Part 5 Offences under domestic law

Consequential provisions

71 Extradition: Orders in Council under the 1870 Act

Repealed.

72 Extradition: exception to dual criminality rule under the 1989 Act

Repealed.

73 Extradition: offences not regarded as of political character etc

Repealed.

SCHEDULES

SCHEDULE 2 Delivery up of persons subject to criminal proceedings, &c.

PART 2 EXTRADITION PROCEEDINGS

Meaning of “extradition proceedings”

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—
(a) the Extradition Act 1989 (c. 33), or
(b) the Backing of Warrants (Republic of Ireland) Act 1965 (c. 45).

Extradition proceedings in England and Wales or Northern Ireland

8 (1) Where—
(a) the Secretary of State receives a request from the ICC for the arrest and surrender, or provisional arrest, of a person, and
(b) extradition proceedings against that person are pending or in progress before a court in England and Wales or Northern Ireland,
the Secretary of State shall inform the court of the request.
(2) The court shall (if necessary) adjourn the proceedings before it, for such period or periods as it thinks fit, so as to enable proceedings to be taken to determine whether a delivery order should be made.
(3) If a delivery order is made and the extradition proceedings are still pending or in progress, the Secretary of State—
(a) shall consult the ICC before giving directions for the execution of the order, and
(b) may direct that the extradition proceedings shall be discontinued.
(4) Where the Secretary of State directs that extradition proceedings shall be discontinued, the court before which the proceedings are pending or in progress shall—
(a) order their discontinuance, and
(b) make any other order necessary to enable the delivery order to be executed (including any necessary order as to the custody of the person concerned).
(5) The discontinuance under this paragraph of extradition proceedings in respect of an offence does not prevent the institution of fresh extradition proceedings in respect of the offence.
(6)References in this paragraph to a court include references to a judge.

Extradition proceedings in Scotland

9 (1) Where—
(a) the Secretary of State receives a request from the ICC for the arrest and surrender, or provisional arrest, of a person, and
(b) extradition proceedings against that person are pending or in progress before a court in Scotland,
the Secretary of State shall inform the Scottish Ministers of the request and they shall inform the court.
(2) The court shall (if necessary) adjourn the proceedings before it, for such period or periods as it thinks fit, so as to enable proceedings to be taken to determine whether a delivery order should be made.
(3) If a delivery order is made and the extradition proceedings are still pending or in progress, the Secretary of State shall consult the ICC before giving directions for the execution of the order.
(4)References in this paragraph to a court include references to a judge.

Power to suspend or revoke warrant or order

10(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.
(2)The court may, in particular, suspend or revoke any warrant or other order made... in respect of the person.

Article 102
Use of terms
For the purposes of this Statute:
(a) "surrender" means the delivering up of a person by a State to the Court, pursuant to this Statute.
(b) "extradition" means the delivering up of a person by one State to another as provided by treaty, convention or national legislation.

This provision follows the ICC Statute.

The Act makes clear that the double criminality and political offence exceptions cannot be used to deny extradtition for crimes under the Rome Statute. Extradition from the UK to an extradition partner may be suspended in order to allow delivery to the ICC to take place.