Commentary on provisions of Act Section 12: Dual criminality
This section makes technical amendments to the Extradition Act 2003 ("the 2003 Act")) (subsection (1)).
	Subsections (2) and (3) make amendments to sections 64 and 65 of the 2003 Act (which define the conduct that constitutes an extradition offence for requests sent to the UK by EU Member States under Part 1 of the 2003 Act) to remove the ability for UK courts to waive the requirement of dual criminality under the Agreements. As a result, the list of exempted offences under the European Arrest Warrant framework, which is made optional under the European Arrest Warrant framework, which is made operational under the Agreement, will no longer be considered by UK courts in relation to any extradition request received by the UK.
	Subsection (4) makes amendments to section 142 of the 2003 Act to maintain an ability for UK courts to certify when a request sent by the UK relates to conduct which falls in the "framework list". Such certification facilitates the waiver of dual criminality by EU Member States under the Agreement should they choose to do so.
	Subsections (5) and (6) make amendments to section 215 of and Schedule 2 to the 2003 Act to provide that the list of offences now optionally exempted from dual criminality consideration refers to the Agreement rather than to the arrant European Arrest Warrant Framework Decision. The list is retained in order to provide for the mechanism in subsection (4).