Explanatory Notes

Extradition Act 2003

2003 CHAPTER 41

20th November 2003

Territorial Application: Wales

Part 1 .Extradition to Category 1 Territories

Section 10: Initial stage of extradition hearing

42.This section requires the judge to consider whether the offence specified in the warrant is an extradition offence, where a person is brought before him at an extradition hearing under this Part of the Act.

43.If the judge is satisfied that the offence is an extradition offence then he must proceed to consider whether there are any statutory bars to extradition (subsection (4)), under the provisions of section 11. If the judge decides that the offence is not an extradition offence then he must order the person's discharge (subsection (3)).