Extradition Act 2003
Extradition Act 2003 (2003 c. 41)
- Extradition Act 2003 (2003 c. 41)
- Part 1 Extradition to category 1 territories
- Introduction
- 1 Extradition to category 1 territories
- 2 Part 1 warrant and certificate
- Arrest
- 3 Arrest under certified Part 1 warrant
- 4 Person arrested under Part 1 warrant
- 5 Provisional arrest
- 6 Person arrested under section 5
- The initial hearing
- 7 Identity of person arrested
- 8 Remand etc.
- 8A Person charged with offence in United Kingdom before extradition hearing
- 8B Person serving sentence in United Kingdom before extradition hearing
- The extradition hearing
- 9 Judge’s powers at extradition hearing
- 10 Initial stage of extradition hearing
- 11 Bars to extradition
- 12 Rule against double jeopardy
- 12A Absence of prosecution decision
- 13 Extraneous considerations
- 14 Passage of time
- 15 Age
- 16 Hostage-taking considerations
- 17 Speciality
- 18 Earlier extradition to United Kingdom from category 1 territory
- 19 Earlier extradition to United Kingdom from non-category 1 territory
- 19A Earlier transfer to United Kingdom by International Criminal Court
- 19B Forum
- 19C Effect of prosecutor's certificates on forum proceedings
- 19D Prosecutor's certificates
- 19E Questioning of prosecutor's certificate
- 19F Interpretation of sections 19B to 19E
- 20 Case where person has been convicted
- 21 Person unlawfully at large: human rights
- 21A Person not convicted: human rights and proportionality
- 21B Request for temporary transfer etc
- Matters arising before end of extradition hearing
- 22 Person charged with offence in United Kingdom
- 23 Person serving sentence in United Kingdom
- 24 Extradition request
- 25 Physical or mental condition
- Appeals
- 26 Appeal against extradition order
- 27 Court’s powers on appeal under section 26
- 28 Appeal against discharge at extradition hearing
- 29 Court’s powers on appeal under section 28
- 30 Detention pending conclusion of appeal under section 28
- 30A Detention pending conclusion of appeal under section 28: Scotland
- 31 Appeal to High Court: time limit for start of hearing
- 32 Appeal to Supreme Court
- 33 Powers of Supreme Court on appeal under section 32
- 33ZA Scottish devolution issue: remand in custody or on bail
- 33A Detention pending conclusion of certain appeals under section 32
- 33B Detention pending conclusion of appeals relating to devolution issues
- 34 Appeals: general
- Time for extradition
- 35 Extradition where no appeal
- 36 Extradition following appeal
- 36A Extradition following appeal: Scotland
- 36B Judge informed after extradition hearing that person is charged with offence in United Kingdom
- 36C Judge informed after extradition hearing that person is serving sentence in United Kingdom
- 37 Undertaking in relation to person serving sentence in United Kingdom
- 38 Extradition following deferral for competing claim
- 39 Asylum claim
- 40 Certificate in respect of asylum claimant
- Withdrawal of Part 1 warrant
- 41 Withdrawal of warrant before extradition
- 42 Withdrawal of warrant whileapplication or appeal to High Court pending
- 43 Withdrawal of warrant while appeal to Supreme Court pending
- Competing Part 1 warrants
- 44 Competing Part 1 warrants
- Consent to extradition
- 45 Consent to extradition
- 46 Extradition order following consent
- 47 Extradition to category 1 territory following consent
- 48 Other warrant issued following consent
- 49 Other warrant issued: extradition to category 1 territory
- 50 Other warrant issued: proceedings deferred
- 51 Extradition request following consent
- 52 Undertaking in relation to person serving sentence
- 53 Extradition following deferral for competing claim
- Post-extradition matters
- 54 Request for consent to other offence being dealt with
- 55 Questions for decision at consent hearing
- 56 Request for consent to further extradition to category 1 territory
- 57 Questions for decision at consent hearing
- 58 Consent to further extradition to category 2 territory
- 59 Return of person to serve remainder of sentence
- Costs
- 60 Costs where extradition ordered
- 61 Costs where discharge ordered
- 62 Costs where discharge ordered: supplementary
- 62A Appropriate amount: England and Wales
- 62B Legal costs: England and Wales
- Repatriation cases
- 63 Persons serving sentences outside territory where convicted
- Interpretation
- 64 Extradition offences: person not sentenced for offence
- 65 Extradition offences: person sentenced for offence
- 66 Extradition offences: supplementary
- 67 The appropriate judge
- 68 The extradition hearing
- 68A Unlawfully at large
- Part 2 Extradition to category 2 territories
- Introduction
- 69 Extradition to category 2 territories
- 70 Extradition request and certificate
- Arrest
- 71 Arrest warrant following extradition request
- 72 Person arrested under section 71
- 73 Provisional warrant
- 74 Person arrested under provisional warrant
- Provisional arrest without warrant
- 74A Provisional arrest where certificate issued under section 74B
- 74B Certificates enabling provisional arrest under section 74A
- 74C Section 74B supplementary: valid requests for arrest
- 74D Person provisionally arrested under section 74A
- 74E Person provisionally arrested under section 74A: next steps
- The extradition hearing
- 75 Date of extradition hearing: arrest under section 71
- 76 Date of extradition hearing: arrest under provisional warrant or under section 74A
- 76A Person charged with offence in United Kingdom before extradition hearing
- 76B Person serving sentence in United Kingdom before extradition hearing
- 77 Judge’s powers at extradition hearing
- 78 Initial stages of extradition hearing
- 79 Bars to extradition
- 80 Rule against double jeopardy
- 81 Extraneous considerations
- 82 Passage of time
- 83 Hostage-taking considerations
- 83A Forum
- 83B Effect of prosecutor's certificates on forum proceedings
- 83C Prosecutor's certificates
- 83D Questioning of prosecutor's certificate
- 83E Interpretation of sections 83A to 83D
- 84 Case where person has not been convicted
- 85 Case where person has been convicted
- 86 Conviction in person’s absence
- 87 Human rights
- 88 Person charged with offence in United Kingdom
- 89 Person serving sentence in United Kingdom
- 90 Competing extradition claim
- 91 Physical or mental condition
- 92 Case sent to Secretary of State
- Secretary of State’s functions
- 93 Secretary of State’s consideration of case
- 94 Death penalty
- 95 Speciality
- 96 Earlier extradition to United Kingdom from other territory
- 96A Earlier transfer to United Kingdom by International Criminal Court
- 97 Deferral: person charged with offence in United Kingdom
- 98 Deferral: person serving sentence in United Kingdom
- 99 Time limit for order for extradition or discharge
- 100 Information
- 101 Making of order for extradition or discharge
- 102 The appropriate day
- Appeals
- 103 Appeal where case sent to Secretary of State
- 104 Court’s powers on appeal under section 103
- 105 Appeal against discharge at extradition hearing
- 106 Court’s powers on appeal under section 105
- 107 Detention pending conclusion of appeal under section 105
- 107A Detention pending conclusion of appeal under section 105: Scotland
- 108 Appeal against extradition order
- 109 Court’s powers on appeal under section 108
- 110 Appeal against discharge by Secretary of State
- 111 Court’s powers on appeal under section 110
- 112 Detention pending conclusion of appeal under section 110
- 112A Detention pending conclusion of appeal under section 110: Scotland
- 113 Appeal to High Court: time limit for start of hearing
- 114 Appeal to Supreme Court
- 115 Powers of Supreme Court on appeal under section 114
- 115A Detention pending conclusion of certain appeals under section 114
- 115B Detention pending conclusion of appeals relating to devolution issues
- 116 Appeals: general
- Time for extradition
- 117 Extradition where no appeal
- 118 Extradition following appeal
- 118A Extradition following appeal: Scotland
- 118B Scottish devolution issue: remand in custody or on bail
- 118C Judge informed after extradition order that person is charged with offence in United Kingdom
- 118D Judge informed after extradition order that person is serving sentence in United Kingdom
- 119 Undertaking in relation to person serving sentence in United Kingdom
- 120 Extradition following deferral for competing claim
- 121 Asylum claim
- Withdrawal of extradition request
- 122 Withdrawal of request before end of extradition hearing
- 123 Withdrawal of request after case sent to Secretary of State
- 124 Withdrawal of request whileapplication or appeal to High Court pending
- 125 Withdrawal of request while appeal to Supreme Court pending
- Competing extradition requests
- 126 Competing extradition requests
- Consent to extradition
- 127 Consent to extradition: general
- 128 Consent to extradition before case sent to Secretary of State
- Post-extradition matters
- 129 Consent to other offence being dealt with
- 130 Consent to further extradition to category 2 territory
- 131 Consent to further extradition to category 1 territory
- 132 Return of person to serve remainder of sentence
- Costs
- 133 Costs where extradition ordered
- 134 Costs where discharge ordered
- 135 Costs where discharge ordered: supplementary
- 135A Appropriate amount: England and Wales
- 135B Legal costs: England and Wales
- Repatriation cases
- 136 Persons serving sentences outside territory where convicted
- Interpretation
- 137 Extradition offences: person not sentenced for offence
- 138 Extradition offences: person sentenced for offence
- 139 The appropriate judge
- 140 The extradition hearing
- 140A Unlawfully at large
- 141 Scotland: references to Secretary of State
- Part 3 Extradition to the United Kingdom
- Extradition from category 1 territories
- 142 Issue of Part 3 warrant
- 143 Undertaking in relation to person serving sentence
- 144 Return to extraditing territory to serve sentence
- 145 Service of sentence in territory executing Part 3 warrant
- 146 Dealing with person for other offences
- 147 Effect of consent to extradition to the United Kingdom
- 148 Extradition offences
- 149 The appropriate judge
- Extradition from category 2 territories
- 150 Dealing with person for other offences: Commonwealth countries etc.
- 151 Dealing with person for other offences: other category 2 territories
- General
- 151A Dealing with person for other offences
- 151B Detention of person for trial in England and Wales for other offences
- 152 Remission of punishment for other offences
- 153 Return of person acquitted or not tried
- 153A Undertaking in relation to person serving sentence
- 153B Return of person in pursuance of undertaking
- 153C Return to extraditing territory to serve sentence
- 153D Sections 153A and 153C etc : supplementary
- 154 Restriction on bail where undertaking given by Secretary of State
- 155 Service personnel
- 155A Category 1 territories not applying Trade and Cooperation Agreement to old cases
- Part 4 Police powers
- Warrants and orders
- 156 Search and seizure warrants
- 157 Production orders
- 158 Requirements for making of production order
- 159 Computer information
- 160 Warrants: special procedure material and excluded material
- Search and seizure without warrant
- 161 Entry and search of premises for purposes of arrest
- 162 Entry and search of premises on arrest
- 163 Search of person on arrest
- 164 Entry and search of premises after arrest
- 165 Additional seizure powers
- Treatment following arrest
- 166 Fingerprints and samples
- 167 Searches and examination
- 168 Photographs
- 169 Evidence of identity: England and Wales
- 170 Evidence of identity: Northern Ireland
- 171 Other treatment and rights
- Delivery of seized property
- 172 Delivery of seized property
- Codes of practice
- 173 Codes of practice
- General
- 174 Interpretation
- 175 Customs officers
- 176 Service policemen
- Part 5 Miscellaneous and general
- British overseas territories
- 177 Extradition from British overseas territories
- 178 Extradition to British overseas territories
- Competing extradition claims
- 179 Competing claims to extradition
- 180 Proceedings on deferred warrant or request
- 181 Proceedings where extradition deferred
- Legal aid
- 182 Legal advice, assistance and representation: England and Wales
- 183 Legal aid: Scotland
- 184 Grant of free legal aid: Northern Ireland
- 185 Free legal aid: supplementary
- Re-extradition
- 186 Re-extradition: preliminary
- 187 Re-extradition hearing
- 188 Re-extradition to category 1 territories
- 189 Re-extradition to category 2 territories
- Non-UK extradition: transit through the United Kingdom
- 189A Facilitating transit through the United Kingdom
- 189B Unscheduled arrival in the United Kingdom
- 189C Exercise of the extradition transit powers
- 189D Codes of practice
- 189E Sections 189A to 189D: interpretation
- Conduct of extradition proceedings
- 190 Crown Prosecution Service: role in extradition proceedings
- 191 Lord Advocate: role in extradition proceedings
- 192 Northern Ireland DPP and Crown Solicitor: role in extradition proceedings
- Parties to international Conventions
- 193 Parties to international Conventions
- Special extradition arrangements
- 194 Special extradition arrangements
- Human rights
- 195 Human rights: appropriate tribunal
- Genocide etc
- 196 Genocide, crimes against humanity and war crimes
- Custody and bail
- 197 Custody
- 197A Extradition of serving prisoner
- 198 Bail: England and Wales
- 199 Bail: Scotland
- 200 Appeal against grant of bail
- 201 Remand to local authority accommodation
- Evidence
- 202 Receivable documents
- 203 Documents sent by facsimile
- 204 Warrant issued by category 1 territory: transmission by other electronic means
- 205 Written statements and admissions
- 206 Burden and standard of proof
- Live links
- 206A Use of live links at ... hearings
- 206B Live links: supplementary
- 206C Live links: interpretation
- Other miscellaneous provisions
- 207 Extradition for more than one offence
- 208 National security
- 209 Reasonable force
- 210 Rules of court
- 211 Service of notices
- 212 Article 95 alerts: transitional provision
- Interpretation
- 213 Disposal of Part 1 warrant and extradition request
- 214 Disposal of charge
- 215 Trade and Cooperation Agreement list
- 216 Other interpretative provisions
- General
- 217 Form of documents
- 218 Existing legislation on extradition
- 219 Amendments
- 220 Repeals
- 221 Commencement
- 222 Channel Islands and Isle of Man
- 223 Orders and regulations
- 224 Orders in Council
- 225 Finance
- 226 Extent
- 227 Short title
- SCHEDULES
- SCHEDULE A1 Specified category 2 territories
- SCHEDULE 1 Re-extradition: modifications
- Part 1 Category 1 territories
- Part 2 Category 2 territories
- SCHEDULE 2 Trade and Cooperation Agreement list
- SCHEDULE 3 Amendments
- Introduction
- Parliamentary Commissioner Act 1967 (c. 13)
- Criminal Justice Act 1967 (c. 80)
- Suppression of Terrorism Act 1978 (c. 26)
- Criminal Justice (International Co-operation) Act 1990 (c. 5)
- Computer Misuse Act 1990 (c. 18)
- Aviation and Maritime Security Act 1990 (c. 31)
- Criminal Justice Act 1991 (c. 53)
- United Nations Personnel Act 1997 (c. 13)
- Terrorism Act 2000 (c. 11)
- International Criminal Court Act 2001 (c. 17)
- Enterprise Act 2002 (c. 40)
- SCHEDULE 4 Repeals
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