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Extradition Act 2003

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Part 1 E+W+S+N.I.Extradition to category 1 territories

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Commencement Information

I1Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

IntroductionE+W+S+N.I.

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Commencement Information

I2Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

1Extradition to category 1 territoriesE+W+S+N.I.

(1)This Part deals with extradition from the United Kingdom to the territories designated for the purposes of this Part by order made by the Secretary of State.

(2)In this Act references to category 1 territories are to the territories designated for the purposes of this Part.

(3)A territory may not be designated for the purposes of this Part if a person found guilty in the territory of a criminal offence may be sentenced to death for the offence under the general criminal law of the territory.

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Commencement Information

I3Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

2Part 1 warrant and certificateE+W+S+N.I.

(1)This section applies if the designated authority receives a Part 1 warrant in respect of a person.

(2)A Part 1 warrant is an arrest warrant which is issued by a judicial authority of a category 1 territory and which contains—

(a)the statement referred to in subsection (3) and the information referred to in subsection (4), or

(b)the statement referred to in subsection (5) and the information referred to in subsection (6).

(3)The statement is one that—

(a)the person in respect of whom the Part 1 warrant is issued is accused in the category 1 territory of the commission of an offence specified in the warrant, and

(b)the Part 1 warrant is issued with a view to his arrest and extradition to the category 1 territory for the purpose of being prosecuted for the offence.

(4)The information is—

(a)particulars of the person’s identity;

(b)particulars of any other warrant issued in the category 1 territory for the person’s arrest in respect of the offence;

(c)particulars of the circumstances in which the person is alleged to have committed the offence, including the conduct alleged to constitute the offence, the time and place at which he is alleged to have committed the offence and any provision of the law of the category 1 territory under which the conduct is alleged to constitute an offence;

(d)particulars of the sentence which may be imposed under the law of the category 1 territory in respect of the offence if the person is convicted of it.

(5)The statement is one that—

(a)the person in respect of whom the Part 1 warrant is issued [F1has been convicted]F1 of an offence specified in the warrant by a court in the category 1 territory, and

(b)the Part 1 warrant is issued with a view to his arrest and extradition to the category 1 territory for the purpose of being sentenced for the offence or of serving a sentence of imprisonment or another form of detention imposed in respect of the offence.

(6)The information is—

(a)particulars of the person’s identity;

(b)particulars of the conviction;

(c)particulars of any other warrant issued in the category 1 territory for the person’s arrest in respect of the offence;

(d)particulars of the sentence which may be imposed under the law of the category 1 territory in respect of the offence, if the person has not been sentenced for the offence;

(e)particulars of the sentence which has been imposed under the law of the category 1 territory in respect of the offence, if the person has been sentenced for the offence.

(7)The designated authority may issue a certificate under this section if it believes that the authority which issued the Part 1 warrant has the function of issuing arrest warrants in the category 1 territory.

(8)A certificate under this section must certify that the authority which issued the Part 1 warrant has the function of issuing arrest warrants in the category 1 territory.

(9)The designated authority is the authority designated for the purposes of this Part by order made by the Secretary of State.

(10)An order made under subsection (9) may—

(a)designate more than one authority;

(b)designate different authorities for different parts of the United Kingdom.

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Amendments (Textual)

Commencement Information

I4Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

ArrestE+W+S+N.I.

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Commencement Information

I5Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

3Arrest under certified Part 1 warrantE+W+S+N.I.

(1)This section applies if a certificate is issued under section 2 in respect of a Part 1 warrant issued in respect of a person.

(2)The warrant may be executed by a constable or a customs officer in any part of the United Kingdom.

[F2(3)The warrant may be executed by a service policeman anywhere, but only if the person is subject to service law or is a civilian subject to service discipline.]

F2(5)The warrant may be executed even if neither the warrant nor a copy of it is in the possession of the person executing it at the time of the arrest.

(6)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F2S. 3(3) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) for s. 3(3)(4) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 200(a); S.I. 2009/812, art. 3 (with transitional provisions (24.4.2009 for certain purposes otherwise 31.10.2009) in S.I. 2009/1059); S.I. 2009/1167, art. 4

F3S. 3(6) repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 200(b), Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions (24.4.2009 for certain purposes otherwise 31.10.2009) in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I6Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

4Person arrested under Part 1 warrantE+W+S+N.I.

(1)This section applies if a person is arrested under a Part 1 warrant.

(2)A copy of the warrant must be given to the person as soon as practicable after his arrest.

(3)The person must be brought as soon as practicable before the appropriate judge.

(4)If subsection (2) is not complied with and the person applies to the judge to be discharged, the judge may order his discharge.

(5)If subsection (3) is not complied with and the person applies to the judge to be discharged, the judge must order his discharge.

(6)A person arrested under the warrant must be treated as continuing in legal custody until he is brought before the appropriate judge under subsection (3) or he is discharged under subsection (4) or (5).

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Commencement Information

I7Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

5Provisional arrestE+W+S+N.I.

(1)A constable, a customs officer or a service policeman may arrest a person without a warrant if he has reasonable grounds for believing—

(a)that a Part 1 warrant has been or will be issued in respect of the person by an authority of a category 1 territory, and

(b)that the authority has the function of issuing arrest warrants in the category 1 territory.

(2)A constable or a customs officer may arrest a person under subsection (1) in any part of the United Kingdom.

[F4(3)A service policeman may arrest a person under subsection (1) only if the person is subject to service law or is a civilian subject to service discipline.

(4)If a service policeman has power to arrest a person under subsection (1) he may exercise the power anywhere.F4]

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Amendments (Textual)

F4S. 5(3)(4) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) for s. 5(3)-(5) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 201; S.I. 2009/812, art. 3 (with transitional provisions (24.4.2009 for certain purposes otherwise 31.10.2009) in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I8Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

6Person arrested under section 5E+W+S+N.I.

(1)This section applies if a person is arrested under section 5.

[F5(2)The person must be brought before the appropriate judge within 48 hours starting with the time when the person is arrested.

(2A)The documents specified in subsection (4) must be produced to the judge within 48 hours starting with the time when the person is arrested but this is subject to any extension under subsection (3B).

(2B)Subsection (3) applies if—

(a)the person has been brought before the judge in compliance with subsection (2); but

(b)documents have not been produced to the judge in compliance with subsection (2A).

(3)The person must be brought before the judge when the documents are produced to the judge.

(3A)While the person is before the judge in pursuance of subsection (2), the authority of the category 1 territory may apply to the judge for an extension of the 48 hour period mentioned in subsection (2A) by a further 48 hours.

(3B)The judge may grant an extension if the judge decides that subsection (2A) could not reasonably be complied with within the initial 48 hour period.

(3C)The judge must decide whether that subsection could reasonably be so complied with on a balance of probabilities.

(3D)Notice of an application under subsection (3A) must be given in accordance with rules of court.]

F5(4)The documents are—

(a)a Part 1 warrant in respect of the person;

(b)a certificate under section 2 in respect of the warrant.

(5)A copy of the warrant must be given to the person as soon as practicable after his arrest.

[F6(5A)Subsection (5B) applies if—

(a)the person is before the judge in pursuance of subsection (2); and

(b)the documents specified in subsection (4) have not been produced to the judge.

(5B)The judge must remand the person in custody or on bail (subject to subsection (6)).]

F6(6)If subsection (2) [F7, (2A) or (3)]F7 is not complied with and the person applies to the judge to be discharged, the judge must order his discharge.

(7)If subsection (5) is not complied with and the person applies to the judge to be discharged, the judge may order his discharge.

(8)The person must be treated as continuing in legal custody until he is brought before the appropriate judge under subsection (2) or he is discharged under subsection (6) or (7).

[F8(8A)In calculating a period of 48 hours for the purposes of this section no account is to be taken of—

(a)any Saturday or Sunday;

(b)Christmas Day;

(c)Good Friday; or

(d)any day falling within subsection (8B).

(8B)The following days fall within this subsection—

(a)in Scotland, any day prescribed under section 8(2) of the Criminal Procedure (Scotland) Act 1995 as a court holiday in the court of the appropriate judge;

(b)in any part of the United Kingdom, any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in that part of the United Kingdom.]

F8(9)Subsection (10) applies if—

(a)a person is arrested under section 5 on the basis of a belief that a Part 1 warrant has been or will be issued in respect of him;

(b)the person is discharged under subsection (6) or (7).

(10)The person must not be arrested again under section 5 on the basis of a belief relating to the same Part 1 warrant.

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Amendments (Textual)

Commencement Information

I9Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

The initial hearingE+W+S+N.I.

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Commencement Information

I10Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

7Identity of person arrestedE+W+S+N.I.

(1)This section applies if—

(a)a person arrested under a Part 1 warrant is brought before the appropriate judge under section 4(3), or

(b)a person [F9arrested under section 5 is brought before the appropriate judge under section 6 and section 6(2A)]F9 is complied with in relation to him.

(2)The judge must decide whether the person brought before him is the person in respect of whom—

(a)the warrant referred to in subsection (1)(a) was issued, or

(b)the warrant referred to in section 6(4) was issued.

(3)The judge must decide the question in subsection (2) on a balance of probabilities.

(4)If the judge decides the question in subsection (2) in the negative he must order the person’s discharge.

(5)If the judge decides that question in the affirmative he must proceed under section 8.

(6)In England and Wales, the judge has the same powers (as nearly as may be) as a magistrates' court would have if the proceedings were the summary trial of an information against the person.

(7)In Scotland—

(a)the judge has the same powers (as nearly as may be) as if the proceedings were summary proceedings in respect of an offence alleged to have been committed by the person; but

(b)in his making any decision under subsection (2) evidence from a single source shall be sufficient.

(8)In Northern Ireland, the judge has the same powers (as nearly as may be) as a magistrates' court would have if the proceedings were the hearing and determination of a complaint against the person.

(9)If the judge exercises his power to adjourn the proceedings he must remand the person in custody or on bail.

(10)[F10If the person is remanded in custody, the appropriate judge may]F10 later grant bail.

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Amendments (Textual)

Commencement Information

I11Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

8Remand etc.E+W+S+N.I.

(1)If the judge is required to proceed under this section he must—

(a)fix a date on which the extradition hearing is to begin;

(b)inform the person of the contents of the Part 1 warrant;

(c)give the person the required information about consent;

(d)remand the person in custody or on bail.

(2)[F11If the person is remanded in custody, the appropriate judge may]F11 later grant bail.

(3)The required information about consent is—

(a)that the person may consent to his extradition to the category 1 territory in which the Part 1 warrant was issued;

(b)an explanation of the effect of consent and the procedure that will apply if he gives consent;

(c)that consent must be given before the judge and is irrevocable.

(4)The date fixed under subsection (1) must not be later than the end of the permitted period, which is 21 days starting with the date of the arrest referred to in section 7(1)(a) or (b).

(5)If before the date fixed under subsection (1) (or this subsection) a party to the proceedings applies to the judge for a later date to be fixed and the judge believes it to be in the interests of justice to do so, he may fix a later date; and this subsection may apply more than once.

(6)Subsections (7) and (8) apply if the extradition hearing does not begin on or before the date fixed under this section.

(7)If the person applies to the judge to be discharged the judge must order his discharge, unless reasonable cause is shown for the delay.

(8)If no application is made under subsection (7) the judge must order the person’s discharge on the first occasion after the date fixed under this section when the person appears or is brought before the judge, unless reasonable cause is shown for the delay.

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Amendments (Textual)

Commencement Information

I12Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[F128APerson charged with offence in United Kingdom before extradition hearingE+W+S+N.I.

(1)This section applies if—

(a)a person has been brought before the appropriate judge under section 4(3) or 6(2) but the extradition hearing has not begun; and

(b)the judge is informed that the person is charged with an offence in the United Kingdom.

(2)The judge must order further proceedings in respect of the extradition to be adjourned until one of these occurs—

(a)the charge is disposed of;

(b)the charge is withdrawn;

(c)proceedings in respect of the charge are discontinued;

(d)an order is made for the charge to lie on the file, or in relation to Scotland, the diet is deserted pro loco et tempore.

(3)If a sentence of imprisonment or another form of detention is imposed in respect of the offence charged, the judge may order further proceedings in respect of the extradition to be adjourned until the person is released from detention pursuant to the sentence (whether on licence or otherwise).

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Amendments (Textual)

8BPerson serving sentence in United Kingdom before extradition hearingE+W+S+N.I.

(1)This section applies if—

(a)a person has been brought before the appropriate judge under section 4(3) or 6(2) but the extradition hearing has not begun; and

(b)the judge is informed that the person is in custody serving a sentence of imprisonment or another form of detention in the United Kingdom.

(2)The judge may order further proceedings in respect of the extradition to be adjourned until the person is released from detention pursuant to the sentence (whether on licence or otherwise).

(3)In a case where further proceedings in respect of the extradition are adjourned under subsection (2)—

(a)section 131 of the Magistrates' Courts Act 1980 (remand of accused already in custody) has effect as if a reference to 28 clear days in subsection (1) or (2) of that section were a reference to six months;

(b)Article 47(2) of the Magistrates' Courts (Northern Ireland) Order 1981 (period of remand in custody) has effect as if a reference to 28 days in—

(i)sub-paragraph (a)(iii), or

(ii)the words after sub-paragraph (b),

were a reference to six months.]

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Amendments (Textual)

The extradition hearingE+W+S+N.I.

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Commencement Information

I13Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

9Judge’s powers at extradition hearingE+W+S+N.I.

(1)In England and Wales, at the extradition hearing the appropriate judge has the same powers (as nearly as may be) as a magistrates' court would have if the proceedings were the summary trial of an information against the person in respect of whom the Part 1 warrant was issued.

(2)In Scotland, at the extradition hearing the appropriate judge has the same powers (as nearly as may be) as if the proceedings were summary proceedings in respect of an offence alleged to have been committed by the person in respect of whom the Part 1 warrant was issued.

(3)In Northern Ireland, at the extradition hearing the appropriate judge has the same powers (as nearly as may be) as a magistrates' court would have if the proceedings were the hearing and determination of a complaint against the person in respect of whom the Part 1 warrant was issued.

(4)If the judge adjourns the extradition hearing he must remand the person in custody or on bail.

(5)[F13If the person is remanded in custody, the appropriate judge may]F13 later grant bail.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I14Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

10Initial stage of extradition hearingE+W+S+N.I.

(1)This section applies if a person in respect of whom a Part 1 warrant is issued appears or is brought before the appropriate judge for the extradition hearing.

(2)The judge must decide whether the offence specified in the Part 1 warrant is an extradition offence.

(3)If the judge decides the question in subsection (2) in the negative he must order the person’s discharge.

(4)If the judge decides that question in the affirmative he must proceed under section 11.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I15Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

11Bars to extraditionE+W+S+N.I.

(1)If the judge is required to proceed under this section he must decide whether the person’s extradition to the category 1 territory is barred by reason of—

(a)the rule against double jeopardy;

(b)extraneous considerations;

(c)the passage of time;

(d)the person’s age;

(e)hostage-taking considerations;

(f)speciality;

(g)the person’s earlier extradition to the United Kingdom from another category 1 territory;

(h)the person’s earlier extradition to the United Kingdom from a non-category 1 territory.

[F14(i)the person's earlier transfer to the United Kingdom by the International Criminal Court.]

[F15F14(j)forum.]

F15(2)[F16Sections [F1712 to 19B apply ]F17 for the interpretation of subsection (1).

(3)If the judge decides any of the questions in subsection (1) in the affirmative he must order the person’s discharge.

(4)If the judge decides those questions in the negative and the person is alleged to be unlawfully at large after conviction of the extradition offence, the judge must proceed under section 20.

(5)If the judge decides those questions in the negative and the person is accused of the commission of the extradition offence but is not alleged to be unlawfully at large after conviction of it, the judge must proceed under section 21.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I16Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

12Rule against double jeopardyE+W+S+N.I.

A person’s extradition to a category 1 territory is barred by reason of the rule against double jeopardy if (and only if) it appears that he would be entitled to be discharged under any rule of law relating to previous acquittal or conviction on the assumption—

(a)that the conduct constituting the extradition offence constituted an offence in the part of the United Kingdom where the judge exercises jurisdiction;

(b)that the person were charged with the extradition offence in that part of the United Kingdom.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I17Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

13Extraneous considerationsE+W+S+N.I.

A person’s extradition to a category 1 territory is barred by reason of extraneous considerations if (and only if) it appears that—

(a)the Part 1 warrant issued in respect of him (though purporting to be issued on account of the extradition offence) is in fact issued for the purpose of prosecuting or punishing him on account of his race, religion, nationality, gender, sexual orientation or political opinions, or

(b)if extradited he might be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality, gender, sexual orientation or political opinions.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I18Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

14Passage of timeE+W+S+N.I.

A person’s extradition to a category 1 territory is barred by reason of the passage of time if (and only if) it appears that it would be unjust or oppressive to extradite him by reason of the passage of time [F18 since he is alleged to have—

(a)committed the extradition offence (where he is accused of its commission), or

(b)become unlawfully at large (where he is alleged to have been convicted of it)]

F18.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I19Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

15AgeE+W+S+N.I.

A person’s extradition to a category 1 territory is barred by reason of his age if (and only if) it would be conclusively presumed because of his age that he could not be guilty of the extradition offence on the assumption—

(a)that the conduct constituting the extradition offence constituted an offence in the part of the United Kingdom where the judge exercises jurisdiction;

(b)that the person carried out the conduct when the extradition offence was committed (or alleged to be committed);

(c)that the person carried out the conduct in the part of the United Kingdom where the judge exercises jurisdiction.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I20Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

16Hostage-taking considerationsE+W+S+N.I.

(1)A person’s extradition to a category 1 territory is barred by reason of hostage-taking considerations if (and only if) the territory is a party to the Hostage-taking Convention and it appears that—

(a)if extradited he might be prejudiced at his trial because communication between him and the appropriate authorities would not be possible, and

(b)the act or omission constituting the extradition offence also constitutes an offence under section 1 of the Taking of Hostages Act 1982 (c. 28) or an attempt to commit such an offence.

(2)The appropriate authorities are the authorities of the territory which are entitled to exercise rights of protection in relation to him.

(3)A certificate issued by the Secretary of State that a territory is a party to the Hostage-taking Convention is conclusive evidence of that fact for the purposes of subsection (1).

(4)The Hostage-taking Convention is the International Convention against the Taking of Hostages opened for signature at New York on 18 December 1979.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I21Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

17SpecialityE+W+S+N.I.

(1)A person’s extradition to a category 1 territory is barred by reason of speciality if (and only if) there are no speciality arrangements with the category 1 territory.

(2)There are speciality arrangements with a category 1 territory if, under the law of that territory or arrangements made between it and the United Kingdom, a person who is extradited to the territory from the United Kingdom may be dealt with in the territory for an offence committed before his extradition only if—

(a)the offence is one falling within subsection (3), or

(b)the condition in subsection (4) is satisfied.

(3)The offences are—

(a)the offence in respect of which the person is extradited;

(b)an extradition offence disclosed by the same facts as that offence;

(c)an extradition offence in respect of which the appropriate judge gives his consent under section 55 to the person being dealt with;

(d)an offence which is not punishable with imprisonment or another form of detention;

(e)an offence in respect of which the person will not be detained in connection with his trial, sentence or appeal;

(f)an offence in respect of which the person waives the right that he would have (but for this paragraph) not to be dealt with for the offence.

(4)The condition is that the person is given an opportunity to leave the category 1 territory and—

(a)he does not do so before the end of the permitted period, or

(b)if he does so before the end of the permitted period, he returns there.

(5)The permitted period is 45 days starting with the day on which the person arrives in the category 1 territory.

(6)Arrangements made with a category 1 territory which is a Commonwealth country or a British overseas territory may be made for a particular case or more generally.

(7)A certificate issued by or under the authority of the Secretary of State confirming the existence of arrangements with a category 1 territory which is a Commonwealth country or a British overseas territory and stating the terms of the arrangements is conclusive evidence of those matters.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I22Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

18Earlier extradition to United Kingdom from category 1 territoryE+W+S+N.I.

A person’s extradition to a category 1 territory is barred by reason of his earlier extradition to the United Kingdom from another category 1 territory if (and only if)—

(a)the person was extradited to the United Kingdom from another category 1 territory (the extraditing territory);

(b)under arrangements between the United Kingdom and the extraditing territory, that territory’s consent is required to the person’s extradition from the United Kingdom to the category 1 territory in respect of the extradition offence under consideration;

(c)that consent has not been given on behalf of the extraditing territory.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I23Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

19Earlier extradition to United Kingdom from non-category 1 territoryE+W+S+N.I.

A person’s extradition to a category 1 territory is barred by reason of his earlier extradition to the United Kingdom from a non-category 1 territory if (and only if)—

(a)the person was extradited to the United Kingdom from a territory that is not a category 1 territory (the extraditing territory);

(b)under arrangements between the United Kingdom and the extraditing territory, that territory’s consent is required to the person’s being dealt with in the United Kingdom in respect of the extradition offence under consideration;

(c)consent has not been given on behalf of the extraditing territory to the person’s extradition from the United Kingdom to the category 1 territory in respect of the extradition offence under consideration.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I24Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[F1919AEarlier transfer to United Kingdom by International Criminal CourtE+W+S+N.I.

(1)A person's extradition to a category 1 territory is barred by reason of his earlier transfer by the International Criminal Court if (and only if)—

(a)the person was transferred to the United Kingdom to serve a sentence imposed by the Court;

(b)under arrangements between the United Kingdom and the Court, the consent of the Presidency of the Court is required to the person's extradition from the United Kingdom to the category 1 territory in respect of the extradition offence under consideration;

(c)that consent has not been given.

(2)Subsection (1) does not apply if the person has served the sentence imposed by the Court and has subsequently—

(a)remained voluntarily in the United Kingdom for more than 30 days, or

(b)left the United Kingdom and returned to it.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I25Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[F2019BForumE+W+S+N.I.

(1)A person's extradition to a category 1 territory (“the requesting territory”) is barred by reason of forum if (and only if) it appears that—

(a)a significant part of the conduct alleged to constitute the extradition offence is conduct in the United Kingdom, and

(b)in view of that and all the other circumstances, it would not be in the interests of justice for the person to be tried for the offence in the requesting territory.

(2)For the purposes of subsection (1)(b) the judge must take into account whether the relevant prosecution authorities in the United Kingdom have decided not to take proceedings against the person in respect of the conduct in question.

(3)This section does not apply if the person is alleged to be unlawfully at large after conviction of the extradition offence.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

20Case where person has been convictedE+W+S+N.I.

(1)If the judge is required to proceed under this section (by virtue of section 11) he must decide whether the person was convicted in his presence.

(2)If the judge decides the question in subsection (1) in the affirmative he must proceed under section 21.

(3)If the judge decides that question in the negative he must decide whether the person deliberately absented himself from his trial.

(4)If the judge decides the question in subsection (3) in the affirmative he must proceed under section 21.

(5)If the judge decides that question in the negative he must decide whether the person would be entitled to a retrial or (on appeal) to a review amounting to a retrial.

(6)If the judge decides the question in subsection (5) in the affirmative he must proceed under section 21.

(7)If the judge decides that question in the negative he must order the person’s discharge.

(8)The judge must not decide the question in subsection (5) in the affirmative unless, in any proceedings that it is alleged would constitute a retrial or a review amounting to a retrial, the person would have these rights—

(a)the right to defend himself in person or through legal assistance of his own choosing or, if he had not sufficient means to pay for legal assistance, to be given it free when the interests of justice so required;

(b)the right to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I26Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

21Human rightsE+W+S+N.I.

(1)If the judge is required to proceed under this section (by virtue of section 11 or 20) he must decide whether the person’s extradition would be compatible with the Convention rights within the meaning of the Human Rights Act 1998 (c. 42).

(2)If the judge decides the question in subsection (1) in the negative he must order the person’s discharge.

(3)If the judge decides that question in the affirmative he must order the person to be extradited to the category 1 territory in which the warrant was issued.

(4)If the judge makes an order under subsection (3) he must remand the person in custody or on bail to wait for his extradition to the category 1 territory.

(5)[F21If the person is remanded in custody, the appropriate judge may]F21 later grant bail.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I27Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Matters arising before end of extradition hearingE+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I28Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

22Person charged with offence in United KingdomE+W+S+N.I.

(1)This section applies if at any time in the extradition hearing the judge is informed that the person in respect of whom the Part 1 warrant is issued is charged with an offence in the United Kingdom.

(2)The judge must adjourn the extradition hearing until one of these occurs—

(a)the charge is disposed of;

(b)the charge is withdrawn;

(c)proceedings in respect of the charge are discontinued;

(d)an order is made for the charge to lie on the file, or in relation to Scotland, the diet is deserted pro loco et tempore.

(3)If a sentence of imprisonment or another form of detention is imposed in respect of the offence charged, the judge may adjourn the extradition hearing until [F22the person is released from detention pursuant to the sentence (whether on licence or otherwise)]F22.

(4)If before he adjourns the extradition hearing under subsection (2) the judge has decided under section 11 whether the person’s extradition is barred by reason of the rule against double jeopardy, the judge must decide that question again after the resumption of the hearing.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I29Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

23Person serving sentence in United KingdomE+W+S+N.I.

(1)This section applies if at any time in the extradition hearing the judge is informed that the person in respect of whom the Part 1 warrant is issued is [F23in custody]F23 serving a sentence of imprisonment or another form of detention in the United Kingdom.

(2)The judge may adjourn the extradition hearing until [F24the person is released from detention pursuant to the sentence (whether on licence or otherwise)]F24.

[F25(3)In a case where an extradition hearing is adjourned under subsection (2)—

(a)section 131 of the Magistrates' Courts Act 1980 (remand of accused already in custody) has effect as if a reference to 28 clear days in subsection (1) or (2) of that section were a reference to six months;

(b)Article 47(2) of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (period of remand in custody) has effect as if a reference to 28 days in—

(i)paragraph (a)(iii), or

(ii)the words after paragraph (b),

were a reference to six months.F25]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I30Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

24Extradition requestE+W+S+N.I.

(1)This section applies if at any time in the extradition hearing the judge is informed that—

(a)a certificate has been issued under section 70 in respect of a request for the person’s extradition;

(b)the request has not been disposed of;

(c)an order has been made under section 179(2) for further proceedings on the warrant to be deferred until the request has been disposed of.

(2)The judge must remand the person in custody or on bail.

(3)[F26If the person is remanded in custody, the appropriate judge may]F26 later grant bail.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I31Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

25Physical or mental conditionE+W+S+N.I.

(1)This section applies if at any time in the extradition hearing it appears to the judge that the condition in subsection (2) is satisfied.

(2)The condition is that the physical or mental condition of the person in respect of whom the Part 1 warrant is issued is such that it would be unjust or oppressive to extradite him.

(3)The judge must—

(a)order the person’s discharge, or

(b)adjourn the extradition hearing until it appears to him that the condition in subsection (2) is no longer satisfied.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I32Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

AppealsE+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I33Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

26Appeal against extradition orderE+W+S+N.I.

(1)If the appropriate judge orders a person’s extradition under this Part, the person may appeal to the High Court against the order.

(2)But subsection (1) does not apply if the order is made under section 46 or 48.

(3)An appeal under this section may be brought on a question of law or fact.

(4)Notice of an appeal under this section must be given in accordance with rules of court before the end of the permitted period, which is 7 days starting with the day on which the order is made.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I34Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

27Court’s powers on appeal under section 26E+W+S+N.I.

(1)On an appeal under section 26 the High Court may—

(a)allow the appeal;

(b)dismiss the appeal.

(2)The court may allow the appeal only if the conditions in subsection (3) or the conditions in subsection (4) are satisfied.

(3)The conditions are that—

(a)the appropriate judge ought to have decided a question before him at the extradition hearing differently;

(b)if he had decided the question in the way he ought to have done, he would have been required to order the person’s discharge.

(4)The conditions are that—

(a)an issue is raised that was not raised at the extradition hearing or evidence is available that was not available at the extradition hearing;

(b)the issue or evidence would have resulted in the appropriate judge deciding a question before him at the extradition hearing differently;

(c)if he had decided the question in that way, he would have been required to order the person’s discharge.

(5)If the court allows the appeal it must—

(a)order the person’s discharge;

(b)quash the order for his extradition.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I35Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

28Appeal against discharge at extradition hearingE+W+S+N.I.

(1)If the judge orders a person’s discharge at the extradition hearing the authority which issued the Part 1 warrant may appeal to the High Court against the relevant decision.

(2)But subsection (1) does not apply if the order for the person’s discharge was under section 41.

(3)The relevant decision is the decision which resulted in the order for the person’s discharge.

(4)An appeal under this section may be brought on a question of law or fact.

(5)Notice of an appeal under this section must be given in accordance with rules of court before the end of the permitted period, which is 7 days starting with the day on which the order for the person’s discharge is made.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I36Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

29Court’s powers on appeal under section 28E+W+S+N.I.

(1)On an appeal under section 28 the High Court may—

(a)allow the appeal;

(b)dismiss the appeal.

(2)The court may allow the appeal only if the conditions in subsection (3) or the conditions in subsection (4) are satisfied.

(3)The conditions are that—

(a)the judge ought to have decided the relevant question differently;

(b)if he had decided the question in the way he ought to have done, he would not have been required to order the person’s discharge.

(4)The conditions are that—

(a)an issue is raised that was not raised at the extradition hearing or evidence is available that was not available at the extradition hearing;

(b)the issue or evidence would have resulted in the judge deciding the relevant question differently;

(c)if he had decided the question in that way, he would not have been required to order the person’s discharge.

(5)If the court allows the appeal it must—

(a)quash the order discharging the person;

(b)remit the case to the judge;

(c)direct him to proceed as he would have been required to do if he had decided the relevant question differently at the extradition hearing.

(6)A question is the relevant question if the judge’s decision on it resulted in the order for the person’s discharge.

[F27(7)If the court allows the appeal it must remand the person in custody or on bail.

(8)If the court remands the person in custody it may later grant bail.F27]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I37Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

30Detention pending conclusion of appeal under section 28E+W+S+N.I.

(1)This section applies if immediately after the judge orders the person’s discharge the judge is informed by the authority which issued the Part 1 warrant that it intends to appeal under section 28.

(2)The judge must remand the person in custody or on bail while the appeal is pending.

(3)[F28If the person is remanded in custody, the appropriate judge may]F28 later grant bail.

(4)An appeal under section 28 ceases to be pending at the earliest of these times—

(a)when the proceedings on the appeal are discontinued;

[F29(b)when the High Court—

(i)allows the appeal, or

(ii)dismisses the appeal,

unless, where the appeal is dismissed, the authority immediately informs the court that it intends to apply for leave to appeal to the [F30Supreme Court]F30;]

F29(c)at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the [F30Supreme Court]F30 against the decision of the High Court on the appeal is granted [F31, if no appeal to the [F30Supreme Court]F30 is brought before the end of that period]F31;

(d)when there is no further step that can be taken by the authority which issued the Part 1 warrant in relation to the appeal (ignoring any power of a court to grant leave to take a step out of time).

(5)The preceding provisions of this section apply to Scotland with these modifications—

(a)in subsection (4)(b) omit the words from [F32unless]F32 to the end;

(b)omit subsection (4)(c).

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I38Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

31Appeal to High Court: time limit for start of hearingE+W+S+N.I.

(1)Rules of court must prescribe the period (the relevant period) within which the High Court must begin to hear an appeal under section 26 or 28.

(2)Rules of court must provide for the relevant period to start with the date on which the person in respect of whom a Part 1 warrant is issued—

(a)was arrested under section 5, if he was arrested under that section;

(b)was arrested under the Part 1 warrant, if he was not arrested under section 5.

(3)The High Court must begin to hear the appeal before the end of the relevant period.

(4)The High Court may extend the relevant period if it believes it to be in the interests of justice to do so; and this subsection may apply more than once.

(5)The power in subsection (4) may be exercised even after the end of the relevant period.

(6)If subsection (3) is not complied with and the appeal is under section 26—

(a)the appeal must be taken to have been allowed by a decision of the High Court;

(b)the person whose extradition has been ordered must be taken to have been discharged by the High Court;

(c)the order for the person’s extradition must be taken to have been quashed by the High Court.

(7)If subsection (3) is not complied with and the appeal is under section 28 the appeal must be taken to have been dismissed by a decision of the High Court.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I39Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

32Appeal to [F33Supreme CourtF33]E+W+S+N.I.

(1)An appeal lies to the [F34Supreme Court]F34 from a decision of the High Court on an appeal under section 26 or 28.

(2)An appeal under this section lies at the instance of—

(a)the person in respect of whom the Part 1 warrant was issued;

(b)the authority which issued the Part 1 warrant.

(3)An appeal under this section lies only with the leave of the High Court or the [F35Supreme Court]F35.

(4)Leave to appeal under this section must not be granted unless—

(a)the High Court has certified that there is a point of law of general public importance involved in the decision, and

(b)it appears to the court granting leave that the point is one which ought to be considered by the [F36Supreme Court]F36.

(5)An application to the High Court for leave to appeal under this section must be made before the end of the permitted period, which is 14 days starting with the day on which the court makes its decision on the appeal to it.

(6)An application to the [F37Supreme Court]F37 for leave to appeal under this section must be made before the end of the permitted period, which is 14 days starting with the day on which the High Court refuses leave to appeal.

(7)If leave to appeal under this section is granted, the appeal must be brought before the end of the permitted period, which is 28 days starting with the day on which leave is granted.

(8)If subsection (7) is not complied with—

(a)the appeal must be taken to have been brought;

(b)the appeal must be taken to have been dismissed by the [F38Supreme Court]F38 immediately after the end of the period permitted under that subsection.

(9)These must be ignored for the purposes of subsection (8)(b)—

(a)any power of a court to extend the period permitted for bringing the appeal;

(b)any power of a court to grant leave to take a step out of time.

[F39(10)The High Court may grant bail to a person appealing under this section, or applying for leave to appeal under this section, against the dismissal of his appeal under section 26.]

F39(11)Section 5 of the Appellate Jurisdiction Act 1876 (c. 59) (composition of House of Lords for hearing and determination of appeals) applies in relation to an appeal under this section or an application for leave to appeal under this section as it applies in relation to an appeal under that Act.

(12)An order of the House of Lords which provides for an application for leave to appeal under this section to be determined by a committee constituted in accordance with section 5 of the Appellate Jurisdiction Act 1876 may direct that the decision of the committee is taken on behalf of the House.

(13)The preceding provisions of this section do not apply to Scotland.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I40Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

33Powers of [F40Supreme Court]F40 on appeal under section 32E+W+S+N.I.

(1)On an appeal under section 32 the [F41Supreme Court]F41 may—

(a)allow the appeal;

(b)dismiss the appeal.

(2)Subsection (3) applies if—

(a)the person in respect of whom the Part 1 warrant was issued brings an appeal under section 32, and

(b)the [F41Supreme Court]F41 allows the appeal.

(3)The [F41Supreme Court]F41 must—

(a)order the person’s discharge;

(b)quash the order for his extradition, if the appeal was against a decision of the High Court to dismiss an appeal under section 26.

(4)Subsection (5) applies if—

(a)the High Court allows an appeal under section 26 by the person in respect of whom the Part 1 warrant was issued,

(b)the authority which issued the warrant brings an appeal under section 32 against the decision of the High Court, and

(c)the [F41Supreme Court]F41 allows the appeal.

(5)The [F41Supreme Court]F41 must—

(a)quash the order of the High Court under section 27(5) discharging the person;

(b)order the person to be extradited to the category 1 territory in which the warrant was issued.

(6)Subsections (7) and (8) apply if—

(a)the High Court dismisses an appeal under section 28 against a decision made by the judge at the extradition hearing,

(b)the authority which issued the Part 1 warrant brings an appeal under section 32 against the decision of the High Court, and

(c)the [F41Supreme Court]F41 allows the appeal.

(7)If the judge would have been required to order the person in respect of whom the warrant was issued to be extradited had he decided the relevant question differently, the [F41Supreme Court]F41 must—

(a)quash the order of the judge discharging the person;

(b)order the person to be extradited to the category 1 territory in which the warrant was issued.

(8)In any other case, the [F41Supreme Court]F41 must—

(a)quash the order of the judge discharging the person in respect of whom the warrant was issued;

(b)remit the case to the judge;

(c)direct him to proceed as he would have been required to do if he had decided the relevant question differently at the extradition hearing.

(9)A question is the relevant question if the judge’s decision on it resulted in the order for the person’s discharge.

[F42(10)In a case where—

(a)subsection (5) applies, or

(b)subsections (7) and (8) apply,

the [F41Supreme Court]F41 must remand, in custody or on bail, the person in respect of whom the warrant was issued.

(11)If the [F41Supreme Court]F41 remands the person in custody the High Court may later grant bail.F42]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I41Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[F4333ADetention pending conclusion of certain appeals under section 32E+W+S+N.I.

(1)This section applies if immediately after the High Court orders the person's discharge the court is informed by the authority which issued the Part 1 warrant that it intends to appeal under section 32.

(2)The court must remand the person in custody or on bail while the appeal under section 32 is pending.

(3)If the court remands the person in custody it may later grant bail.

(4)An appeal under section 32 ceases to be pending at the earliest of these times—

(a)when the proceedings on the appeal are discontinued;

(b)at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the House of Lords against the decision of the High Court on the appeal under section 26 is granted, if no appeal to the House of Lords is brought before the end of that period;

(c)when there is no further step that can be taken by the authority which issued the Part 1 warrant in relation to the appeal (ignoring any power of a court to grant leave to take a step out of time).

(5)The preceding provisions of this section do not apply to Scotland.]

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I42Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

34Appeals: generalE+W+S+N.I.

A decision of the judge under this Part may be questioned in legal proceedings only by means of an appeal under this Part.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I43Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Time for extraditionE+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I44Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

35Extradition where no appealE+W+S+N.I.

(1)This section applies if—

(a)the appropriate judge orders a person’s extradition to a category 1 territory under this Part, and

(b)no notice of an appeal under section 26 is given before the end of the period permitted under that section.

(2)But this section does not apply if the order is made under section 46 or 48.

(3)The person must be extradited to the category 1 territory before the end of the required period.

(4)The required period is—

(a)10 days starting with [F44the first day after the period permitted under section 26 for giving notice of appeal against the judge's order]F44, or

(b)if the judge and the authority which issued the Part 1 warrant agree a later date, 10 days starting with the later date.

(5)If subsection (3) is not complied with and the person applies to the appropriate judge to be discharged the judge must order his discharge, unless reasonable cause is shown for the delay.

(6)These must be ignored for the purposes of subsection (1)(b)—

(a)any power of a court to extend the period permitted for giving notice of appeal;

(b)any power of a court to grant leave to take a step out of time.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I45Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

36Extradition following appealE+W+S+N.I.

(1)This section applies if—

(a)there is an appeal to the High Court under section 26 against an order for a person’s extradition to a category 1 territory, and

(b)the effect of the decision of the relevant court on the appeal is that the person is to be extradited there.

(2)The person must be extradited to the category 1 territory before the end of the required period.

(3)The required period is—

(a)10 days starting with the day on which the decision of the relevant court on the appeal becomes final or proceedings on the appeal are discontinued, or

(b)if the relevant court and the authority which issued the Part 1 warrant agree a later date, 10 days starting with the later date.

(4)The relevant court is—

(a)the High Court, if there is no appeal to the [F45Supreme Court]F45 against the decision of the High Court on the appeal;

(b)the [F45Supreme Court]F45, if there is such an appeal.

(5)The decision of the High Court on the appeal becomes final—

(a)when the period permitted for applying to the High Court for leave to appeal to the [F45Supreme Court]F45 ends, if there is no such application;

(b)when the period permitted for applying to the [F45Supreme Court]F45 for leave to appeal to it ends, if the High Court refuses leave to appeal and there is no application to the [F45Supreme Court]F45 for leave to appeal;

(c)when the [F45Supreme Court]F45 refuses leave to appeal to it;

(d)at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the [F45Supreme Court]F45 is granted, if no such appeal is brought before the end of that period.

(6)These must be ignored for the purposes of subsection (5)—

(a)any power of a court to extend the period permitted for applying for leave to appeal;

(b)any power of a court to grant leave to take a step out of time.

(7)The decision of the [F45Supreme Court]F45 on the appeal becomes final when it is made.

(8)If subsection (2) is not complied with and the person applies to the appropriate judge to be discharged the judge must order his discharge, unless reasonable cause is shown for the delay.

(9)The preceding provisions of this section apply to Scotland with these modifications—

(a)in subsections (1) and (3) for “relevant court” substitute “ High Court ”;

(b)omit subsections (4) to (7).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I46Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

37Undertaking in relation to person serving sentence in United KingdomE+W+S+N.I.

(1)This section applies if—

(a)the appropriate judge orders a person’s extradition to a category 1 territory under this Part;

(b)the person is serving a sentence of imprisonment or another form of detention in the United Kingdom [F46, either—

(i)in custody, or

(ii)on licence]F46.

(2)But this section does not apply if the order is made under section 46 or 48.

(3)The judge may make the order for extradition subject to the condition that extradition is not to take place before he receives an undertaking given on behalf of the category 1 territory in terms specified by him.

(4)The terms which may be specified by the judge in relation to a person [F47within subsection (1)(b)(i) who is]F47 accused in a category 1 territory of the commission of an offence include terms—

(a)that the person be kept in custody until the conclusion of the proceedings against him for the offence and any other offence in respect of which he is permitted to be dealt with in the category 1 territory;

(b)that the person be returned to the United Kingdom to serve the remainder of his sentence on the conclusion of those proceedings.

[F48(4A)The terms which may be specified by the judge in relation to a person within subsection (1)(b)(ii) who is accused in a category 1 territory of the commission of an offence include terms that the person be returned to the United Kingdom to serve the remainder of his sentence after serving any sentence imposed on him in the category 1 territory for—

(a)the offence, and

(b)any other offence in respect of which he is permitted to be dealt with in the category 1 territory.]

F48(5)The terms which may be specified by the judge in relation to a person alleged to be unlawfully at large after conviction of an offence by a court in a category 1 territory include terms that the person be returned to the United Kingdom to serve the remainder of his sentence after serving any sentence imposed on him in the category 1 territory for—

(a)the offence, and

(b)any other offence in respect of which he is permitted to be dealt with in the category 1 territory.

(6)Subsections (7) and (8) apply if the judge makes an order for extradition subject to a condition under subsection (3).

(7)If the judge does not receive the undertaking before the end of the period of 21 days starting with the day on which he makes the order and the person applies to the appropriate judge to be discharged, the judge must order his discharge.

(8)If the judge receives the undertaking before the end of that period—

(a)in a case where section 35 applies, the required period for the purposes of section 35(3) is 10 days starting with the day on which the judge receives the undertaking;

(b)in a case where section 36 applies, the required period for the purposes of section 36(2) is 10 days starting with the day on which the decision of the relevant court on the appeal becomes final (within the meaning of that section) or (if later) the day on which the judge receives the undertaking.

[F49Paragraph (a) applies only if the day mentioned in that paragraph is later than the day mentioned in section 35(4)(a).F49]

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Amendments (Textual)

Commencement Information

I47Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

38Extradition following deferral for competing claimE+W+S+N.I.

(1)This section applies if—

(a)an order is made under this Part for a person to be extradited to a category 1 territory in pursuance of a Part 1 warrant;

(b)before the person is extradited to the territory an order is made under section 44(4)(b) or 179(2)(b) for the person’s extradition in pursuance of the warrant to be deferred;

(c)the appropriate judge makes an order under section 181(2) for the person’s extradition in pursuance of the warrant to cease to be deferred.

(2)But this section does not apply if the order for the person’s extradition is made under section 46 or 48.

(3)In a case where section 35 applies, the required period for the purposes of section 35(3) is 10 days starting with the day on which the order under section 181(2) is made.[F50 This subsection applies only if the day on which the order is made is later than the day mentioned in section 35(4)(a).]

F50(4)In a case where section 36 applies, the required period for the purposes of section 36(2) is 10 days starting with the day on which the decision of the relevant court on the appeal becomes final (within the meaning of that section) or (if later) the day on which the order under section 181(2) is made.

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Amendments (Textual)

Commencement Information

I48Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

39Asylum claimE+W+S+N.I.

(1)This section applies if—

(a)a person in respect of whom a Part 1 warrant is issued makes an asylum claim at any time in the relevant period;

(b)an order is made under this Part for the person to be extradited in pursuance of the warrant.

(2)The relevant period is the period—

(a)starting when a certificate is issued under section 2 in respect of the warrant;

(b)ending when the person is extradited in pursuance of the warrant.

(3)The person must not be extradited in pursuance of the warrant before the asylum claim is finally determined; and sections 35, 36, 47 and 49 have effect subject to this.

(4)Subsection (3) is subject to section 40.

(5)If the Secretary of State allows the asylum claim, the claim is finally determined when he makes his decision on the claim.

(6)If the Secretary of State rejects the asylum claim, the claim is finally determined—

(a)when the Secretary of State makes his decision on the claim, if there is no right to appeal against the Secretary of State’s decision on the claim;

(b)when the period permitted for appealing against the Secretary of State’s decision on the claim ends, if there is such a right but there is no such appeal;

(c)when the appeal against that decision is finally determined or is withdrawn or abandoned, if there is such an appeal.

(7)An appeal against the Secretary of State’s decision on an asylum claim is not finally determined for the purposes of subsection (6) at any time when a further appeal or an application for leave to bring a further appeal—

(a)has been instituted and has not been finally determined or withdrawn or abandoned, or

(b)may be brought.

(8)The remittal of an appeal is not a final determination for the purposes of subsection (7).

(9)The possibility of an appeal out of time with leave must be ignored for the purposes of subsections (6) and (7).

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Commencement Information

I49Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

40Certificate in respect of asylum claimantE+W+S+N.I.

(1)Section 39(3) does not apply in relation to a person if the Secretary of State has certified that the conditions in subsection (2) or the conditions in subsection (3) are satisfied in relation to him.

(2)The conditions are that—

(a)the category 1 territory to which the person’s extradition has been ordered has accepted that, under standing arrangements, it is the responsible State in relation to the person’s asylum claim;

(b)in the opinion of the Secretary of State, the person is not a national or citizen of the territory.

(3)The conditions are that, in the opinion of the Secretary of State—

(a)the person is not a national or citizen of the category 1 territory to which his extradition has been ordered;

(b)the person’s life and liberty would not be threatened in that territory by reason of his race, religion, nationality, political opinion or membership of a particular social group;

(c)the government of the territory would not send the person to another country otherwise than in accordance with the Refugee Convention.

(4)In this section—

  • the Refugee Convention” has the meaning given by section 167(1) of the Immigration and Asylum Act 1999 (c. 33);

  • standing arrangements” means arrangements in force between the United Kingdom and the category 1 territory for determining which State is responsible for considering applications for asylum.

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Commencement Information

I50Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Withdrawal of Part 1 warrantE+W+S+N.I.

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Commencement Information

I51Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

41Withdrawal of warrant before extraditionE+W+S+N.I.

(1)This section applies if at any time in the relevant period the appropriate judge is informed by the designated authority that a Part 1 warrant issued in respect of a person has been withdrawn.

(2)The relevant period is the period—

(a)starting when the person is first brought before the appropriate judge following his arrest under this Part;

(b)ending when the person is extradited in pursuance of the warrant or discharged.

(3)The judge must order the person’s discharge.

(4)If the person is not before the judge at the time the judge orders his discharge, the judge must inform him of the order as soon as practicable.

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Commencement Information

I52Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

42Withdrawal of warrant while appeal to High Court pendingE+W+S+N.I.

(1)This section applies if at any time in the relevant period the High Court is informed by the designated authority that a Part 1 warrant issued in respect of a person has been withdrawn.

(2)The relevant period is the period—

(a)starting when notice of an appeal to the court is given by the person or the authority which issued the warrant;

(b)ending when proceedings on the appeal are discontinued or the court makes its decision on the appeal.

(3)The court must—

(a)if the appeal is under section 26, order the person’s discharge and quash the order for his extradition;

(b)if the appeal is under section 28, dismiss the appeal.

(4)If the person is not before the court at the time the court orders his discharge, the court must inform him of the order as soon as practicable.

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Commencement Information

I53Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

43Withdrawal of warrant while appeal to [F51Supreme Court]F51 pendingE+W+S+N.I.

(1)This section applies if at any time in the relevant period the [F52Supreme Court]F52 is informed by the designated authority that a Part 1 warrant issued in respect of a person has been withdrawn.

(2)The relevant period is the period—

(a)starting when leave to appeal to the [F52Supreme Court]F52 is granted to the person or the authority which issued the warrant;

(b)ending when proceedings on the appeal are discontinued or the [F52Supreme Court]F52 makes its decision on the appeal.

(3)If the appeal is brought by the person in respect of whom the warrant was issued the [F52Supreme Court]F52 must—

(a)order the person’s discharge;

(b)quash the order for his extradition, in a case where the appeal was against a decision of the High Court to dismiss an appeal under section 26.

(4)If the appeal is brought by the authority which issued the warrant the [F52Supreme Court]F52 must dismiss the appeal.

(5)If the person is not before the [F52Supreme Court]F52 at the time it orders his discharge, the [F52Supreme Court]F52 must inform him of the order as soon as practicable.

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Amendments (Textual)

Commencement Information

I54Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Competing Part 1 warrantsE+W+S+N.I.

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Commencement Information

I55Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

44Competing Part 1 warrantsE+W+S+N.I.

(1)This section applies if at any time in the relevant period the conditions in subsection (3) are satisfied in relation to a person in respect of whom a Part 1 warrant has been issued.

(2)The relevant period is the period—

(a)starting when the person is first brought before the appropriate judge following his arrest under this Part;

(b)ending when the person is extradited in pursuance of the warrant or discharged.

(3)The conditions are that—

(a)the judge is informed that another Part 1 warrant has been issued in respect of the person;

(b)the other warrant falls to be dealt with by the judge or by a judge who is the appropriate judge in another part of the United Kingdom;

(c)the other warrant has not been disposed of.

(4)The judge may—

(a)order further proceedings on the warrant under consideration to be deferred until the other warrant has been disposed of, if the warrant under consideration has not been disposed of;

(b)order the person’s extradition in pursuance of the warrant under consideration to be deferred until the other warrant has been disposed of, if an order for his extradition in pursuance of the warrant under consideration has been made.

(5)If the judge makes an order under subsection (4) and the person is not already remanded in custody or on bail, the judge must remand the person in custody or on bail.

(6)[F53If the person is remanded in custody, the appropriate judge may]F53 later grant bail.

(7)In applying subsection (4) the judge must take account in particular of these matters—

(a)the relative seriousness of the offences concerned;

(b)the place where each offence was committed (or was alleged to have been committed);

(c)the date on which each warrant was issued;

(d)whether, in the case of each offence, the person is accused of its commission (but not alleged to have been convicted) or is alleged to be unlawfully at large after conviction.

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Amendments (Textual)

Commencement Information

I56Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Consent to extraditionE+W+S+N.I.

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Commencement Information

I57Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

45Consent to extraditionE+W+S+N.I.

(1)A person arrested under a Part 1 warrant may consent to his extradition to the category 1 territory in which the warrant was issued.

(2)A person arrested under section 5 may consent to his extradition to the category 1 territory referred to in subsection (1) of that section.

(3)If a person consents to his extradition under this section he must be taken to have waived any right he would have (apart from the consent) not to be dealt with in the category 1 territory for an offence committed before his extradition.

(4)Consent under this section—

(a)must be given before the appropriate judge;

(b)must be recorded in writing;

(c)is irrevocable.

(5)A person may not give his consent under this section unless—

(a)he is legally represented before the appropriate judge at the time he gives consent, or

(b)he is a person to whom subsection (6) applies.

(6)This subsection applies to a person if—

(a)he has been informed of his right to apply for legal aid and has had the opportunity to apply for legal aid, but he has refused or failed to apply;

(b)he has applied for legal aid but his application has been refused;

(c)he was granted legal aid but the legal aid was withdrawn.

(7)In subsection (6) “legal aid” means—

(a)in England and Wales, a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service;

(b)in Scotland, such legal aid as is available by virtue of section 183(a) of this Act;

(c)in Northern Ireland, such free legal aid as is available by virtue of sections 184 and 185 of this Act.

(8)For the purposes of subsection (5) a person is to be treated as legally represented before the appropriate judge if (and only if) he has the assistance of counsel or a solicitor to represent him in the proceedings before the appropriate judge.

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Commencement Information

I58Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

46Extradition order following consentE+W+S+N.I.

(1)This section applies if a person consents to his extradition under section 45.

(2)The judge must remand the person in custody or on bail.

(3)[F54If the person is remanded in custody, the appropriate judge may]F54 later grant bail.

(4)If the judge has not fixed a date under section 8 on which the extradition hearing is to begin he is not required to do so.

(5)If the extradition hearing has begun the judge is no longer required to proceed or continue proceeding under sections 10 to 25.

(6)The judge must within the period of 10 days starting with the day on which consent is given order the person’s extradition to the category 1 territory.

(7)Subsection (6) has effect subject to sections 48 and 51.

(8)If subsection (6) is not complied with and the person applies to the judge to be discharged the judge must order his discharge.

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Amendments (Textual)

Commencement Information

I59Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

47Extradition to category 1 territory following consentE+W+S+N.I.

(1)This section applies if the appropriate judge makes an order under section 46(6) for a person’s extradition to a category 1 territory.

(2)The person must be extradited to the category 1 territory before the end of the required period.

(3)The required period is—

(a)10 days starting with the day on which the order is made, or

(b)if the judge and the authority which issued the Part 1 warrant agree a later date, 10 days starting with the later date.

(4)If subsection (2) is not complied with and the person applies to the judge to be discharged the judge must order his discharge, unless reasonable cause is shown for the delay.

(5)If before the person is extradited to the category 1 territory the judge is informed by the designated authority that the Part 1 warrant has been withdrawn—

(a)subsection (2) does not apply, and

(b)the judge must order the person’s discharge.

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Commencement Information

I60Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

48Other warrant issued following consentE+W+S+N.I.

(1)This section applies if—

(a)a person consents under section 45 to his extradition to a category 1 territory, and

(b)the conditions in subsection (2) are satisfied before the judge orders his extradition under section 46(6).

(2)The conditions are that—

(a)the judge is informed that another Part 1 warrant has been issued in respect of the person;

(b)the warrant falls to be dealt with by the judge or by a judge who is the appropriate judge in another part of the United Kingdom;

(c)the warrant has not been disposed of.

(3)Section 46(6) does not apply but the judge may—

(a)order the person’s extradition in pursuance of his consent, or

(b)order further proceedings on the warrant under consideration to be deferred until the other warrant has been disposed of.

(4)Subsection (3) is subject to section 51.

(5)In applying subsection (3) the judge must take account in particular of these matters—

(a)the relative seriousness of the offences concerned;

(b)the place where each offence was committed (or was alleged to have been committed);

(c)the date on which each warrant was issued;

(d)whether, in the case of each offence, the person is accused of its commission (but not alleged to have been convicted) or is alleged to be unlawfully at large after conviction.

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Commencement Information

I61Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

49Other warrant issued: extradition to category 1 territoryE+W+S+N.I.

(1)This section applies if the appropriate judge makes an order under section 48(3)(a) for a person’s extradition to a category 1 territory.

(2)The person must be extradited to the category 1 territory before the end of the required period.

(3)The required period is—

(a)10 days starting with the day on which the order is made, or

(b)if the judge and the authority which issued the Part 1 warrant agree a later date, 10 days starting with the later date.

(4)If subsection (2) is not complied with and the person applies to the judge to be discharged the judge must order his discharge, unless reasonable cause is shown for the delay.

(5)If before the person is extradited to the category 1 territory the judge is informed by the designated authority that the Part 1 warrant has been withdrawn—

(a)subsection (2) does not apply, and

(b)the judge must order the person’s discharge.

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Commencement Information

I62Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

50Other warrant issued: proceedings deferredE+W+S+N.I.

(1)This section applies if the appropriate judge makes an order under section 48(3)(b) for further proceedings on a Part 1 warrant to be deferred.

(2)The judge must remand the person in respect of whom the warrant was issued in custody or on bail.

(3)[F55If the person is remanded in custody, the appropriate judge may]F55 later grant bail.

(4)If an order is made under section 180 for proceedings on the warrant to be resumed, the period specified in section 46(6) must be taken to be 10 days starting with the day on which the order under section 180 is made.

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Amendments (Textual)

Commencement Information

I63Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

51Extradition request following consentE+W+S+N.I.

(1)This section applies if—

(a)a person in respect of whom a Part 1 warrant is issued consents under section 45 to his extradition to the category 1 territory in which the warrant was issued, and

(b)the condition in subsection (2) is satisfied before the judge orders his extradition under section 46(6) or 48(3)(a).

(2)The condition is that the judge is informed that—

(a)a certificate has been issued under section 70 in respect of a request for the person’s extradition;

(b)the request has not been disposed of.

(3)The judge must not make an order under section 46(6) or 48(3) until he is informed what order has been made under section 179(2).

(4)If the order under section 179(2) is for further proceedings on the warrant to be deferred until the request has been disposed of, the judge must remand the person in custody or on bail.

(5)[F56If the person is remanded in custody, the appropriate judge may]F56 later grant bail.

(6)If—

(a)the order under section 179(2) is for further proceedings on the warrant to be deferred until the request has been disposed of, and

(b)an order is made under section 180 for proceedings on the warrant to be resumed,

the period specified in section 46(6) must be taken to be 10 days starting with the day on which the order under section 180 is made.

(7)If the order under section 179(2) is for further proceedings on the request to be deferred until the warrant has been disposed of, the period specified in section 46(6) must be taken to be 10 days starting with the day on which the judge is informed of the order.

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Amendments (Textual)

Commencement Information

I64Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

52Undertaking in relation to person serving sentenceE+W+S+N.I.

(1)This section applies if—

(a)the appropriate judge makes an order under section 46(6) or 48(3)(a) for a person’s extradition to a category 1 territory;

(b)the person is serving a sentence of imprisonment or another form of detention in the United Kingdom [F57, either—

(i)in custody, or

(ii)on licence]

F57.

(2)The judge may make the order for extradition subject to the condition that extradition is not to take place before he receives an undertaking given on behalf of the category 1 territory in terms specified by him.

(3)The terms which may be specified by the judge in relation to a person [F58within subsection (1)(b)(i) who is]F58 accused in a category 1 territory of the commission of an offence include terms—

(a)that the person be kept in custody until the conclusion of the proceedings against him for the offence and any other offence in respect of which he is permitted to be dealt with in the category 1 territory;

(b)that the person be returned to the United Kingdom to serve the remainder of his sentence on the conclusion of those proceedings.

[F59(3A)The terms which may be specified by the judge in relation to a person within subsection (1)(b)(ii) who is accused in a category 1 territory of the commission of an offence include terms that the person be returned to the United Kingdom to serve the remainder of his sentence after serving any sentence imposed on him in the category 1 territory for—

(a)the offence, and

(b)any other offence in respect of which he is permitted to be dealt with in the category 1 territory.]

F59(4)The terms which may be specified by the judge in relation to a person alleged to be unlawfully at large after conviction of an offence by a court in a category 1 territory include terms that the person be returned to the United Kingdom to serve the remainder of his sentence after serving any sentence imposed on him in the category 1 territory for—

(a)the offence, and

(b)any other offence in respect of which he is permitted to be dealt with in the category 1 territory.

(5)If the judge makes an order for extradition subject to a condition under subsection (2) the required period for the purposes of sections 47(2) and 49(2) is 10 days starting with the day on which the judge receives the undertaking.

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Amendments (Textual)

Commencement Information

I65Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

53Extradition following deferral for competing claimE+W+S+N.I.

(1)This section applies if—

(a)an order is made under section 46(6) or 48(3)(a) for a person to be extradited to a category 1 territory in pursuance of a Part 1 warrant;

(b)before the person is extradited to the territory an order is made under section 44(4)(b) or 179(2)(b) for the person’s extradition in pursuance of the warrant to be deferred;

(c)the appropriate judge makes an order under section 181(2) for the person’s extradition in pursuance of the warrant to cease to be deferred.

(2)The required period for the purposes of sections 47(2) and 49(2) is 10 days starting with the day on which the order under section 181(2) is made.

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Commencement Information

I66Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Post-extradition mattersE+W+S+N.I.

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Commencement Information

I67Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

54Request for consent to other offence being dealt withE+W+S+N.I.

(1)This section applies if—

(a)a person is extradited to a category 1 territory in respect of an offence in accordance with this Part;

(b)the appropriate judge receives a request for consent to the person being dealt with in the territory for another offence;

(c)the request is certified under this section by the designated authority.

(2)The designated authority may certify a request for consent under this section if it believes that the authority making the request—

(a)is a judicial authority of the territory, and

(b)has the function of making requests for the consent referred to in subsection (1)(b) in that territory.

(3)A certificate under subsection (2) must certify that the authority making the request falls within paragraphs (a) and (b) of that subsection.

(4)The judge must serve notice on the person that he has received the request for consent, unless he is satisfied that it would not be practicable to do so.

(5)The consent hearing must begin before the end of the required period, which is 21 days starting with the day on which the request for consent is received by the designated authority.

(6)The judge may extend the required period if he believes it to be in the interests of justice to do so; and this subsection may apply more than once.

(7)The power in subsection (6) may be exercised even after the end of the required period.

(8)If the consent hearing does not begin before the end of the required period and the judge does not exercise the power in subsection (6) to extend the period, he must refuse consent.

(9)The judge may at any time adjourn the consent hearing.

(10)The consent hearing is the hearing at which the judge is to consider the request for consent.

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Commencement Information

I68Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

55Questions for decision at consent hearingE+W+S+N.I.

(1)At the consent hearing under section 54 the judge must decide whether consent is required to the person being dealt with in the territory for the offence for which consent is requested.

(2)If the judge decides the question in subsection (1) in the negative he must inform the authority making the request of his decision.

(3)If the judge decides that question in the affirmative he must decide whether the offence for which consent is requested is an extradition offence.

(4)If the judge decides the question in subsection (3) in the negative he must refuse consent.

(5)If the judge decides that question in the affirmative he must decide whether he would order the person’s extradition under sections 11 to 25 if—

(a)the person were in the United Kingdom, and

(b)the judge were required to proceed under section 11 in respect of the offence for which consent is requested.

(6)If the judge decides the question in subsection (5) in the affirmative he must give consent.

(7)If the judge decides that question in the negative he must refuse consent.

(8)Consent is not required to the person being dealt with in the territory for the offence if the person has been given an opportunity to leave the territory and—

(a)he has not done so before the end of the permitted period, or

(b)if he did so before the end of the permitted period, he has returned there.

(9)The permitted period is 45 days starting with the day on which the person arrived in the territory following his extradition there in accordance with this Part.

(10)Subject to subsection (8), the judge must decide whether consent is required to the person being dealt with in the territory for the offence by reference to what appears to him to be the law of the territory or arrangements made between the territory and the United Kingdom.

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Commencement Information

I69Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

56Request for consent to further extradition to category 1 territoryE+W+S+N.I.

(1)This section applies if—

(a)a person is extradited to a category 1 territory (the requesting territory) in accordance with this Part;

(b)the appropriate judge receives a request for consent to the person’s extradition to another category 1 territory for an offence;

(c)the request is certified under this section by the designated authority.

(2)The designated authority may certify a request for consent under this section if it believes that the authority making the request—

(a)is a judicial authority of the requesting territory, and

(b)has the function of making requests for the consent referred to in subsection (1)(b) in that territory.

(3)A certificate under subsection (2) must certify that the authority making the request falls within paragraphs (a) and (b) of that subsection.

(4)The judge must serve notice on the person that he has received the request for consent, unless he is satisfied that it would not be practicable to do so.

(5)The consent hearing must begin before the end of the required period, which is 21 days starting with the day on which the request for consent is received by the designated authority.

(6)The judge may extend the required period if he believes it to be in the interests of justice to do so; and this subsection may apply more than once.

(7)The power in subsection (6) may be exercised even after the end of the required period.

(8)If the consent hearing does not begin before the end of the required period and the judge does not exercise the power in subsection (6) to extend the period, he must refuse consent.

(9)The judge may at any time adjourn the consent hearing.

(10)The consent hearing is the hearing at which the judge is to consider the request for consent.

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Commencement Information

I70Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

57Questions for decision at consent hearingE+W+S+N.I.

(1)At the consent hearing under section 56 the judge must decide whether consent is required to the person’s extradition to the other category 1 territory for the offence.

(2)If the judge decides the question in subsection (1) in the negative he must inform the authority making the request of his decision.

(3)If the judge decides that question in the affirmative he must decide whether the offence is an extradition offence in relation to the category 1 territory referred to in section 56(1)(b).

(4)If the judge decides the question in subsection (3) in the negative he must refuse consent.

(5)If the judge decides that question in the affirmative he must decide whether he would order the person’s extradition under sections 11 to 25 if—

(a)the person were in the United Kingdom, and

(b)the judge were required to proceed under section 11 in respect of the offence for which consent is requested.

(6)If the judge decides the question in subsection (5) in the affirmative he must give consent.

(7)If the judge decides that question in the negative he must refuse consent.

(8)Consent is not required to the person’s extradition to the other territory for the offence if the person has been given an opportunity to leave the requesting territory and—

(a)he has not done so before the end of the permitted period, or

(b)if he did so before the end of the permitted period, he has returned there.

(9)The permitted period is 45 days starting with the day on which the person arrived in the requesting territory following his extradition there in accordance with this Part.

(10)Subject to subsection (8), the judge must decide whether consent is required to the person’s extradition to the other territory for the offence by reference to what appears to him to be the arrangements made between the requesting territory and the United Kingdom.

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Commencement Information

I71Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

58Consent to further extradition to category 2 territoryE+W+S+N.I.

(1)This section applies if—

(a)a person is extradited to a category 1 territory (the requesting territory) in accordance with this Part;

(b)the Secretary of State receives a request for consent to the person’s extradition to a category 2 territory for an offence;

(c)the request is certified under this section by the designated authority.

(2)The designated authority may certify a request for consent under this section if it believes that the authority making the request—

(a)is a judicial authority of the requesting territory, and

(b)has the function of making requests for the consent referred to in subsection (1)(b) in that territory.

(3)A certificate under subsection (2) must certify that the authority making the request falls within paragraphs (a) and (b) of that subsection.

(4)The Secretary of State must serve notice on the person that he has received the request for consent, unless he is satisfied that it would not be practicable to do so.

(5)The Secretary of State must decide whether the offence is an extradition offence within the meaning given by section 137 in relation to the category 2 territory.

(6)If the Secretary of State decides the question in subsection (5) in the negative he must refuse consent.

(7)If the Secretary of State decides that question in the affirmative he must decide whether the appropriate judge would send the case to him (for his decision whether the person was to be extradited) under sections 79 to 91 if—

(a)the person were in the United Kingdom, and

(b)the judge were required to proceed under section 79 in respect of the offence for which the Secretary of State’s consent is requested.

(8)If the Secretary of State decides the question in subsection (7) in the negative he must refuse his consent.

(9)If the Secretary of State decides that question in the affirmative he must decide whether, if the person were in the United Kingdom, his extradition to the category 2 territory in respect of the offence would be prohibited under section 94, 95 or 96.

(10)If the Secretary of State decides the question in subsection (9) in the negative he may give consent.

(11)If the Secretary of State decides that question in the affirmative he must refuse consent.

(12)This section applies in relation to any function which falls under this section to be exercised in relation to Scotland only as if the references in this section to the Secretary of State were to the Scottish Ministers.

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Commencement Information

I72Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[F6059Return of person to serve remainder of sentenceE+W+S+N.I.

(1)This section applies if—

(a)a person who is serving a sentence of imprisonment or another form of detention in the United Kingdom is extradited to a category 1 territory in accordance with this Part;

(b)the person is returned to the United Kingdom to serve the remainder of the sentence or the person otherwise returns to the United Kingdom.

(2)Time during which the person was outside the United Kingdom as a result of the extradition does not count as time served by the person as part of the sentence.

(3)But subsection (2) does not apply if—

(a)the person was extradited for the purpose of being prosecuted for an offence, and

(b)the person has not been convicted of the offence or of any other offence in respect of which the person was permitted to be dealt with in the category 1 territory.

(4)In a case falling within subsection (3), time during which the person was outside the United Kingdom as a result of the extradition counts as time served by the person as part of the sentence if (and only if) it was spent in custody in connection with the offence or any other offence in respect of which the person was permitted to be dealt with in the territory.

(5)In a case where the person is not entitled to be released from detention pursuant to the sentence—

(a)the person is liable to be detained in pursuance of the sentence, and

(b)if at large, the person must be treated as being unlawfully at large.

(6)In a case where the person is entitled to be released from detention on licence pursuant to the sentence—

(a)if the person was released on licence at the time of extradition, the licence is suspended until the person's return;

(b)if the person was not released on licence at that time, subsections (7) to (10) apply in relation to the person (“the offender”).

(7)The offender is liable to be detained, on return, in any place in which the offender could have been detained pursuant to the sentence before the time of extradition.

(8)A constable or immigration officer may—

(a)take the offender into custody, and

(b)convey the offender to the place mentioned in subsection (7).

(9)The offender must be released on licence within the period of 5 days beginning when the offender is taken (or retaken) into custody under this section.

(10)In calculating a period of 5 days for the purposes of subsection (9) no account is to be taken of—

(a)any Saturday or Sunday,

(b)Christmas Day,

(c)Good Friday, or

(d)in any part of the United Kingdom, any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in that part of the United Kingdom.

(11)A person is entitled to be released from detention if there is—

(a)a duty to release the person under section 33(1), (1A) or (2) of the Criminal Justice Act 1991,

(b)a duty to release the person under section 244 of the Criminal Justice Act 2003 (other than temporarily on licence pursuant to an intermittent custody order under section 183(1)(b) of the Criminal Justice Act 2003),

(c)a duty to release the person under section 1, 1AA or 7(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 or section 5, 11(2), 13, 19 or 23 of the Custodial Sentences and Weapons (Scotland) Act 2007, or

(d)a duty to release the person under section 1 of the Northern Ireland (Remission of Sentences) Act 1995, Article 26 of the Criminal Justice (Northern Ireland) Order 1996 or Article 17 or 18(8) of the Criminal Justice (Northern Ireland) Order 2008.

(12)The powers conferred on a constable by subsection (8) are exercisable in any part of the United Kingdom.

(13)An immigration officer is a person who is an immigration officer within the meaning of the Immigration Act 1971.F60]

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Amendments (Textual)

Commencement Information

I73Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

CostsE+W+S+N.I.

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Commencement Information

I74Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

60Costs where extradition orderedE+W+S+N.I.

(1)This section applies if any of the following occurs in relation to a person in respect of whom a Part 1 warrant is issued—

(a)an order for the person’s extradition is made under this Part;

(b)the High Court dismisses an appeal under section 26;

(c)the High Court or the [F61Supreme Court]F61dismisses an application for leave to appeal to the [F61Supreme Court]F61 under section 32, if the application is made by the person;

(d)the [F61Supreme Court]F61 dismisses an appeal under section 32, if the appeal is brought by the person.

(2)In a case falling within subsection (1)(a), the appropriate judge may make such order as he considers just and reasonable with regard to the costs to be paid by the person.

(3)In a case falling within subsection (1)(b), (c) or (d), the court by which the application or appeal is dismissed may make such order as it considers just and reasonable with regard to the costs to be paid by the person.

(4)An order for costs under this section—

(a)must specify their amount;

(b)may name the person to whom they are to be paid.

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Amendments (Textual)

Commencement Information

I75Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

61Costs where discharge orderedE+W+S+N.I.

(1)This section applies if any of the following occurs in relation to a person in respect of whom a Part 1 warrant is issued—

(a)an order for the person’s discharge is made under this Part;

(b)the person is taken to be discharged under this Part;

(c)the High Court dismisses an appeal under section 28;

(d)the High Court or the [F62Supreme Court]F62 dismisses an application for leave to appeal to the [F62Supreme Court]F62 under section 32, if the application is made by the authority which issued the warrant;

(e)the [F62Supreme Court]F62 dismisses an appeal under section 32, if the appeal is brought by the authority which issued the warrant.

(2)In a case falling within subsection (1)(a), an order under subsection (5) in favour of the person may be made by—

(a)the appropriate judge, if the order for the person’s discharge is made by him;

(b)the High Court, if the order for the person’s discharge is made by it;

(c)the [F62Supreme Court]F62, if the order for the person’s discharge is made by it.

(3)In a case falling within subsection (1)(b), the appropriate judge may make an order under subsection (5) in favour of the person.

(4)In a case falling within subsection (1)(c), (d) or (e), the court by which the application or appeal is dismissed may make an order under subsection (5) in favour of the person.

(5)An order under this subsection in favour of a person is an order for a payment of the appropriate amount to be made to the person out of money provided by Parliament.

(6)The appropriate amount is such amount as the judge or court making the order under subsection (5) considers reasonably sufficient to compensate the person in whose favour the order is made for any expenses properly incurred by him in the proceedings under this Part.

(7)But if the judge or court making an order under subsection (5) is of the opinion that there are circumstances which make it inappropriate that the person in whose favour the order is made should recover the full amount mentioned in subsection (6), the judge or court must—

(a)assess what amount would in his or its opinion be just and reasonable;

(b)specify that amount in the order as the appropriate amount.

(8)Unless subsection (7) applies, the appropriate amount—

(a)must be specified in the order, if the court considers it appropriate for it to be so specified and the person in whose favour the order is made agrees the amount;

(b)must be determined in accordance with regulations made by the Lord Chancellor for the purposes of this section, in any other case.

[F63(9)In relation to proceedings in Northern Ireland (including proceedings in the Supreme Court on an appeal, or on an application for leave to appeal, from proceedings in Northern Ireland)—

(a)subsection (5) has effect as if for “out of money provided by Parliament” there were substituted by the Department of Justice in Northern Ireland;

(b)the power to make regulations under subsection (8)(b) is exercisable by the Department of Justice in Northern Ireland (and not by the Lord Chancellor).F63]

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Amendments (Textual)

Commencement Information

I76Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

62Costs where discharge ordered: supplementaryE+W+S+N.I.

(1)In England and Wales, subsections (1) and (3) of section 20 of the Prosecution of Offences Act 1985 (c. 23) (regulations for carrying Part 2 of that Act into effect) apply in relation to section 61 as those subsections apply in relation to Part 2 of that Act.

(2)As so applied those subsections have effect as if an order under section 61(5) were an order under Part 2 of that Act for a payment to be made out of central funds.

(3)In Northern Ireland, section 7 of the Costs in Criminal Cases Act (Northern Ireland) 1968 (c. 10) (rules relating to costs) applies in relation to section 61 as that section applies in relation to sections 2 to 5 of that Act.

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Commencement Information

I77Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Repatriation casesE+W+S+N.I.

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Commencement Information

I78Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

63Persons serving sentences outside territory where convictedE+W+S+N.I.

(1)This section applies if an arrest warrant is issued in respect of a person by an authority of a category 1 territory and the warrant contains the statement referred to in subsection (2).

(2)The statement is one that—

(a)the person is alleged to be unlawfully at large from a prison in one territory (the imprisoning territory) in which he was serving a sentence after conviction of an offence specified in the warrant by a court in another territory (the convicting territory), and

(b)the person was serving the sentence in pursuance of international arrangements for prisoners sentenced in one territory to be repatriated to another territory in order to serve their sentence, and

(c)the warrant is issued with a view to his arrest and extradition to the category 1 territory for the purpose of serving a sentence or another form of detention imposed in respect of the offence.

(3)If the category 1 territory is either the imprisoning territory or the convicting territory, section 2(2)(b) has effect as if the reference to the statement referred to in subsection (5) of that section were a reference to the statement referred to in subsection (2) of this section.

(4)If the category 1 territory is the imprisoning territory—

(a)section 2(6)(e) has effect as if “the category 1 territory” read “ the convicting territory ”;

(b)section 10(2) has effect as if “an extradition offence” read “ an extradition offence in relation to the convicting territory ”;

(c)section 20(5) has effect as if after “entitled” there were inserted “ in the convicting territory ”;

(d)section 37(5) has effect as if “a category 1 territory” read “ the convicting territory ” and as if “the category 1 territory” in both places read “ the convicting territory ”;

(e)section 52(4) has effect as if “a category 1 territory” read “ the convicting territory ” and as if “the category 1 territory” in both places read “ the convicting territory ”;

(f)section 65(1) has effect as if “a category 1 territory” read “ the convicting territory ”;

(g)section 65(2) has effect as if “the category 1 territory” in the opening words and paragraphs (a) and (c) read “ the convicting territory ” and as if “the category 1 territory” in paragraph (b) read “ the imprisoning territory ”;

(h)in section 65, subsections (3), (4), (5), (6) and (8) have effect as if “the category 1 territory” in each place read “ the convicting territory ”.

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Commencement Information

I79Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

InterpretationE+W+S+N.I.

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Commencement Information

I80Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

64Extradition offences: person not sentenced for offenceE+W+S+N.I.

(1)This section applies in relation to conduct of a person if—

(a)he is accused in a category 1 territory of the commission of an offence constituted by the conduct, or

(b)he is alleged to be unlawfully at large after conviction by a court in a category 1 territory of an offence constituted by the conduct and he has not been sentenced for the offence.

(2)The conduct constitutes an extradition offence in relation to the category 1 territory if these conditions are satisfied—

(a)the conduct occurs in the category 1 territory and no part of it occurs in the United Kingdom;

(b)a certificate issued by an appropriate authority of the category 1 territory shows that the conduct falls within the European framework list;

(c)the certificate shows that the conduct is punishable under the law of the category 1 territory with imprisonment or another form of detention for a term of 3 years or a greater punishment.

(3)The conduct also constitutes an extradition offence in relation to the category 1 territory if these conditions are satisfied—

(a)the conduct occurs in the category 1 territory;

(b)the conduct would constitute an offence under the law of the relevant part of the United Kingdom if it occurred in that part of the United Kingdom;

(c)the conduct is punishable under the law of the category 1 territory with imprisonment or another form of detention for a term of 12 months or a greater punishment (however it is described in that law).

(4)The conduct also constitutes an extradition offence in relation to the category 1 territory if these conditions are satisfied—

(a)the conduct occurs outside the category 1 territory;

(b)the conduct is punishable under the law of the category 1 territory with imprisonment or another form of detention for a term of 12 months or a greater punishment (however it is described in that law);

(c)in corresponding circumstances equivalent conduct would constitute an extra-territorial offence under the law of the relevant part of the United Kingdom punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment.

(5)The conduct also constitutes an extradition offence in relation to the category 1 territory if these conditions are satisfied—

(a)the conduct occurs outside the category 1 territory and no part of it occurs in the United Kingdom;

(b)the conduct would constitute an offence under the law of the relevant part of the United Kingdom punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment if it occurred in that part of the United Kingdom;

(c)the conduct is so punishable under the law of the category 1 territory (however it is described in that law).

(6)The conduct also constitutes an extradition offence in relation to the category 1 territory if these conditions are satisfied—

(a)the conduct occurs outside the category 1 territory and no part of it occurs in the United Kingdom;

(b)the conduct is punishable under the law of the category 1 territory with imprisonment or another form of detention for a term of 12 months or a greater punishment (however it is described in that law);

(c)the conduct constitutes or if committed in the United Kingdom would constitute an offence mentioned in subsection (7).

(7)The offences are—

(a)an offence under section 51 or 58 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity and war crimes);

(b)an offence under section 52 or 59 of that Act (conduct ancillary to genocide etc. committed outside the jurisdiction);

(c)an ancillary offence, as defined in section 55 or 62 of that Act, in relation to an offence falling within paragraph (a) or (b);

(d)an offence under section 1 of the International Criminal Court (Scotland) Act 2001 (asp 13) (genocide, crimes against humanity and war crimes);

(e)an offence under section 2 of that Act (conduct ancillary to genocide etc. committed outside the jurisdiction);

(f)an ancillary offence, as defined in section 7 of that Act, in relation to an offence falling within paragraph (d) or (e).

(8)For the purposes of subsections (3)(b), (4)(c) and (5)(b)—

(a)if the conduct relates to a tax or duty, it is immaterial that the law of the relevant part of the United Kingdom does not impose the same kind of tax or duty or does not contain rules of the same kind as those of the law of the category 1 territory;

(b)if the conduct relates to customs or exchange, it is immaterial that the law of the relevant part of the United Kingdom does not contain rules of the same kind as those of the law of the category 1 territory.

(9)This section applies for the purposes of this Part.

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Commencement Information

I81Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

65Extradition offences: person sentenced for offenceE+W+S+N.I.

(1)This section applies in relation to conduct of a person if—

(a)he is alleged to be unlawfully at large after conviction by a court in a category 1 territory of an offence constituted by the conduct, and

(b)he has been sentenced for the offence.

(2)The conduct constitutes an extradition offence in relation to the category 1 territory if these conditions are satisfied—

(a)the conduct occurs in the category 1 territory and no part of it occurs in the United Kingdom;

(b)a certificate issued by an appropriate authority of the category 1 territory shows that the conduct falls within the European framework list;

(c)the certificate shows that a sentence of imprisonment or another form of detention for a term of 12 months or a greater punishment has been imposed in the category 1 territory in respect of the conduct.

(3)The conduct also constitutes an extradition offence in relation to the category 1 territory if these conditions are satisfied—

(a)the conduct occurs in the category 1 territory;

(b)the conduct would constitute an offence under the law of the relevant part of the United Kingdom if it occurred in that part of the United Kingdom;

(c)a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 1 territory in respect of the conduct.

(4)The conduct also constitutes an extradition offence in relation to the category 1 territory if these conditions are satisfied—

(a)the conduct occurs outside the category 1 territory;

(b)a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 1 territory in respect of the conduct;

(c)in corresponding circumstances equivalent conduct would constitute an extra-territorial offence under the law of the relevant part of the United Kingdom punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment.

(5)The conduct also constitutes an extradition offence in relation to the category 1 territory if these conditions are satisfied—

(a)the conduct occurs outside the category 1 territory and no part of it occurs in the United Kingdom;

(b)the conduct would constitute an offence under the law of the relevant part of the United Kingdom punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment if it occurred in that part of the United Kingdom;

(c)a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 1 territory in respect of the conduct.

(6)The conduct also constitutes an extradition offence in relation to the category 1 territory if these conditions are satisfied—

(a)the conduct occurs outside the category 1 territory and no part of it occurs in the United Kingdom;

(b)a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 1 territory in respect of the conduct;

(c)the conduct constitutes or if committed in the United Kingdom would constitute an offence mentioned in subsection (7).

(7)The offences are—

(a)an offence under section 51 or 58 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity and war crimes);

(b)an offence under section 52 or 59 of that Act (conduct ancillary to genocide etc. committed outside the jurisdiction);

(c)an ancillary offence, as defined in section 55 or 62 of that Act, in relation to an offence falling within paragraph (a) or (b);

(d)an offence under section 1 of the International Criminal Court (Scotland) Act 2001 (asp 13) (genocide, crimes against humanity and war crimes);

(e)an offence under section 2 of that Act (conduct ancillary to genocide etc. committed outside the jurisdiction);

(f)an ancillary offence, as defined in section 7 of that Act, in relation to an offence falling within paragraph (d) or (e).

(8)For the purposes of subsections (3)(b), (4)(c) and (5)(b)—

(a)if the conduct relates to a tax or duty, it is immaterial that the law of the relevant part of the United Kingdom does not impose the same kind of tax or duty or does not contain rules of the same kind as those of the law of the category 1 territory;

(b)if the conduct relates to customs or exchange, it is immaterial that the law of the relevant part of the United Kingdom does not contain rules of the same kind as those of the law of the category 1 territory.

(9)This section applies for the purposes of this Part.

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Commencement Information

I82Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

66Extradition offences: supplementaryE+W+S+N.I.

(1)Subsections (2) to (4) apply for the purposes of sections 64 and 65.

(2)An appropriate authority of a category 1 territory is a judicial authority of the territory which the appropriate judge believes has the function of issuing arrest warrants in that territory.

(3)The law of a territory is the general criminal law of the territory.

(4)The relevant part of the United Kingdom is the part of the United Kingdom in which the relevant proceedings are taking place.

(5)The relevant proceedings are the proceedings in which it is necessary to decide whether conduct constitutes an extradition offence.

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Commencement Information

I83Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

67The appropriate judgeE+W+S+N.I.

(1)The appropriate judge is—

(a)in England and Wales, a District Judge (Magistrates' Courts) designated for the purposes of this Part [F64by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor]F64;

(b)in Scotland, the sheriff of Lothian and Borders;

(c)in Northern Ireland, such county court judge or resident magistrate as is designated for the purposes of this Part [F65by the Lord Chief Justice of Northern Ireland after consulting the [F66Department of Justice in Northern IrelandF66]]F65.

(2)A designation under subsection (1) may be made for all cases or for such cases (or cases of such description) as the designation stipulates.

(3)More than one designation may be made under subsection (1).

[F67(3A)The use of the expression “the judge” in a section containing a previous reference to “the appropriate judge” or “the judge” does not in itself require both references to be read as referring to the same individual.]

F67(4)This section applies for the purposes of this Part.

[F68(5)The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1)(a).

(6)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (1)(c)—

(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b)a Lord Justice of Appeal (as defined in section 88 of that Act).F68]

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Amendments (Textual)

F64Words in s. 67(1)(a) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 353(2); S.I. 2006/1014, art. 2(a) Sch. 1 paras. 10, 11(cc)

F65Words in s. 67(1)(c) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 353(3); S.I. 2006/1014, art. 2(a) Sch. 1 paras. 10, 11(cc)

Commencement Information

I84Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

68The extradition hearingE+W+S+N.I.

(1)The extradition hearing is the hearing at which the appropriate judge is to decide whether a person in respect of whom a Part 1 warrant was issued is to be extradited to the category 1 territory in which it was issued.

(2)This section applies for the purposes of this Part.

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Commencement Information

I85Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[F6968AUnlawfully at largeE+W+S+N.I.

(1)A person is alleged to be unlawfully at large after conviction of an offence if—

(a)he is alleged to have been convicted of it, and

(b)his extradition is sought for the purpose of his being sentenced for the offence or of his serving a sentence of imprisonment or another form of detention imposed in respect of the offence.

(2)This section applies for the purposes of this Part, other than sections 14 and 63.]

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Amendments (Textual)

Commencement Information

I86Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Part 2 E+W+S+N.I.Extradition to category 2 territories

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Commencement Information

I87Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

IntroductionE+W+S+N.I.

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Commencement Information

I88Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

69Extradition to category 2 territoriesE+W+S+N.I.

(1)This Part deals with extradition from the United Kingdom to the territories designated for the purposes of this Part by order made by the Secretary of State.

(2)In this Act references to category 2 territories are to the territories designated for the purposes of this Part.

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Commencement Information

I89Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

70Extradition request and certificateE+W+S+N.I.

(1)The Secretary of State must [F70(subject to subsection (2))]F70 issue a certificate under this section if he receives a valid request for the extradition [F71of a person to a category 2 territory]F71.

[F72(2)The Secretary of State may refuse to issue a certificate under this section if—

(a)he has power under section 126 to order that proceedings on the request be deferred,

(b)the person whose extradition is requested has been recorded by the Secretary of State as a refugee within the meaning of the Refugee Convention, or

(c)the person whose extradition is requested has been granted leave to enter or remain in the United Kingdom on the ground that it would be a breach of Article 2 or 3 of the Human Rights Convention to remove him to the territory to which extradition is requested.

(2A)In subsection (2)—

  • Refugee Convention” has the meaning given by section 167(1) of the Immigration and Asylum Act 1999;

  • Human Rights Convention” has the meaning given to “the Convention” by section 21(1) of the Human Rights Act 1998.]

F72(3)A request for a person’s extradition is valid if—

(a)it contains the statement referred to in subsection (4) [F73or the statement referred to in subsection (4A)]F73, and

(b)it is made in the approved way.

[F74(4)The statement is one that—

(a)the person is accused in the category 2 territory of the commission of an offence specified in the request, and

(b)the request is made with a view to his arrest and extradition to the category 2 territory for the purpose of being prosecuted for the offence.

(4A)The statement is one that—

(a)the person has been convicted of an offence specified in the request by a court in the category 2 territory, and

(b)the request is made with a view to his arrest and extradition to the category 2 territory for the purpose of being sentenced for the offence or of serving a sentence of imprisonment or another form of detention imposed in respect of the offence.]

F74(5)A request for extradition to a category 2 territory which is a British overseas territory is made in the approved way if it is made by or on behalf of the person administering the territory.

(6)A request for extradition to a category 2 territory which is the Hong Kong Special Administrative Region of the People’s Republic of China is made in the approved way if it is made by or on behalf of the government of the Region.

(7)A request for extradition to any other category 2 territory is made in the approved way if it is made—

(a)by an authority of the territory which the Secretary of State believes has the function of making requests for extradition in that territory, or

(b)by a person recognised by the Secretary of State as a diplomatic or consular representative of the territory.

(8)A certificate under this section must

[F75(a)]certify that the request is made in the approved way.

[F76, and

(b)identify the order by which the territory in question is designated as a category 2 territory.]

F76(9)If a certificate is issued under this section the Secretary of State must send [F77the request and the certificate to the appropriate judgeF77]

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Amendments (Textual)

Commencement Information

I90Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

ArrestE+W+S+N.I.

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Commencement Information

I91Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

71Arrest warrant following extradition requestE+W+S+N.I.

(1)This section applies if the Secretary of State sends documents to the appropriate judge under section 70.

(2)The judge may issue a warrant for the arrest of the person whose extradition is requested if the judge has reasonable grounds for believing that—

(a)the offence in respect of which extradition is requested is an extradition offence, and

(b)there is evidence falling within subsection (3).

(3)The evidence is—

(a)evidence that would justify the issue of a warrant for the arrest of a person accused of the offence within the judge’s jurisdiction, if the person whose extradition is requested is accused of the commission of the offence;

(b)evidence that would justify the issue of a warrant for the arrest of a person unlawfully at large after conviction of the offence within the judge’s jurisdiction, if the person whose extradition is requested is alleged to be unlawfully at large after conviction of the offence.

(4)But if the category 2 territory to which extradition is requested is designated for the purposes of this section by order made by the Secretary of State, subsections (2) and (3) have effect as if “evidence” read “ information ”.

(5)A warrant issued under this section may—

(a)be executed by any person to whom it is directed or by any constable or customs officer;

(b)be executed even if neither the warrant nor a copy of it is in the possession of the person executing it at the time of the arrest.

[F78(6)If a warrant issued under this section—

(a)is directed to a service policeman, and

(b)is in respect of a person subject to service law or a civilian subject to service discipline,

it may be executed anywhere.]

F78(7)In any other case, a warrant issued under this section may be executed in any part of the United Kingdom.

(8)F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F78S. 71(6) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 202(a); S.I. 2009/812, art. 3 (with transitional provisions (24.4.2009 for certain purposes otherwise 31.10.2009) in S.I. 2009/1059); S.I. 2009/1167, art. 4

F79S. 71(8) repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 202(b), Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions (24.4.2009 for certain purposes otherwise 31.10.2009) in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I92Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

72Person arrested under section 71E+W+S+N.I.

(1)This section applies if a person is arrested under a warrant issued under section 71.

(2)A copy of the warrant must be given to the person as soon as practicable after his arrest.

(3)The person must be brought as soon as practicable before the appropriate judge.

(4)But subsection (3) does not apply if—

(a)the person is granted bail by a constable following his arrest, or

(b)the Secretary of State decides under section 126 that the request for the person’s extradition is not to be proceeded with.

(5)If subsection (2) is not complied with and the person applies to the judge to be discharged, the judge may order his discharge.

(6)If subsection (3) is not complied with and the person applies to the judge to be discharged, the judge must order his discharge.

(7)When the person first appears or is brought before the appropriate judge, the judge must—

(a)inform him of the contents of the request for his extradition;

(b)give him the required information about consent;

(c)remand him in custody or on bail.

(8)The required information about consent is—

(a)that the person may consent to his extradition to the category 2 territory to which his extradition is requested;

(b)an explanation of the effect of consent and the procedure that will apply if he gives consent;

(c)that consent must be given in writing and is irrevocable.

(9)[F80If the person is remanded in custody, the appropriate judge may]F80 later grant bail.

(10)Subsection (4)(a) applies to Scotland with the omission of the words “by a constable”.

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Amendments (Textual)

Commencement Information

I93Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

73Provisional warrantE+W+S+N.I.

(1)This section applies if a justice of the peace is satisfied on information in writing and on oath that a person within subsection (2)—

(a)is or is believed to be in the United Kingdom, or

(b)is or is believed to be on his way to the United Kingdom.

(2)A person is within this subsection if—

(a)he is accused in a category 2 territory of the commission of an offence, or

(b)he is alleged to be unlawfully at large after conviction of an offence by a court in a category 2 territory.

(3)The justice may issue a warrant for the arrest of the person (a provisional warrant) if he has reasonable grounds for believing that—

(a)the offence of which the person is accused or has been convicted is an extradition offence, and

(b)there is written evidence falling within subsection (4).

(4)The evidence is—

(a)evidence that would justify the issue of a warrant for the arrest of a person accused of the offence within the justice’s jurisdiction, if the person in respect of whom the warrant is sought is accused of the commission of the offence;

(b)evidence that would justify the issue of a warrant for the arrest of a person unlawfully at large after conviction of the offence within the justice’s jurisdiction, if the person in respect of whom the warrant is sought is alleged to be unlawfully at large after conviction of the offence.

(5)But if the category 2 territory is designated for the purposes of this section by order made by the Secretary of State, subsections (3) and (4) have effect as if “evidence” read “ information ”.

(6)A provisional warrant may—

(a)be executed by any person to whom it is directed or by any constable or customs officer;

(b)be executed even if neither the warrant nor a copy of it is in the possession of the person executing it at the time of the arrest.

[F81(7)If a warrant issued under this section—

(a)is directed to a service policeman, and

(b)is in respect of a person subject to service law or a civilian subject to service discipline,

it may be executed anywhere.]

F81(8)In any other case, a warrant issued under this section may be executed in any part of the United Kingdom.

(9)F82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)The preceding provisions of this section apply to Scotland with these modifications—

(a)in subsection (1) for “justice of the peace is satisfied on information in writing and on oath” substitute “ sheriff is satisfied, on an application by a procurator fiscal, ”;

(b)in subsection (3) for “justice” substitute “ sheriff ”;

(c)in subsection (4) for “justice's”, in paragraphs (a) and (b), substitute “ sheriff's ”.

(11)Subsection (1) applies to Northern Ireland with the substitution of “a complaint” for “ information ”.

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Amendments (Textual)

F81S. 73(7) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 203(a); S.I. 2009/812, art. 3 (with transitional provisions (24.4.2009 for certain purposes otherwise 31.10.2009) in S.I. 2009/1059); S.I. 2009/1167, art. 4

F82S. 73(9) repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 203(b), Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions (24.4.2009 for certain purposes otherwise 31.10.2009) in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I94Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

74Person arrested under provisional warrantE+W+S+N.I.

(1)This section applies if a person is arrested under a provisional warrant.

(2)A copy of the warrant must be given to the person as soon as practicable after his arrest.

(3)The person must be brought as soon as practicable before the appropriate judge.

(4)But subsection (3) does not apply if—

(a)the person is granted bail by a constable following his arrest, or

(b)in a case where the Secretary of State has received a valid request for the person’s extradition, the Secretary of State decides under section 126 that the request is not to be proceeded with.

(5)If subsection (2) is not complied with and the person applies to the judge to be discharged, the judge may order his discharge.

(6)If subsection (3) is not complied with and the person applies to the judge to be discharged, the judge must order his discharge.

(7)When the person first appears or is brought before the appropriate judge, the judge must—

(a)inform him that he is accused of the commission of an offence in a category 2 territory or that he is alleged to be unlawfully at large after conviction of an offence by a court in a category 2 territory;

(b)give him the required information about consent;

(c)remand him in custody or on bail.

(8)The required information about consent is—

(a)that the person may consent to his extradition to the category 2 territory in which he is accused of the commission of an offence or is alleged to have been convicted of an offence;

(b)an explanation of the effect of consent and the procedure that will apply if he gives consent;

(c)that consent must be given in writing and is irrevocable.

(9)[F83If the person is remanded in custody, the appropriate judge may]F83 later grant bail.

(10)The judge must order the person’s discharge if the documents referred to in section 70(9) are not received by the judge within the required period.

(11)The required period is—

(a)45 days starting with the day on which the person was arrested, or

(b)if the category 2 territory is designated by order made by the Secretary of State for the purposes of this section, any longer period permitted by the order.

(12)Subsection (4)(a) applies to Scotland with the omission of the words “by a constable”.

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Amendments (Textual)

Commencement Information

I95Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

The extradition hearingE+W+S+N.I.

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Commencement Information

I96Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

75Date of extradition hearing: arrest under section 71E+W+S+N.I.

(1)When a person arrested under a warrant issued under section 71 first appears or is brought before the appropriate judge, the judge must fix a date on which the extradition hearing is to begin.

(2)The date fixed under subsection (1) must not be later than the end of the permitted period, which is 2 months starting with the date on which the person first appears or is brought before the judge.

(3)If before the date fixed under subsection (1) (or this subsection) a party to the proceedings applies to the judge for a later date to be fixed and the judge believes it to be in the interests of justice to do so, he may fix a later date; and this subsection may apply more than once.

(4)If the extradition hearing does not begin on or before the date fixed under this section and the person applies to the judge to be discharged, the judge must order his discharge.

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Commencement Information

I97Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

76Date of extradition hearing: arrest under provisional warrantE+W+S+N.I.

(1)Subsection (2) applies if—

(a)a person is arrested under a provisional warrant, and

(b)the documents referred to in section 70(9) are received by the appropriate judge within the period required under section 74(10).

(2)The judge must fix a date on which the extradition hearing is to begin.

(3)The date fixed under subsection (2) must not be later than the end of the permitted period, which is 2 months starting with the date on which the judge receives the documents.

(4)If before the date fixed under subsection (2) (or this subsection) a party to the proceedings applies to the judge for a later date to be fixed and the judge believes it to be in the interests of justice to do so, he may fix a later date; and this subsection may apply more than once.

(5)If the extradition hearing does not begin on or before the date fixed under this section and the person applies to the judge to be discharged, the judge must order his discharge.

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Commencement Information

I98Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[F8476APerson charged with offence in United Kingdom before extradition hearingE+W+S+N.I.

(1)This section applies if—

(a)a person has been brought before the appropriate judge under section 72(3) or 74(3) but the extradition hearing has not begun; and

(b)the judge is informed that the person is charged with an offence in the United Kingdom.

(2)The judge must order further proceedings in respect of the extradition to be adjourned until one of these occurs—

(a)the charge is disposed of;

(b)the charge is withdrawn;

(c)proceedings in respect of the charge are discontinued;

(d)an order is made for the charge to lie on the file, or in relation to Scotland, the diet is deserted pro loco et tempore.

(3)If a sentence of imprisonment or another form of detention is imposed in respect of the offence charged, the judge may order further proceedings in respect of the extradition to be adjourned until the person is released from detention pursuant to the sentence (whether on licence or otherwise).

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Amendments (Textual)

76BPerson serving sentence in United Kingdom before extradition hearingE+W+S+N.I.

(1)This section applies if—

(a)a person has been brought before the appropriate judge under section 72(3) or 74(3) but the extradition hearing has not begun; and

(b)the judge is informed that the person is in custody serving a sentence of imprisonment or another form of detention in the United Kingdom.

(2)The judge may order further proceedings in respect of the extradition to be adjourned until the person is released from detention pursuant to the sentence (whether on licence or otherwise).

(3)In a case where further proceedings in respect of the extradition are adjourned under subsection (2)—

(a)section 131 of the Magistrates' Courts Act 1980 (remand of accused already in custody) has effect as if a reference to 28 clear days in subsection (1) or (2) of that section were a reference to six months;

(b)Article 47(2) of the Magistrates' Courts (Northern Ireland) Order 1981 (period of remand in custody) has effect as if a reference to 28 days in—

(i)sub-paragraph (a)(iii), or

(ii)the words after sub-paragraph (b),

were a reference to six months.]

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Amendments (Textual)

77Judge’s powers at extradition hearingE+W+S+N.I.

(1)In England and Wales, at the extradition hearing the appropriate judge has the same powers (as nearly as may be) as a magistrates' court would have if the proceedings were the summary trial of an information against the person whose extradition is requested.

(2)In Scotland—

(a)at the extradition hearing the appropriate judge has the same powers (as nearly as may be) as if the proceedings were summary proceedings in respect of an offence alleged to have been committed by the person whose extradition is requested; but

(b)in his making any decision under section 78(4)(a) evidence from a single source shall be sufficient.

(3)In Northern Ireland, at the extradition hearing the appropriate judge has the same powers (as nearly as may be) as a magistrates' court would have if the proceedings were the hearing and determination of a complaint against the person whose extradition is requested.

(4)If the judge adjourns the extradition hearing he must remand the person in custody or on bail.

(5)[F85If the person is remanded in custody, the appropriate judge may]F85 later grant bail.

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Amendments (Textual)

Commencement Information

I99Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

78Initial stages of extradition hearingE+W+S+N.I.

(1)This section applies if a person alleged to be the person whose extradition is requested appears or is brought before the appropriate judge for the extradition hearing.

(2)The judge must decide whether the documents sent to him by the Secretary of State consist of (or include)—

(a)the documents referred to in section 70(9);

(b)particulars of the person whose extradition is requested;

(c)particulars of the offence specified in the request;

(d)in the case of a person accused of an offence, a warrant for his arrest issued in the category 2 territory;

(e)in the case of a person alleged to be unlawfully at large after conviction of an offence, a certificate issued in the category 2 territory of the conviction and (if he has been sentenced) of the sentence.

(3)If the judge decides the question in subsection (2) in the negative he must order the person’s discharge.

(4)If the judge decides that question in the affirmative he must decide whether—

(a)the person appearing or brought before him is the person whose extradition is requested;

(b)the offence specified in the request is an extradition offence;

(c)copies of the documents sent to the judge by the Secretary of State have been served on the person.

(5)The judge must decide the question in subsection (4)(a) on a balance of probabilities.

(6)If the judge decides any of the questions in subsection (4) in the negative he must order the person’s discharge.

(7)If the judge decides those questions in the affirmative he must proceed under section 79.

(8)The reference in subsection (2)(d) to a warrant for a person’s arrest includes a reference to a judicial document authorising his arrest.

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Commencement Information

I100Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

79Bars to extraditionE+W+S+N.I.

(1)If the judge is required to proceed under this section he must decide whether the person’s extradition to the category 2 territory is barred by reason of—

(a)the rule against double jeopardy;

(b)extraneous considerations;

(c)the passage of time;

(d)hostage-taking considerations.

[F86(e)forum.]

F86(2)[F87Sections 80 to 83A ]F87 apply for the interpretation of subsection (1).

(3)If the judge decides any of the questions in subsection (1) in the affirmative he must order the person’s discharge.

(4)If the judge decides those questions in the negative and the person is accused of the commission of the extradition offence but is not alleged to be unlawfully at large after conviction of it, the judge must proceed under section 84.

(5)If the judge decides those questions in the negative and the person is alleged to be unlawfully at large after conviction of the extradition offence, the judge must proceed under section 85.

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Amendments (Textual)

Commencement Information

I101Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

80Rule against double jeopardyE+W+S+N.I.

A person’s extradition to a category 2 territory is barred by reason of the rule against double jeopardy if (and only if) it appears that he would be entitled to be discharged under any rule of law relating to previous acquittal or conviction if he were charged with the extradition offence in the part of the United Kingdom where the judge exercises his jurisdiction.

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Commencement Information

I102Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

81Extraneous considerationsE+W+S+N.I.

A person’s extradition to a category 2 territory is barred by reason of extraneous considerations if (and only if) it appears that—

(a)the request for his extradition (though purporting to be made on account of the extradition offence) is in fact made for the purpose of prosecuting or punishing him on account of his race, religion, nationality, gender, sexual orientation or political opinions, or

(b)if extradited he might be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality, gender, sexual orientation or political opinions.

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Commencement Information

I103Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

82Passage of timeE+W+S+N.I.

A person’s extradition to a category 2 territory is barred by reason of the passage of time if (and only if) it appears that it would be unjust or oppressive to extradite him by reason of the passage of time [F88 since he is alleged to have—

(a)committed the extradition offence (where he is accused of its commission), or

(b)become unlawfully at large (where he is alleged to have been convicted of it)]

F88.

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Amendments (Textual)

Commencement Information

I104Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

83Hostage-taking considerationsE+W+S+N.I.

(1)A person’s extradition to a category 2 territory is barred by reason of hostage-taking considerations if (and only if) the territory is a party to the Hostage-taking Convention and it appears that—

(a)if extradited he might be prejudiced at his trial because communication between him and the appropriate authorities would not be possible, and

(b)the act or omission constituting the extradition offence also constitutes an offence under section 1 of the Taking of Hostages Act 1982 (c. 28) or an attempt to commit such an offence.

(2)The appropriate authorities are the authorities of the territory which are entitled to exercise rights of protection in relation to him.

(3)A certificate issued by the Secretary of State that a territory is a party to the Hostage-taking Convention is conclusive evidence of that fact for the purposes of subsection (1).

(4)The Hostage-taking Convention is the International Convention against the Taking of Hostages opened for signature at New York on 18 December 1979.

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Commencement Information

I105Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[F8983AForumE+W+S+N.I.

(1)A person's extradition to a category 2 territory (“the requesting territory”) is barred by reason of forum if (and only if) it appears that—

(a)a significant part of the conduct alleged to constitute the extradition offence is conduct in the United Kingdom, and

(b)in view of that and all the other circumstances, it would not be in the interests of justice for the person to be tried for the offence in the requesting territory.

(2)For the purposes of subsection (1)(b) the judge must take into account whether the relevant prosecution authorities in the United Kingdom have decided not to take proceedings against the person in respect of the conduct in question.

(3)This section does not apply if the person is alleged to be unlawfully at large after conviction of the extradition offence.]

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Amendments (Textual)

84Case where person has not been convictedE+W+S+N.I.

(1)If the judge is required to proceed under this section he must decide whether there is evidence which would be sufficient to make a case requiring an answer by the person if the proceedings were the summary trial of an information against him.

(2)In deciding the question in subsection (1) the judge may treat a statement made by a person in a document as admissible evidence of a fact if—

(a)the statement is made by the person to a police officer or another person charged with the duty of investigating offences or charging offenders, and

(b)direct oral evidence by the person of the fact would be admissible.

(3)In deciding whether to treat a statement made by a person in a document as admissible evidence of a fact, the judge must in particular have regard—

(a)to the nature and source of the document;

(b)to whether or not, having regard to the nature and source of the document and to any other circumstances that appear to the judge to be relevant, it is likely that the document is authentic;

(c)to the extent to which the statement appears to supply evidence which would not be readily available if the statement were not treated as being admissible evidence of the fact;

(d)to the relevance of the evidence that the statement appears to supply to any issue likely to have to be determined by the judge in deciding the question in subsection (1);

(e)to any risk that the admission or exclusion of the statement will result in unfairness to the person whose extradition is sought, having regard in particular to whether it is likely to be possible to controvert the statement if the person making it does not attend to give oral evidence in the proceedings.

(4)A summary in a document of a statement made by a person must be treated as a statement made by the person in the document for the purposes of subsection (2).

(5)If the judge decides the question in subsection (1) in the negative he must order the person’s discharge.

(6)If the judge decides that question in the affirmative he must proceed under section 87.

(7)If the judge is required to proceed under this section and the category 2 territory to which extradition is requested is designated for the purposes of this section by order made by the Secretary of State—

(a)the judge must not decide under subsection (1), and

(b)he must proceed under section 87.

(8)Subsection (1) applies to Scotland with the substitution of “ summary proceedings in respect of an offence alleged to have been committed by the person (except that for this purpose evidence from a single source shall be sufficient) ” for “the summary trial of an information against him”.

(9)Subsection (1) applies to Northern Ireland with the substitution of “ the hearing and determination of a complaint ” for “the summary trial of an information”.

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Commencement Information

I106Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

85Case where person has been convictedE+W+S+N.I.

(1)If the judge is required to proceed under this section he must decide whether the person was convicted in his presence.

(2)If the judge decides the question in subsection (1) in the affirmative he must proceed under section 87.

(3)If the judge decides that question in the negative he must decide whether the person deliberately absented himself from his trial.

(4)If the judge decides the question in subsection (3) in the affirmative he must proceed under section 87.

(5)If the judge decides that question in the negative he must decide whether the person would be entitled to a retrial or (on appeal) to a review amounting to a retrial.

(6)If the judge decides the question in subsection (5) in the affirmative he must proceed under section 86.

(7)If the judge decides that question in the negative he must order the person’s discharge.

(8)The judge must not decide the question in subsection (5) in the affirmative unless, in any proceedings that it is alleged would constitute a retrial or a review amounting to a retrial, the person would have these rights—

(a)the right to defend himself in person or through legal assistance of his own choosing or, if he had not sufficient means to pay for legal assistance, to be given it free when the interests of justice so required;

(b)the right to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him.

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Commencement Information

I107Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

86Conviction in person’s absenceE+W+S+N.I.

(1)If the judge is required to proceed under this section he must decide whether there is evidence which would be sufficient to make a case requiring an answer by the person if the proceedings were the summary trial of an information against him.

(2)In deciding the question in subsection (1) the judge may treat a statement made by a person in a document as admissible evidence of a fact if—

(a)the statement is made by the person to a police officer or another person charged with the duty of investigating offences or charging offenders, and

(b)direct oral evidence by the person of the fact would be admissible.

(3)In deciding whether to treat a statement made by a person in a document as admissible evidence of a fact, the judge must in particular have regard—

(a)to the nature and source of the document;

(b)to whether or not, having regard to the nature and source of the document and to any other circumstances that appear to the judge to be relevant, it is likely that the document is authentic;

(c)to the extent to which the statement appears to supply evidence which would not be readily available if the statement were not treated as being admissible evidence of the fact;

(d)to the relevance of the evidence that the statement appears to supply to any issue likely to have to be determined by the judge in deciding the question in subsection (1);

(e)to any risk that the admission or exclusion of the statement will result in unfairness to the person whose extradition is sought, having regard in particular to whether it is likely to be possible to controvert the statement if the person making it does not attend to give oral evidence in the proceedings.

(4)A summary in a document of a statement made by a person must be treated as a statement made by the person in the document for the purposes of subsection (2).

(5)If the judge decides the question in subsection (1) in the negative he must order the person’s discharge.

(6)If the judge decides that question in the affirmative he must proceed under section 87.

(7)If the judge is required to proceed under this section and the category 2 territory to which extradition is requested is designated for the purposes of this section by order made by the Secretary of State—

(a)the judge must not decide under subsection (1), and

(b)he must proceed under section 87.

(8)Subsection (1) applies to Scotland with the substitution of “ summary proceedings in respect of an offence alleged to have been committed by the person (except that for this purpose evidence from a single source shall be sufficient) ” for “the summary trial of an information against him”.

(9)Subsection (1) applies to Northern Ireland with the substitution of “ the hearing and determination of a complaint ” for “the summary trial of an information”.

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Commencement Information

I108Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

87Human rightsE+W+S+N.I.

(1)If the judge is required to proceed under this section (by virtue of section 84, 85 or 86) he must decide whether the person’s extradition would be compatible with the Convention rights within the meaning of the Human Rights Act 1998 (c. 42).

(2)If the judge decides the question in subsection (1) in the negative he must order the person’s discharge.

(3)If the judge decides that question in the affirmative he must send the case to the Secretary of State for his decision whether the person is to be extradited.

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Commencement Information

I109Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

88Person charged with offence in United KingdomE+W+S+N.I.

(1)This section applies if at any time in the extradition hearing the judge is informed that the person is charged with an offence in the United Kingdom.

(2)The judge must adjourn the extradition hearing until one of these occurs—

(a)the charge is disposed of;

(b)the charge is withdrawn;

(c)proceedings in respect of the charge are discontinued;

(d)an order is made for the charge to lie on the file, or in relation to Scotland, the diet is deserted pro loco et tempore.

(3)If a sentence of imprisonment or another form of detention is imposed in respect of the offence charged, the judge may adjourn the extradition hearing until [F90the person is released from detention pursuant to the sentence (whether on licence or otherwise)]F90.

(4)If before he adjourns the extradition hearing under subsection (2) the judge has decided under section 79 whether the person’s extradition is barred by reason of the rule against double jeopardy, the judge must decide that question again after the resumption of the hearing.

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Amendments (Textual)

Commencement Information

I110Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

89Person serving sentence in United KingdomE+W+S+N.I.

(1)This section applies if at any time in the extradition hearing the judge is informed that the person is [F91in custody]F91 serving a sentence of imprisonment or another form of detention in the United Kingdom.

(2)The judge may adjourn the extradition hearing until [F92the person is released from detention pursuant to the sentence (whether on licence or otherwise)]F92.

[F93(3)In a case where an extradition hearing is adjourned under subsection (2)—

(a)section 131 of the Magistrates' Courts Act 1980 (remand of accused already in custody) has effect as if a reference to 28 clear days in subsection (1) or (2) of that section were a reference to six months;

(b)Article 47(2) of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (period of remand in custody) has effect as if a reference to 28 days in—

(i)paragraph (a)(iii), or

(ii)the words after paragraph (b),

were a reference to six months.F93]

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Amendments (Textual)

Commencement Information

I111Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

90Competing extradition claimE+W+S+N.I.

(1)This section applies if at any time in the extradition hearing the judge is informed that the conditions in subsection (2) or (3) are met.

(2)The conditions are that—

(a)the Secretary of State has received another valid request for the person’s extradition to a category 2 territory;

(b)the other request has not been disposed of;

(c)the Secretary of State has made an order under section 126(2) for further proceedings on the request under consideration to be deferred until the other request has been disposed of.

(3)The conditions are that—

(a)a certificate has been issued under section 2 in respect of a Part 1 warrant issued in respect of the person;

(b)the warrant has not been disposed of;

(c)the Secretary of State has made an order under section 179(2) for further proceedings on the request to be deferred until the warrant has been disposed of.

(4)The judge must remand the person in custody or on bail.

(5)[F94If the person is remanded in custody, the appropriate judge may]F94 later grant bail.

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Amendments (Textual)

Commencement Information

I112Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

91Physical or mental conditionE+W+S+N.I.

(1)This section applies if at any time in the extradition hearing it appears to the judge that the condition in subsection (2) is satisfied.

(2)The condition is that the physical or mental condition of the person is such that it would be unjust or oppressive to extradite him.

(3)The judge must—

(a)order the person’s discharge, or

(b)adjourn the extradition hearing until it appears to him that the condition in subsection (2) is no longer satisfied.

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Commencement Information

I113Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

92Case sent to Secretary of StateE+W+S+N.I.

(1)This section applies if the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited.

(2)The judge must inform the person in ordinary language that—

(a)he has a right to appeal to the High Court;

(b)if he exercises the right the appeal will not be heard until the Secretary of State has made his decision.

(3)But subsection (2) does not apply if the person has consented to his extradition under section 127.

(4)The judge must remand the person in custody or on bail—

(a)to wait for the Secretary of State’s decision, and

(b)to wait for his extradition to the territory to which extradition is requested (if the Secretary of State orders him to be extradited).

(5)[F95If the person is remanded in custody, the appropriate judge may]F95 later grant bail.

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Amendments (Textual)

Commencement Information

I114Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Secretary of State’s functionsE+W+S+N.I.

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Commencement Information

I115Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

93Secretary of State’s consideration of caseE+W+S+N.I.

(1)This section applies if the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited.

(2)The Secretary of State must decide whether he is prohibited from ordering the person’s extradition under any of these sections—

(a)section 94 (death penalty);

(b)section 95 (speciality);

(c)section 96 (earlier extradition to United Kingdom from other territory).

[F96(d)section 96A (earlier transfer to United Kingdom by International Criminal Court).]

F96(3)If the Secretary of State decides any of the questions in subsection (2) in the affirmative he must order the person’s discharge.

(4)If the Secretary of State decides those questions in the negative he must order the person to be extradited to the territory to which his extradition is requested unless—

(a)he is informed that the request has been withdrawn,

(b)he makes an order under section 126(2) or 179(2) for further proceedings on the request to be deferred and the person is discharged under section 180, or

(c)he orders the person’s discharge under section 208.

(5)In deciding the questions in subsection (2), the Secretary of State is not required to consider any representations received by him after the end of the permitted period.

(6)The permitted period is the period of [F974 weeks]F97 starting with the appropriate day.

[F98(7)In the case of a person who has consented under section 127 to his extradition, the Secretary of State is not required—

(a)to wait until the end of the permitted period before ordering the person's extradition, or

(b)to consider any representations received after the order is made.F98]

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Amendments (Textual)

Commencement Information

I116Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

94Death penaltyE+W+S+N.I.

(1)The Secretary of State must not order a person’s extradition to a category 2 territory if he could be, will be or has been sentenced to death for the offence concerned in the category 2 territory.

(2)Subsection (1) does not apply if the Secretary of State receives a written assurance which he considers adequate that a sentence of death—

(a)will not be imposed, or

(b)will not be carried out (if imposed).

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Commencement Information

I117Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

95SpecialityE+W+S+N.I.

(1)The Secretary of State must not order a person’s extradition to a category 2 territory if there are no speciality arrangements with the category 2 territory.

(2)But subsection (1) does not apply if the person consented to his extradition under section 127 before his case was sent to the Secretary of State.

(3)There are speciality arrangements with a category 2 territory if (and only if) under the law of that territory or arrangements made between it and the United Kingdom a person who is extradited to the territory from the United Kingdom may be dealt with in the territory for an offence committed before his extradition only if—

(a)the offence is one falling within subsection (4), or

(b)he is first given an opportunity to leave the territory.

(4)The offences are—

(a)the offence in respect of which the person is extradited;

(b)an extradition offence disclosed by the same facts as that offence, other than one in respect of which a sentence of death could be imposed;

(c)an extradition offence in respect of which the Secretary of State consents to the person being dealt with;

(d)an offence in respect of which the person waives the right that he would have (but for this paragraph) not to be dealt with for the offence.

(5)Arrangements made with a category 2 territory which is a Commonwealth country or a British overseas territory may be made for a particular case or more generally.

(6)A certificate issued by or under the authority of the Secretary of State confirming the existence of arrangements with a category 2 territory which is a Commonwealth country or a British overseas territory and stating the terms of the arrangements is conclusive evidence of those matters.

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Commencement Information

I118Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

96Earlier extradition to United Kingdom from other territoryE+W+S+N.I.

The Secretary of State must not order a person’s extradition to a category 2 territory if—

(a)the person was extradited to the United Kingdom from another territory (the extraditing territory);

(b)under arrangements between the United Kingdom and the extraditing territory, that territory’s consent is required to the person’s extradition from the United Kingdom to the category 2 territory in respect of the extradition offence under consideration;

(c)that consent has not been given on behalf of the extraditing territory.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I119Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[F9996AEarlier transfer to United Kingdom by International Criminal CourtE+W+S+N.I.

(1)The Secretary of State must not order a person's extradition to a category 2 territory if—

(a)the person was transferred to the United Kingdom to serve a sentence imposed by the International Criminal Court;

(b)under arrangements between the United Kingdom and the Court, the consent of the Presidency of the Court is required to the person's extradition from the United Kingdom to the category 2 territory in respect of the extradition offence under consideration;

(c)that consent has not been given.

(2)Subsection (1) does not apply if the person has served the sentence imposed by the Court and has subsequently—

(a)remained voluntarily in the United Kingdom for more than 30 days, or

(b)left the United Kingdom and returned to it.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

97Deferral: person charged with offence in United KingdomE+W+S+N.I.

(1)This section applies if—

(a)the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited;

(b)the person is charged with an offence in the United Kingdom.

(2)The Secretary of State must not make a decision with regard to the person’s extradition until one of these occurs—

(a)the charge is disposed of;

(b)the charge is withdrawn;

(c)proceedings in respect of the charge are discontinued;

(d)an order is made for the charge to lie on the file or, in relation to Scotland, the diet is deserted pro loco et tempore.

(3)If a sentence of imprisonment or another form of detention is imposed in respect of the offence charged, the Secretary of State may defer making a decision with regard to the person’s extradition until [F100the person is released from detention pursuant to the sentence (whether on licence or otherwise)]F100.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I120Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

98Deferral: person serving sentence in United KingdomE+W+S+N.I.

(1)This section applies if—

(a)the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited;

(b)the person is [F101in custody]F101 serving a sentence of imprisonment or another form of detention in the United Kingdom.

(2)The Secretary of State may defer making a decision with regard to the person’s extradition until [F102the person is released from detention pursuant to the sentence (whether on licence or otherwise)]F102.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I121Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

99Time limit for order for extradition or dischargeE+W+S+N.I.

(1)This section applies if—

(a)the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited;

(b)within the required period the Secretary of State does not make an order for the person’s extradition or discharge.

(2)If the person applies to [F103the appropriate judge]F103 to be discharged, [F104the judge]F104 must order his discharge.

(3)The required period is the period of 2 months starting with the appropriate day.

(4)If before the required period ends the Secretary of State [F105applies to the appropriate judge]F105 for it to be extended [F106the judge may]F106 make an order accordingly; and this subsection may apply more than once.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I122Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

100InformationE+W+S+N.I.

(1)If the Secretary of State orders a person’s extradition under this Part he must—

(a)inform the person of the order;

(b)inform him in ordinary language that he has a right of appeal to the High Court;

(c)inform a person acting on behalf of the category 2 territory of the order.

(2)But subsection (1)(b) does not apply if the person has consented to his extradition under section 127.

(3)If the Secretary of State orders a person’s extradition under this Part and he has received an assurance such as is mentioned in section 94(2), he must give the person a copy of the assurance when he informs him under subsection (1) of the order.

(4)If the Secretary of State orders a person’s discharge under this Part he must—

(a)inform him of the order;

(b)inform a person acting on behalf of the category 2 territory of the order.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I123Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

101Making of order for extradition or dischargeE+W+S+N.I.

(1)An order to which this section applies must be made under the hand of one of these—

(a)the Secretary of State;

(b)a Minister of State;

(c)a Parliamentary Under-Secretary of State;

(d)a senior official.

(2)But, in relation to Scotland, an order to which this section applies must be made under the hand of one of these—

(a)a member of the Scottish Executive or a junior Scottish Minister;

(b)a senior official who is a member of the staff of the Scottish Administration.

(3)This section applies to—

(a)an order under section 93 for a person’s extradition;

(b)an order under section 93 or 123 for a person’s discharge.

(4)A senior official is—

(a)a member of the Senior Civil Service;

(b)a member of the Senior Management Structure of Her Majesty’s Diplomatic Service.

(5)If it appears to the Secretary of State that it is necessary to do so in consequence of any changes to the structure or grading of the [F107statutory civil service (or any part of it)]F107, he may by order make such amendments to subsection (4) as appear to him appropriate to preserve (so far as practicable) the effect of that subsection.

[F108(6)In subsection (5) “the statutory civil service” means the civil service within the meaning of Chapter 1 of Part 1 of the Constitutional Reform and Governance Act 2010 (see section 1(4) of that Act).F108]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I124Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

102The appropriate dayE+W+S+N.I.

(1)This section applies for the purposes of sections 93 and 99 if the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited.

(2)If the person is charged with an offence in the United Kingdom, the appropriate day is the day on which one of these occurs—

(a)the charge is disposed of;

(b)the charge is withdrawn;

(c)proceedings in respect of the charge are discontinued;

(d)an order is made for the charge to lie on the file, or in relation to Scotland, the diet is deserted pro loco et tempore.

(3)If under section 97(3) or 98(2) the Secretary of State defers making a decision [F109, the appropriate day is the day on which the person is released from detention pursuant to the sentence (whether on licence or otherwise).F109]

(4)If section 126 applies in relation to the request for the person’s extradition (the request concerned) the appropriate day is—

(a)the day on which the Secretary of State makes an order under that section, if the order is for proceedings on the other request to be deferred;

(b)the day on which an order under section 180 is made, if the order under section 126 is for proceedings on the request concerned to be deferred and the order under section 180 is for the proceedings to be resumed.

(5)If section 179 applies in relation to the request for the person’s extradition, the appropriate day is—

(a)the day on which the Secretary of State makes an order under that section, if the order is for proceedings on the warrant to be deferred;

(b)the day on which an order under section 180 is made, if the order under section 179 is for proceedings on the request to be deferred and the order under section 180 is for the proceedings to be resumed.

(6)If more than one of subsections (2) to (5) applies, the appropriate day is the latest of the days found under the subsections which apply.

(7)In any other case, the appropriate day is the day on which the judge sends the case to the Secretary of State for his decision whether the person is to be extradited.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I125Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

AppealsE+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I126Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

103Appeal where case sent to Secretary of StateE+W+S+N.I.

(1)If the judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited, the person may appeal to the High Court against the relevant decision.

(2)But subsection (1) does not apply if the person consented to his extradition under section 127 before his case was sent to the Secretary of State.

(3)The relevant decision is the decision that resulted in the case being sent to the Secretary of State.

(4)An appeal under this section may be brought on a question of law or fact.

(5)If an appeal is brought under this section before the Secretary of State has decided whether the person is to be extradited the appeal must not be heard until after the Secretary of State has made his decision.

(6)If the Secretary of State orders the person’s discharge the appeal must not be proceeded with.

(7)No appeal may be brought under this section if the Secretary of State has ordered the person’s discharge.

(8)If notice of an appeal under section 110 against the decision which resulted in the order for the person’s discharge is given in accordance with subsection (5) of that section—

(a)subsections (6) and (7) do not apply;

(b)no appeal may be brought under this section if the High Court has made its decision on the appeal.

(9)Notice of an appeal under this section must be given in accordance with rules of court before the end of the permitted period, which is 14 days starting with the day on which the Secretary of State informs the person under section 100(1) or (4) of the order he has made in respect of the person.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I127Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

104Court’s powers on appeal under section 103E+W+S+N.I.

(1)On an appeal under section 103 the High Court may—

(a)allow the appeal;

(b)direct the judge to decide again a question (or questions) which he decided at the extradition hearing;

(c)dismiss the appeal.

(2)The court may allow the appeal only if the conditions in subsection (3) or the conditions in subsection (4) are satisfied.

(3)The conditions are that—

(a)the judge ought to have decided a question before him at the extradition hearing differently;

(b)if he had decided the question in the way he ought to have done, he would have been required to order the person’s discharge.

(4)The conditions are that—

(a)an issue is raised that was not raised at the extradition hearing or evidence is available that was not available at the extradition hearing;

(b)the issue or evidence would have resulted in the judge deciding a question before him at the extradition hearing differently;

(c)if he had decided the question in that way, he would have been required to order the person’s discharge.

(5)If the court allows the appeal it must—

(a)order the person’s discharge;

(b)quash the order for his extradition.

(6)If the judge comes to a different decision on any question that is the subject of a direction under subsection (1)(b) he must order the person’s discharge.

(7)If the judge comes to the same decision as he did at the extradition hearing on the question that is (or all the questions that are) the subject of a direction under subsection (1)(b) the appeal must be taken to have been dismissed by a decision of the High Court.

[F110(8)If the court makes a direction under subsection (1)(b) it must remand the person in custody or on bail.

(9)If the court remands the person in custody it may later grant bail.F110]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I128Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

105Appeal against discharge at extradition hearingE+W+S+N.I.

(1)If at the extradition hearing the judge orders a person’s discharge, an appeal to the High Court may be brought on behalf of the category 2 territory against the relevant decision.

(2)But subsection (1) does not apply if the order for the person’s discharge was under section 122.

(3)The relevant decision is the decision which resulted in the order for the person’s discharge.

(4)An appeal under this section may be brought on a question of law or fact.

(5)Notice of an appeal under this section must be given in accordance with rules of court before the end of the permitted period, which is 14 days starting with the day on which the order for the person’s discharge is made.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I129Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

106Court’s powers on appeal under section 105E+W+S+N.I.

(1)On an appeal under section 105 the High Court may—

(a)allow the appeal;

(b)direct the judge to decide the relevant question again;

(c)dismiss the appeal.

(2)A question is the relevant question if the judge’s decision on it resulted in the order for the person’s discharge.

(3)The court may allow the appeal only if the conditions in subsection (4) or the conditions in subsection (5) are satisfied.

(4)The conditions are that—

(a)the judge ought to have decided the relevant question differently;

(b)if he had decided the question in the way he ought to have done, he would not have been required to order the person’s discharge.

(5)The conditions are that—

(a)an issue is raised that was not raised at the extradition hearing or evidence is available that was not available at the extradition hearing;

(b)the issue or evidence would have resulted in the judge deciding the relevant question differently;

(c)if he had decided the question in that way, he would not have been required to order the person’s discharge.

(6)If the court allows the appeal it must—

(a)quash the order discharging the person;

(b)remit the case to the judge;

(c)direct him to proceed as he would have been required to do if he had decided the relevant question differently at the extradition hearing.

(7)If the court makes a direction under subsection (1)(b) and the judge decides the relevant question differently he must proceed as he would have been required to do if he had decided that question differently at the extradition hearing.

(8)If the court makes a direction under subsection (1)(b) and the judge does not decide the relevant question differently the appeal must be taken to have been dismissed by a decision of the High Court.

[F111(9)If the court—

(a)allows the appeal, or

(b)makes a direction under subsection (1)(b),

it must remand the person in custody or on bail.

(10)If the court remands the person in custody it may later grant bail.F111]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I130Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

107Detention pending conclusion of appeal under section 105E+W+S+N.I.

(1)This section applies if immediately after the judge orders the person’s discharge the judge is informed on behalf of the category 2 territory of an intention to appeal under section 105.

(2)The judge must remand the person in custody or on bail while the appeal is pending.

(3)[F112If the person is remanded in custody, the appropriate judge may]F112 later grant bail.

(4)An appeal under section 105 ceases to be pending at the earliest of these times—

(a)when the proceedings on the appeal are discontinued;

[F113(b)when the High Court—

(i)allows the appeal,

(ii)makes a direction under section 106(1)(b), or

(iii)dismisses the appeal,

unless, where the appeal is dismissed, the court is immediately informed on behalf of the category 2 territory of an intention to apply for leave to appeal to the [F114Supreme Court]F114;]

F113(c)at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the [F114Supreme Court]F114 against the decision of the High Court on the appeal is granted [F115, if no appeal to the [F114Supreme Court]F114 is brought before the end of that period]F115;

(d)when there is no further step that can be taken on behalf of the category 2 territory in relation to the appeal (ignoring any power of a court to grant leave to take a step out of time).

(5)The preceding provisions of this section apply to Scotland with these modifications—

(a)in subsection (4)(b) omit the words from [F116unless]F116 to the end;

(b)omit subsection (4)(c).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I131Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

108Appeal against extradition orderE+W+S+N.I.

(1)If the Secretary of State orders a person’s extradition under this Part, the person may appeal to the High Court against the order.

(2)But subsection (1) does not apply if the person has consented to his extradition under section 127.

(3)An appeal under this section may be brought on a question of law or fact.

(4)Notice of an appeal under this section must be given in accordance with rules of court before the end of the permitted period, which is 14 days starting with the day on which the Secretary of State informs the person of the order under section 100(1).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I132Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

109Court’s powers on appeal under section 108E+W+S+N.I.

(1)On an appeal under section 108 the High Court may—

(a)allow the appeal;

(b)dismiss the appeal.

(2)The court may allow the appeal only if the conditions in subsection (3) or the conditions in subsection (4) are satisfied.

(3)The conditions are that—

(a)the Secretary of State ought to have decided a question before him differently;

(b)if he had decided the question in the way he ought to have done, he would not have ordered the person’s extradition.

(4)The conditions are that—

(a)an issue is raised that was not raised when the case was being considered by the Secretary of State or information is available that was not available at that time;

(b)the issue or information would have resulted in the Secretary of State deciding a question before him differently;

(c)if he had decided the question in that way, he would not have ordered the person’s extradition.

(5)If the court allows the appeal it must—

(a)order the person’s discharge;

(b)quash the order for his extradition.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I133Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

110Appeal against discharge by Secretary of StateE+W+S+N.I.

(1)If the Secretary of State makes an order for a person’s discharge under this Part, an appeal to the High Court may be brought on behalf of the category 2 territory against the relevant decision.

(2)But subsection (1) does not apply if the order for the person’s discharge was under section 123.

(3)The relevant decision is the decision which resulted in the order for the person’s discharge.

(4)An appeal under this section may be brought on a question of law or fact.

(5)Notice of an appeal under this section must be given in accordance with rules of court before the end of the permitted period, which is 14 days starting with the day on which (under section 100(4)) the Secretary of State informs a person acting on behalf of the category 2 territory of the order.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I134Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

111Court’s powers on appeal under section 110E+W+S+N.I.

(1)On an appeal under section 110 the High Court may—

(a)allow the appeal;

(b)dismiss the appeal.

(2)The court may allow the appeal only if the conditions in subsection (3) or the conditions in subsection (4) are satisfied.

(3)The conditions are that—

(a)the Secretary of State ought to have decided a question before him differently;

(b)if he had decided the question in the way he ought to have done, he would have ordered the person’s extradition.

(4)The conditions are that—

(a)an issue is raised that was not raised when the case was being considered by the Secretary of State or information is available that was not available at that time;

(b)the issue or information would have resulted in the Secretary of State deciding a question before him differently;

(c)if he had decided the question in that way, he would have ordered the person’s extradition.

(5)If the court allows the appeal it must—

(a)quash the order discharging the person;

(b)order the person’s extradition.

[F117(6)If the court allows the appeal it must remand the person in custody or on bail.

(7)If the court remands the person in custody it may later grant bail.F117]

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I135Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[F118112Detention pending conclusion of appeal under section 110E+W+S+N.I.

(1)This section applies in a case where the Secretary of State orders the person's discharge under this Part.

(2)Subject to subsection (3)—

(a)the order made by the appropriate judge under section 92(4) (“the remand order”) remains in force until the end of the period of three days beginning with the day on which the person's discharge is ordered;

(b)if within that period the Secretary of State is informed in writing on behalf of the category 2 territory of an intention to appeal under section 110, the remand order remains in force while the appeal is pending.