Extradition (Provisional Arrest) Act 2020

The powers under sections 177 and 222 of the Extradition Act 2003 (extension to British overseas territories, the Channel Islands or the Isle of Man) may be exercised in relation to any amendment or repeal made by this Act of any part of that Act.

s.2(3)

This section comes into force on the day on which this Act is passed.

s.2(4)

The other provisions of this Act come into force on such day as the Secretary of State may by regulations appoint, but paragraph 4 of the Schedule may not be commenced so as to come into force in relation to a territory before that territory is a category 2 territory for the purposes of the Extradition Act 2003.

s.2(5)

Different days may be appointed for different purposes.

s.2(6)

The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.

s.2(7)

Regulations under this section are to be made by statutory instrument.

s.2(8)

This Act may be cited as the Extradition (Provisional Arrest) Act 2020.

Sch.

Power of arrest for extradition purposes

schedule/schedule(13)

Sch. Pt.1

Main amendments to the Extradition Act 2003

Sch. para.1

Part 2 of the Extradition Act 2003 (extradition to category 2 territories) is amended as follows.

Sch. para.2

After section 74 insert—

Sch. para.3

Before Schedule 1 insert—

Sch. para.4

In Schedule A1 (as inserted by paragraph 3), at the appropriate places, insert— ... “ Iceland ”; ...“ Norway ” ... .

Sch. para.5

Paragraph 4 is repealed at the end of 2021 if, or to the extent that, it has not been brought into force before the end of that year.

Sch. para.6

A reference in section 74B of the Extradition Act 2003 (inserted by paragraph 2 of this Schedule) to a request includes a request made before this Act is passed.

Sch. Pt.2

Consequential amendments

Sch. Pt.2(crossheading)(police)(and)(criminal)(evidence)(act)(1984)

Police and Criminal Evidence Act 1984

Sch. para.7

In section 65 of the Police and Criminal Evidence Act 1984 (questioning and treatment of persons by police: supplementary), in the definition of “extradition arrest power”, at the end insert—

Sch. Pt.2(crossheading)(police)(and)(criminal)(evidence)(northern)(ireland)(order)(1989)(si)(19891341)(ni)(12)

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

Sch. para.8

In Article 53(1) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (questioning and treatment of persons by police: interpretation), in the definition of “extradition arrest power”, at the end insert—

Sch. Pt.2(crossheading)(nationality)(immigration)(and)(asylum)(act)(2002)

Nationality, Immigration and Asylum Act 2002

Sch. para.9

In section 94 of the Nationality, Immigration and Asylum Act 2002 (appeal from within United Kingdom: unfounded human rights or protection claim), in subsection (6A), after paragraph (c) insert—

Sch. Pt.2(crossheading)(extradition)(act)(2003)

Extradition Act 2003

Sch. para.10

The Extradition Act 2003 is amended as follows.

Sch. para.11

Sch. para.11(1)

Section 76 (date of extradition hearing: arrest under provisional warrant) is amended as follows.

Sch. para.11(2)

In the heading, after “provisional warrant” insert “ or under section 74A ”.

Sch. para.11(3)

In subsection (1)—

Sch. para.11(3)(a)

in paragraph (a), after “provisional warrant” insert “ or under section 74A ”;

Sch. para.11(3)(b)

in paragraph (b), after “section 74(10)” insert “ or 74E(4) ”.

Sch. para.12

In section 76A (person charged with offence in United Kingdom before extradition hearing), in subsection (1)(a), for “or 74(3)” substitute “ , 74(3) or 74A(3) ”.

Sch. para.13

In section 76B (person serving sentence in United Kingdom before extradition hearing), in subsection (1)(a), for “or 74(3)” substitute “ , 74(3) or 74A(3) ”.

Sch. para.14

In section 127 (consent to extradition: general), in subsection (2), after “provisional warrant” insert “ or under section 74A ”.

Sch. para.15

Sch. para.15(1)

Section 136 (persons serving sentences outside territory where convicted) is amended as follows.

Sch. para.15(2)

In subsection (1)—

Sch. para.15(2)(a)

in paragraph (a) omit “or” at the end;

Sch. para.15(2)(b)

in paragraph (b), at the end insert

Sch. para.15(3)

In subsection (3)—

Sch. para.15(3)(a)

in paragraph (b), after “subsection (1)(b)” insert “ or (c) (as the case may be) ”;

Sch. para.15(3)(b)

after paragraph (b) insert—

Sch. para.15(4)

In subsection (4)—

Sch. para.15(4)(a)

after paragraph (a) insert—

Sch. para.15(4)(b)

after paragraph (c) insert—

Sch. para.16

In section 162 (entry and search of premises on arrest), in subsection (3)(d), after “provisional warrant” insert “ or under section 74A ”.

Sch. para.17

In section 164 (entry and search of premises after arrest), in subsection (3)(d), after “provisional warrant” insert “ or under section 74A ”.

Sch. para.18

In section 172 (delivery of seized property), in subsection (4)(d), after “provisional warrant” insert “ or section 74A. ”

Sch. para.19

In section 174 (interpretation), in subsection (2), after paragraph (d) insert—

Sch. para.20

In section 193 (parties to international conventions), in subsection (4)(a), after “74(11)(b)” insert “ , 74A to 74E ”.

Sch. para.21

In section 194 (special extradition arrangements), in subsection (4)(a), after “74(11)(b)” insert “ , 74A to 74E ”.

Sch. para.22

Sch. para.22(1)

Section 206B (live links: supplementary) is amended as follows.

Sch. para.22(2)

In subsection (6)(b), for “or 74(3)” substitute “ , 74(3) or 74A(3) ”.

Sch. para.22(3)

In subsection (7), for “or 74(3)” substitute “ , 74(3) or 74A(3) ”.

Sch. para.23

Sch. para.23(1)

In section 206C (live links: interpretation), subsection (4) is amended as follows.

Sch. para.23(2)

In paragraph (c) omit “or” at the end.

Sch. para.23(3)

In paragraph (d), at the end insert

Sch. para.24

Sch. para.24(1)

In section 208 (national security), subsection (9) is amended as follows.

Sch. para.24(2)

In paragraph (b), for “or under a provisional warrant” substitute “ , under a provisional warrant or under section 74A ”.

Sch. para.24(3)

In paragraph (c), after “74” insert “ , 74D, 74E ”.

Sch. para.25

Sch. para.25(1)

Section 216 (other interpretive provisions) is amended as follows.

Sch. para.25(2)

After subsection (2) insert—

Sch. para.25(3)

In subsection (3), at the start insert “ Other ”.

Sch. para.26

In section 223 (orders and regulations), after subsection (6) insert—

Sch. Pt.2(crossheading)(uk)(borders)(act)(2007)

UK Borders Act 2007

Sch. para.27

The UK Borders Act 2007 is amended as follows.

Sch. para.28

In section 2 (detention), in subsections (1) and (1A), at the end of paragraph (a) (but before “or”) insert—

Sch. para.29

In section 33 (exceptions to automatic deportation), in subsection (5), after paragraph (c) insert—

Sch. Pt.2(crossheading)(criminal)(justice)(scotland)(act)(2016)(asp)(1)

Criminal Justice (Scotland) Act 2016 (asp 1)

Sch. para.30

In section 57A of the Criminal Justice (Scotland) Act 2016 (arrest without warrant otherwise than in respect of an offence), in subsection (3)(e), for “section 5” substitute “ sections 5 and 74A ”.

Sch. Pt.2(crossheading)(further)(consequential)(provision)

Further consequential provision

Sch. para.31

Sch. para.31(1)

The Secretary of State may by regulations make further provision that is consequential on the amendments made by this Schedule.

Sch. para.31(2)

Regulations under this paragraph may amend, repeal or revoke any provision made by primary legislation.

Sch. para.31(3)

Regulations under this paragraph may make transitional, saving or incidental provision.

Sch. para.31(4)

Regulations under this paragraph are to be made by statutory instrument.

Sch. para.31(5)

A statutory instrument containing regulations under this paragraph that amend, repeal or revoke a provision of primary legislation may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

Sch. para.31(6)

Any other statutory instrument containing regulations under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament.

Sch. para.31(7)

In this paragraph, “primary legislation” means—

Sch. para.31(7)(a)

an Act of Parliament,

Sch. para.31(7)(b)

an Act of the Scottish Parliament,

Sch. para.31(7)(c)

an Act or Measure of Senedd Cymru, or

Sch. para.31(7)(d)

Northern Ireland legislation.