his case.

(2) The Secretary of State shall give the person to whom an order under subsection (1) above would relate notice in writing that he is contemplating making such an order.

(3) The person to whom such an order would relate shall have a right to make representations, at any time before the expiration of the period of 15 days commencing with the date on which the notice is given, as to why he should not be returned to the foreign state, and unless he waives that right, no such order shall be made in relation to him before the end of that period.

(4) A notice under subsection (2) above shall explain in ordinary language the right conferred by subsection (3) above.

(5) It shall be the duty of the Secretary of State to consider any representations made in the exercise of that right.

(6) Unless the person to whom it relates waives the right conferred on him by subsection (7) below, he shall not be returned to the foreign state until the expiration of the period of 7 days commencing with the date on which the warrant is issued or such longer period as--

(a) in England and Wales, rules of court under section 84 of the [1981 c. 54.] Supreme Court Act 1981, or

(b) in Scotland, the High Court of Justiciary by Act of Adjournal

may provide.

(7) At any time within that period he may apply for leave to seek judicial review of the Secretary of State's decision to make the order.

(8) If he applies for judicial review, he may not be returned so long as the proceedings for judicial review are pending.

(9) Proceedings for judicial review shall be treated for the purposes of this section as pending (unless they are discontinued) until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal.

(10) A warrant under this section--

(a) shall state in ordinary language that the Secretary of State has considered any representations made in the exercise of the right conferred by subsection (3) above; and

(b) shall explain in ordinary language the rights conferred by this section on a person whose return to a foreign state has been ordered under this section,

and a copy shall be given to the person to whom it relates as soon as the order for his return is made.

(11) Without prejudice to his general discretion as to the making of an order for the return of a person to a foreign state under this Part of this Act--

(a) the Secretary of State shall not make an order in the case of any person if it appears to the Secretary of State that--

(i) by reason of the trivial nature of the offence of which he is accused or was convicted; or

(ii) by reason of the passage of time since he is alleged to have committed it or to have become unlawfully at large, as the case may be; or

(iii) because the accusation against him is not made in good faith in the interests of justice,

it would, having regard to all the circumstances, be unjust or oppressive to return him; and

(b) the Secretary of State may decide not to make an order for the return of a person accused or convicted of an extradition crime constituted by conduct not punishable with death in Great Britain if that person could be or has been sentenced to death for that offence in the state by which the request for his return is made.

(12) An order for the return of a person to a foreign state under this Part of this Act shall not be made in the case of a person who is serving a sentence of imprisonment or detention, or is charged with an offence, in the United Kingdom--

(a) in the case of a person serving such a sentence, until the sentence has been served;

(b) in the case of a person charged with an offence, until the charge is disposed of or withdrawn or unless an order is made for it to lie on the file and, if it results in his serving a term of imprisonment or detention, until the sentence has been served.

(13) In the application of this section to Scotland, the reference in subsection (12) above to an order being made for the charge to lie on the file shall be construed as a reference to the diet being deserted pro loco et tempore.

(14) The Secretary of State may decide to make no order under this section for the return of a person committed in consequence of an extradition request if another extradition request has been made in respect of him and it appears to the Secretary of State, having regard to all the circumstances of the case and in particular--

(a) the relative seriousness of the offences in question;

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15

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