I101SCHEDULES
F7SCHEDULE A1Specified category 2 territories
Australia
F8Austria
F8Belgium
F8Bulgaria
Canada
F8Croatia
F8Cyprus
F8Czech Republic
F8Denmark
F8Estonia
F8Finland
F8France
F8Germany
F8Greece
F8Hungary
F8Iceland
F8Ireland
F8Italy
F8Latvia
Liechtenstein
F8Lithuania
F8Luxembourg
F8Malta
F8The Netherlands
New Zealand
F8Norway
F8Poland
F8Portugal
F8Romania
F8Slovakia
F8Slovenia
F8Spain
F8Sweden
Switzerland
The United States of America.
I39SCHEDULE 1Re-extradition: modifications
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))
I8Part 1Category 1 territories
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))
I11
In section 11(1), omit paragraphs (c), (g) and (h).
I22
Omit sections 14, 18 and 19.
I33
In section 21(3) F5and section 21A(5), for “must” substitute “
may
”
.
I44
In section 31(2), for paragraphs (a) and (b) substitute “
would (apart from section 187(1)) be released from detention pursuant to the UK sentence (whether or not on licence)
”
.
I55
In section 39(2)(a), for “a certificate is issued under section 2 in respect of the warrant” substitute “
the person would (apart from section 187(1)) be released from detention pursuant to the UK sentence (whether or not on licence)
”
.
I66
In section 44(2)(a), for “following his arrest under this Part” substitute “
under section 187(1)
”
.
I77
In section 45(1), for the words from “arrested” to “issued” substitute “
brought before the appropriate judge under section 187(1) may consent to his extradition to the territory in which the overseas sentence was imposed
”
.
I38Part 2Category 2 territories
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))
I98
In section 78, omit subsections (2), (3), (5) and (8).
I109
In section 78, for subsection (4) substitute—
4
The judge must decide whether the offence specified in the request is an extradition offence.
I1110
In section 78(6), for “any of the questions” substitute “
the question
”
.
I1211
In section 78(7), for “those questions” substitute “
that question
”
.
I1312
In section 79(1), omit paragraph (c).
I1413
Omit section 82.
I1514
In section 87(3), for the words from “must send the case” to “extradited” substitute “
may order the person to be extradited to the category 2 territory
”
.
I1615
I1716
In section 103(1)—
a
for the words from “sends a case” to “extradited” substitute “
orders a person’s extradition under this Part
”
; and
b
for “the relevant decision” substitute “
the order
”
.
I1817
In section 103(2), for the words from “the person” to “the Secretary of State” substitute “
the order is made under section 128
”
.
I1918
In section 103, omit subsections (3), (5), (6), (7) and (8).
I2019
In section 103(9), for the words from “the Secretary of State” to “person” substitute “
the order is made
”
.
I2120
In section 104, omit subsections (1)(b), (6) and (7).
I2221
In section 106, omit subsections (1)(b), (7) and (8).
I2322
In section 117(1)(a), for “the Secretary of State” substitute “
the appropriate judge
”
.
I2423
In section 117(1)(b), for the words from “permitted period” to “extradition” substitute “
period permitted under that section
”
.
I2524
In section 117, after subsection (1) insert—
1A
But this section does not apply if the order is made under section 128.
I2625
In section 117(2), for “the Secretary of State” substitute “
the judge
”
.
I2726
In section 119(1)(a), for “the Secretary of State” substitute “
the appropriate judge
”
.
I2827
In section 119, in subsections (2) to (6) and in each place in subsection (7), for “the Secretary of State” substitute “
the judge
”
.
I2928
In section 120, after subsection (1) insert—
1A
But this section does not apply if the order for the person’s extradition is made under section 128.
I3029
In section 121(2)(a), for “a certificate is issued under section 70 in respect of the request” substitute “
the person would (apart from section 187(1)) be released from detention pursuant to the UK sentence (whether or not on licence)
”
.
I3130
In section 127(1), for the words from “arrested” to “requested” substitute “
brought before the appropriate judge under section 187(1) may consent to his extradition to the territory in which the overseas sentence was imposed
”
.
I3231
In section 127(3), before paragraph (a) insert—
aa
must be given before the appropriate judge;
I3332
In section 127, omit subsections (4) and (5).
I3433
I3534
In section 128(4), for the words from “send the case” to “extradited” substitute “
within the period of 10 days starting with the day on which consent is given order the person’s extradition to the category 2 territory
”
.
I3635
In section 128, after subsection (5) insert—
6
Subsection (4) has effect subject to section 128B.
7
If subsection (4) is not complied with and the person applies to the judge to be discharged the judge must order his discharge.
I3736
After section 128 insert—
128AExtradition to category 2 territory following consent
1
This section applies if the appropriate judge makes an order under section 128(4) for a person’s extradition to a category 2 territory.
2
The person must be extradited to the category 2 territory before the end of the required period, which is 28 days starting with the day on which the order is made.
3
If subsection (2) is not complied with and the person applies to the judge to be discharged the judge must order his discharge, unless reasonable cause is shown for the delay.
128BExtradition claim following consent
1
This section applies if—
a
a person consents under section 127 to his extradition to a category 2 territory, and
b
before the judge orders his extradition under section 128(4), the judge is informed that the conditions in subsection (2) or (3) are met.
2
The conditions are that—
a
the Secretary of State has received another valid request for the person’s extradition to a category 2 territory;
b
the other request has not been disposed of.
3
The conditions are that—
a
a certificate has been issued under section 2 in respect of a Part 1 warrant issued in respect of the person;
b
the warrant has not been disposed of.
4
The judge must not make an order under section 128(4) until he is informed what order has been made under section 126(2) or 179(2).
5
If the order under section 126(2) or 179(2) is for further proceedings on the request under consideration to be deferred until the other request, or the warrant, has been disposed of, the judge must remand the person in custody or on bail.
6
7
If—
a
the order under section 126(2) or 179(2) is for further proceedings on the request under consideration to be deferred until the other request, or the warrant, has been disposed of, and
b
an order is made under section 180 for proceedings on the request under consideration to be resumed,
the period specified in section 128(4) must be taken to be 10 days starting with the day on which the order under section 180 is made.
8
If the order under section 126(2) or 179(2) is for further proceedings on the other request, or the warrant, to be deferred until the request under consideration has been disposed of, the period specified in section 128(4) must be taken to be 10 days starting with the day on which the judge is informed of the order.
128CExtradition following deferral for competing claim
1
This section applies if—
a
an order is made under section 128(4) for a person to be extradited to a category 2 territory in pursuance of a request for his extradition;
b
before the person is extradited to the territory an order is made under section 126(2) or 179(2) for the person’s extradition in pursuance of the request to be deferred;
c
the appropriate judge makes an order under section 181(2) for the person’s extradition in pursuance of the request to cease to be deferred.
2
The required period for the purposes of section 128A(2) is 28 days starting with the day on which the order under section 181(2) is made.
I72SCHEDULE 2F6Trade and Cooperation Agreement list
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 Sch. 2 heading substituted (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), ss. 12(6)(a), 40(7) (with Sch. 6 para. 10); S.I. 2020/1662, reg. 2(k)
I401
Participation in a criminal organisation.
I412
Terrorism.
I423
Trafficking in human beings.
I434
Sexual exploitation of children and child pornography.
I445
Illicit trafficking in narcotic drugs and psychotropic substances.
I456
Illicit trafficking in weapons, munitions and explosives.
I467
Corruption F9, including bribery.
I478
I489
Laundering of the proceeds of crime.
I4910
Counterfeiting currency, including of the euro.
I5011
Computer-related crime.
I5112
Environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties.
I5213
Facilitation of unauthorised entry and residence.
I5314
Murder, grievous bodily injury.
I5415
Illicit trade in human organs and tissue.
I5516
Kidnapping, illegal restraint and hostage-taking.
I5617
Racism and xenophobia.
I5718
Organised or armed robbery.
I5819
Illicit trafficking in cultural goods, including antiques and works of art.
I5920
Swindling.
I6021
Racketeering and extortion.
I6122
Counterfeiting and piracy of products.
I6223
Forgery of administrative documents and trafficking therein.
I6324
Forgery of means of payment.
I6425
Illicit trafficking in hormonal substances and other growth promoters.
I6526
Illicit trafficking in nuclear or radioactive materials.
I6627
Trafficking in stolen vehicles.
I6728
Rape.
I6829
Arson.
I6930
Crimes within the jurisdiction of the International Criminal Court.
I7031
Unlawful seizure of F10aircraft/ships/spacecraft.
I7132
Sabotage.
I99SCHEDULE 3Amendments
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))
I74Introduction
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))
I731
The amendments specified in this Schedule shall have effect.
I76Parliamentary Commissioner Act 1967 (c. 13)
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))
I752
In Schedule 3 to the Parliamentary Commissioner Act 1967 (c. 13) (matters not subject to investigation) for paragraph 4 substitute—
4
Action taken by the Secretary of State under the Extradition Act 2003.
I78Criminal Justice Act 1967 (c. 80)
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))
I773
Section 34 of the Criminal Justice Act 1967 (c. 80) (committal of persons under twenty-one accused of extradition crimes) shall cease to have effect.
I81Suppression of Terrorism Act 1978 (c. 26)
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))
I794
Sections 1 (offences not to be regarded as of a political character) and 2 (restrictions on return of criminal under Extradition Act 1870 or to Republic of Ireland) of the Suppression of Terrorism Act 1978 (c. 26) shall cease to have effect.
I805
For section 5 of the Suppression of Terrorism Act 1978 substitute—
5Power to apply section 4 to non-convention countries
1
The Secretary of State may by order direct that section 4 above shall apply in relation to a country falling within subsection (2) below as it applies in relation to a convention country, subject to the exceptions (if any) specified in the order.
2
A country falls within this subsection if—
a
it is not a convention country; and
b
it is a category 1 territory or a category 2 territory within the meaning of the Extradition Act 2003.
I83Criminal Justice (International Co-operation) Act 1990 (c. 5)
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))
I826
Section 22(1) of the Criminal Justice (International Co-operation) Act 1990 (c. 5) (offences to which an Order in Council under the Extradition Act 1870 can apply) shall cease to have effect.
I85Computer Misuse Act 1990 (c. 18)
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))
I847
Section 15 of the Computer Misuse Act 1990 (c. 18) (extradition where Schedule 1 to the Extradition Act 1989 applies) shall cease to have effect.
I87Aviation and Maritime Security Act 1990 (c. 31)
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))
I868
Section 49 of the Aviation and Maritime Security Act 1990 (c. 31) (extradition by virtue of Orders in Council under Extradition Act 1870) shall cease to have effect.
I89Criminal Justice Act 1991 (c. 53)
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))
I889
In section 47 of the Criminal Justice Act 1991 (c. 53) (persons extradited to the United Kingdom) subsection (4) shall cease to have effect.
I91United Nations Personnel Act 1997 (c. 13)
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))
I9010
Section 6(1) of the United Nations Personnel Act 1997 (c. 13) (offences to which an Order in Council under section 2 of the Extradition Act 1870 can apply) shall cease to have effect.
I93Terrorism Act 2000 (c. 11)
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))
I9211
Section 64(5) of the Terrorism Act 2000 (c. 11) (offences to which an Order in Council under section 2 of the Extradition Act 1870 can apply) shall cease to have effect.
I96International Criminal Court Act 2001 (c. 17)
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))
I9412
Section 71 of the International Criminal Court Act 2001 (c. 17) (extradition: Orders in Council under the Extradition Act 1870) shall cease to have effect.
I9513
1
Part 2 of Schedule 2 to the International Criminal Court Act 2001 (delivery up to International Criminal Court of persons subject to extradition proceedings) is amended as follows.
2
For paragraph 7 (meaning of “extradition proceedings”) substitute—
7
In this Part of this Schedule “extradition proceedings” means proceedings before a court or judge in the United Kingdom under the Extradition Act 2003.
3
In paragraph 8 (extradition proceedings in England and Wales or Northern Ireland) after sub-paragraph (5) add—
6
References in this paragraph to a court include references to a judge.
4
In paragraph 9 (extradition proceedings in Scotland) after sub-paragraph (3) add—
4
References in this paragraph to a court include references to a judge.
5
In paragraph 10 (power to suspend or revoke warrant or order) for sub-paragraph (1) substitute—
1
Where a court makes a delivery order in respect of a person whose extradition has been ordered under the Extradition Act 2003, it may make any such order as is necessary to enable the delivery order to be executed.
6
In paragraph 10(2) omit the words “by a court or judicial officer”.
I98Enterprise Act 2002 (c. 40)
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))
I9714
Section 191 of the Enterprise Act 2002 (c. 40) (offences to which an Order in Council under the Extradition Act 1870 can apply) shall cease to have effect.
I100SCHEDULE 4Repeals
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))
Short title and chapter | Extent of repeal |
|---|---|
Backing of Warrants (Republic of Ireland) Act 1965 (c. 45) | The whole Act. |
Criminal Justice Act 1967 (c. 80) | Section 34. |
Criminal Jurisdiction Act 1975 (c. 59) | In Schedule 3, paragraph 1. |
Bail Act 1976 (c. 63) | In section 2(2) the definition of “proceedings against a fugitive offender”. In section 4(2) the words “or proceedings against a fugitive offender for the offence”. In section 7(4) the words from “In reckoning” to “Sunday”. In Schedule 2, paragraph 33. |
Criminal Law Act 1977 (c. 45) | In Schedule 12, in the entry for the Bail Act 1976, paragraph 4. |
Suppression of Terrorism Act 1978 (c. 26) | Sections 1 and 2. In section 8—
|
Extradition Act 1989 (c. 33) | The whole Act. |
Criminal Justice (International Co-operation) Act 1990 (c. 5) | Section 22. |
Computer Misuse Act 1990 (c. 18) | Section 15. |
Aviation and Maritime Security Act 1990 (c. 31) | Section 49. |
Criminal Justice Act 1991 (c. 53) | Section 47(4). |
Bail (Amendment) Act 1993 (c. 26) | In section 1—
|
Criminal Justice Act 1993 (c. 36) | Section 72. Section 79(7). |
Criminal Justice and Public Order Act 1994 (c. 33) | Sections 158 and 159. |
United Nations Personnel Act 1997 (c. 13) | Section 6. |
Justices of the Peace Act 1997 (c. 25) | In Schedule 5, paragraph 9. |
Access to Justice Act 1999 (c. 22) | In Schedule 11, paragraphs 18 and 31 to 36. |
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) | In Schedule 9, paragraph 124. |
Terrorism Act 2000 (c. 11) | Section 64. |
International Criminal Court Act 2001 (c. 17) | Sections 71 to 73. In paragraph 10(2) of Schedule 2, the words “by a court or judicial officer”. |
Proceeds of Crime Act 2002 (c. 29) | In Schedule 11, paragraph 18. |
Enterprise Act 2002 (c. 40) | Section 191. |
Sch. A1 inserted (31.12.2020) by Extradition (Provisional Arrest) Act 2020 (c. 18), s. 2(4), Sch. para. 3; S.I. 2020/1652, reg. 2(1)(b)