Section 164: Definition of “extradition offence”
483.Subsection (1) substitutes new sections 64 and 65 of the 2003 Act for the existing ones. Section 64 defines “extradition offence” for Part 1 cases where the person has not been sentenced. Section 65 defines “extradition offence” for Part 1 cases where the person has been sentenced. Subsection (2) inserts new subsection (1A) in section 66 of the 2003 Act (which supplements sections 64 and 65). Subsection (3) substitutes new subsections (1) to (5) in section 137 of the 2003 Act for the existing ones. Section 137 defines “extradition offence” for Part 2 cases where the person has not been sentenced. Subsection (4) inserts new subsection (7A) into that section. Subsection (5) substitutes new subsections (1) to (5) in section 138 of the 2003 Act for the existing ones. Section 138 defines “extradition offence” for Part 2 cases where the person has been sentenced. Subsection (6) inserts new subsection (7A) into that section.
484.These amendments to the 2003 Act will, first, simplify the existing definitions of “extradition offence”, which are long and complex.
485.Second, they will make clear that in all cases where part of the conduct took place in the UK, that conduct must be criminalised in the UK for extradition to be possible. “Dual criminality” is already a requirement in all cases except those where the conduct falls within the European Framework List (that is, the list of conduct set out in Schedule 2 to the 2003 Act). The changes simply clarify that even in European Framework List cases, where part of the conduct took place in the UK, dual criminality is required.
486.Third, they will set out that, in Part 1 cases, where the conduct takes place outside the issuing State, there is no requirement that in corresponding circumstances equivalent conduct would be punishable, under UK law, with imprisonment or another form of detention for a term of 12 months or a greater punishment. The substituted sections 64(4) and 65(4) deal with these cases. At present, these subsections require that the conduct be punishable under UK law with imprisonment or another form of detention for a term of 12 months or a greater punishment. But that requirement does not appear in the EAW Framework Decision. It will remain the case, however, that the conduct must constitute an extra-territorial offence under UK law.
