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Police and Justice Act 2006

Paragraphs 4 to 6: Restriction on extradition in cases where trial in United Kingdom more appropriate

333.Paragraphs 4 and 5 are amendments to Parts 1 and 2 of the Act respectively. They introduce a ground for refusal of extradition where an accused person is requested for conduct a significant part of which occurred in the UK, and it would not be in the interests of justice for the person to be tried in the requesting territory.

334.Paragraph 6(1) provides that an order bringing the amendments contained in paragraphs 4 and 5 into force may not be made within 12 months of the day on which the 2006 Act was passed.

335.In addition, the effect of paragraph 6(2) is that the Secretary of State is not obliged to make a commencement order bringing paragraph 4 or 5 into force unless both Houses of Parliament have passed a resolution requiring him to do so. In that case he would be under a duty to make such an order within a month of the resolutions being passed (paragraph 6(3)).

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