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The Extradition Act 2003 (Overseas Territories) Order 2016
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Bars to extradition
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5.—(1) Section 79 is modified as follows.
(2) For subsection (3) substitute—
“(3) If the judge decides any of the questions in subsection (1) in the affirmative in relation to any offence, he must order the person’s discharge in relation to that offence only.”.
(3) For subsection (4) substitute—
“(4) If the judge decides those questions in the negative in relation to any offence and the person is accused of the commission of the extradition offences but is not alleged to be unlawfully at large after conviction of it, the judge must proceed under section 84 in relation to that offence.”.
(4) For subsection (5) substitute—
“(5) If the judge decides any of those questions in the negative in relation to any offence and the person is alleged to be unlawfully at large after conviction of it, the judge must proceed under section 85 in relation to that offence.”.
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