Overview

This Bill introduces a new power for law enforcement to arrest individuals without a warrant for the purpose of extradition to another country for serious crimes. This aims to streamline the extradition process for serious offences.

Description

The Extradition (Provisional Arrest) Bill amends the Extradition Act 2003 to allow police officers, customs officers, and service policemen to arrest individuals without a warrant if a certificate has been issued by a designated authority. This certificate is issued upon receiving a valid request from a specified category 2 territory (including Australia, Canada, Liechtenstein, New Zealand, Switzerland, and the United States), and the designated authority believes the offence warrants arrest. The arrested individual must be brought before a judge within 24 hours (excluding weekends and bank holidays), who will then decide whether a warrant would have been issued under normal circumstances. If so, the extradition process proceeds; otherwise, the individual is released. The Bill also contains consequential amendments to related Acts, including the Police and Criminal Evidence Act 1984 and the UK Borders Act 2007.

Key Changes:

• Creates a power of warrantless arrest for extradition purposes for serious offences.
• Introduces a certificate system for authorizing these arrests.
• Sets a 24-hour time limit for bringing the arrested person before a judge.
• Includes provisions for judicial oversight and potential discharge of the arrested individual.
• Makes consequential amendments to existing legislation to ensure consistency.

Government Spending

The Bill doesn't directly specify government spending. However, there may be some associated costs with implementing the new arrest powers, including training for law enforcement and administrative changes. No figures are available in the provided text.

Groups Affected

• Law enforcement agencies: Gain new powers of arrest and associated responsibilities.
• Individuals suspected of serious crimes: May face arrest without a warrant under the expanded powers.
• Judges: Take on the new role of determining the validity of warrantless arrests and subsequent extradition proceedings.
• Foreign governments (specified Category 2 territories): Benefit from a potentially quicker and more efficient extradition process.

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