Explanatory Notes

Extradition Act 2003

2003 CHAPTER 41

20th November 2003

Territorial Application: Wales

Part 5 .Miscellaneous and General Provisions

Section 206: Burden and standard of proof

585.This section provides that, where a question arises concerning the burden or standard of proof during extradition proceedings under this Act, it must be decided through the application of existing law in criminal procedures (subsections (1) and (2)). Where this situation arises, the law is to be applied as if the person were accused of a criminal offence and the requesting territory were the prosecution (subsection (3)).

586.However, subsection (4) provides that this rule is subject to any express provisions of this Act. (See, for example, section 7(3).)