UKPGA-2020-18 Extradition (Provisional Arrest) Act 2020 UK

creates a power of arrest, without warrant, for the purpose of extraditing people for serious offences, and

contains consequential amendments and a power to make further amendments.

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

After section 74 insert—

Before Schedule 1 insert—

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

Paragraph 4 is repealed at the end of 2021 if, or to the extent that, it has not been brought into force before the end of that year.

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.

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—.

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—

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—.

The Extradition Act 2003 is amended as follows.

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

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

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) ”.

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) ”.

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

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

in paragraph (b), at the end insert

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

after paragraph (b) insert—

after paragraph (a) insert—;

after paragraph (c) insert—.

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

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

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

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

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

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

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

The UK Borders Act 2007 is amended as follows.

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

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

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 ”.

an Act of Parliament,

an Act of the Scottish Parliament,

an Act or Measure of Senedd Cymru, or

Northern Ireland legislation.