Extradition Act 2003

Extradition Act 2003

2003 CHAPTER 41

Territorial Application: Wales

Part 1 .Extradition to Category 1 Territories

Section 60: Costs where extradition ordered

178. This section allows for an order for costs to be made against a person who unsuccessfully challenges proceedings held under this Part of the Act. This is based on section 18 of the Prosecution of Offences Act 1985, which allows a court in a criminal case to make an award of costs against the accused.

179. Subsection (1) states that this section applies when any of these occur:

• a person's extradition is ordered in pursuance of a Part 1 warrant;

• the High Court dismisses a person's appeal against an order for his extradition (brought under section 26);

• the High Court or House of Lords refuses a person leave to appeal a decision of the High Court under section 32;

• the House of Lords dismisses a person's appeal under section 32.

180. In each of the above cases the relevant judge or court has the power to make an order for the person to pay costs that he/it considers just and reasonable (subsections (2) and (3)). Such an order for costs must specify the amount to be paid and may name of the person to whom the costs are to be paid (subsection (4)).