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Extradition Act 2003

Status:

This is the original version (as it was originally enacted).

Part 1Extradition to category 1 territories

Introduction

1Extradition to category 1 territories

(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.

2Part 1 warrant and certificate

(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 is alleged to be unlawfully at large after conviction 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.

Arrest

3Arrest under certified Part 1 warrant

(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.

(3)The warrant may be executed by a service policeman, but only if the service policeman would have power to arrest the person under the appropriate service law if the person had committed an offence under that law.

(4)If a service policeman has power to execute the warrant under subsection (3), he may execute the warrant in any place where he would have power to arrest the person under the appropriate service law if the person had committed an offence under that law.

(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)The appropriate service law is—

(a)the Army Act 1955 (3 & 4 Eliz. 2 c. 18), if the person in respect of whom the warrant is issued is subject to military law;

(b)the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), if that person is subject to air-force law;

(c)the Naval Discipline Act 1957 (c. 53), if that person is subject to that Act.

4Person arrested under Part 1 warrant

(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).

5Provisional arrest

(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.

(3)A service policeman may arrest a person under subsection (1) only if the service policeman would have power to arrest the person under the appropriate service law if the person had committed an offence under that law.

(4)If a service policeman has power to arrest a person under subsection (1), the service policeman may exercise the power in any place where he would have power to arrest the person for an offence under the appropriate service law if the person had committed an offence under that law.

(5)The appropriate service law is—

(a)the Army Act 1955 (3 & 4 Eliz. 2 c. 18), if the person to be arrested is subject to military law;

(b)the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), if that person is subject to air-force law;

(c)the Naval Discipline Act 1957 (c. 53), if that person is subject to that Act.

6Person arrested under section 5

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

(2)The following must occur within the required period—

(a)the person must be brought before the appropriate judge;

(b)the documents specified in subsection (4) must be produced to the judge.

(3)The required period is 48 hours starting with the time when the person is arrested.

(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.

(6)If subsection (2) 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).

(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.

The initial hearing

7Identity of person arrested

(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 is arrested under section 5 and section 6(2) 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)If the judge remands the person in custody he may later grant bail.

8Remand etc.

(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)If the judge remands the person in custody he may 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.

The extradition hearing

9Judge’s powers at extradition hearing

(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)If the judge remands the person in custody he may later grant bail.

10Initial stage of extradition hearing

(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.

11Bars to extradition

(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.

(2)Sections 12 to 19 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 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.

12Rule against double jeopardy

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.

13Extraneous considerations

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.

14Passage of time

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 since he is alleged to have committed the extradition offence or since he is alleged to have become unlawfully at large (as the case may be).

15Age

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.

16Hostage-taking considerations

(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.

17Speciality

(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.

18Earlier extradition to United Kingdom from category 1 territory

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.

19Earlier extradition to United Kingdom from non-category 1 territory

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.

20Case where person has been convicted

(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.

21Human rights

(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)If the judge remands the person in custody he may later grant bail.

Matters arising before end of extradition hearing

22Person charged with offence in United Kingdom

(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 the sentence has been served.

(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.

23Person serving sentence in United Kingdom

(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 serving a sentence of imprisonment or another form of detention in the United Kingdom.

(2)The judge may adjourn the extradition hearing until the sentence has been served.

24Extradition request

(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)If the judge remands the person in custody he may later grant bail.

25Physical or mental condition

(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.

Appeals

26Appeal against extradition order

(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.

27Court’s powers on appeal under section 26

(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.

28Appeal against discharge at extradition hearing

(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.

29Court’s powers on appeal under section 28

(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.

30Detention pending conclusion of appeal under section 28

(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)If the judge remands the person in custody he may 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;

(b)when the High Court dismisses the appeal, if the authority does not immediately inform the court that it intends to apply for leave to appeal to the House of Lords;

(c)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 is granted;

(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 “if” to the end;

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

31Appeal to High Court: time limit for start of hearing

(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.

32Appeal to House of Lords

(1)An appeal lies to the House of Lords 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 House of Lords.

(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 House of Lords.

(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 House of Lords 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 House of Lords 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.

(10)The High Court may grant bail to a person appealing under this section or applying for leave to appeal under this section.

(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.

33Powers of House of Lords on appeal under section 32

(1)On an appeal under section 32 the House of Lords 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 House of Lords allows the appeal.

(3)The House of Lords 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 House of Lords allows the appeal.

(5)The House of Lords 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 House of Lords 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 House of Lords 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 House of Lords 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.

34Appeals: general

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

Time for extradition

35Extradition where no appeal

(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 the day on which the judge makes the order, 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.

36Extradition following appeal

(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 House of Lords against the decision of the High Court on the appeal;

(b)the House of Lords, 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 House of Lords ends, if there is no such application;

(b)when the period permitted for applying to the House of Lords for leave to appeal to it ends, if the High Court refuses leave to appeal and there is no application to the House of Lords for leave to appeal;

(c)when the House of Lords 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 House of Lords 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 House of Lords 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).

37Undertaking in relation to person serving sentence in United Kingdom

(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.

(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 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.

(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.

38Extradition following deferral for competing claim

(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.

(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.

39Asylum claim

(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).

40Certificate in respect of asylum claimant

(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.

Withdrawal of Part 1 warrant

41Withdrawal of warrant before extradition

(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.

42Withdrawal of warrant while appeal to High Court pending

(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.

43Withdrawal of warrant while appeal to House of Lords pending

(1)This section applies if at any time in the relevant period the House of Lords 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 House of Lords is granted to the person or the authority which issued the warrant;

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

(3)If the appeal is brought by the person in respect of whom the warrant was issued the House of Lords 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 House of Lords must dismiss the appeal.

(5)If the person is not before the House of Lords at the time it orders his discharge, the House of Lords must inform him of the order as soon as practicable.

Competing Part 1 warrants

44Competing Part 1 warrants

(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)If the judge remands the person in custody he may 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.

Consent to extradition

45Consent to extradition

(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.

46Extradition order following consent

(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)If the judge remands the person in custody he may 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.

47Extradition to category 1 territory following consent

(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.

48Other warrant issued following consent

(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.

49Other warrant issued: extradition to category 1 territory

(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.

50Other warrant issued: proceedings deferred

(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)If the judge remands the person in custody he may 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.

51Extradition request following consent

(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)If the judge remands the person in custody he may 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.

52Undertaking in relation to person serving sentence

(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.

(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 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.

(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.

53Extradition following deferral for competing claim

(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.

Post-extradition matters

54Request for consent to other offence being dealt with

(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.

55Questions for decision at consent hearing

(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.

56Request for consent to further extradition to category 1 territory

(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.

57Questions for decision at consent hearing

(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.

58Consent to further extradition to category 2 territory

(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.

59Return of person to serve remainder of sentence

(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 his sentence.

(2)The person is liable to be detained in pursuance of his sentence.

(3)If he is at large he must be treated as being unlawfully at large.

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

(5)But subsection (4) 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 he was permitted to be dealt with in the category 1 territory.

(6)In a case falling within subsection (5), time during which the person was not in the United Kingdom as a result of his extradition counts as time served by him as part of his sentence if (and only if) it was spent in custody in connection with the offence or any other offence in respect of which he was permitted to be dealt with in the territory.

Costs

60Costs where extradition ordered

(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 House of Lords dismisses an application for leave to appeal to the House of Lords under section 32, if the application is made by the person;

(d)the House of Lords 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.

61Costs where discharge ordered

(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 House of Lords dismisses an application for leave to appeal to the House of Lords under section 32, if the application is made by the authority which issued the warrant;

(e)the House of Lords 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 House of Lords, 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.

62Costs where discharge ordered: supplementary

(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.

Repatriation cases

63Persons serving sentences outside territory where convicted

(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”.

Interpretation

64Extradition offences: person not sentenced for offence

(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.

65Extradition offences: person sentenced for offence

(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.

66Extradition offences: supplementary

(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.

67The appropriate judge

(1)The appropriate judge is—

(a)in England and Wales, a District Judge (Magistrates' Courts) designated for the purposes of this Part by the Lord Chancellor;

(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 by the Lord Chancellor.

(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).

(4)This section applies for the purposes of this Part.

68The extradition hearing

(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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