Extradition Act 2003

Part 2 U.K. Extradition to category 2 territories

Commencement Information

I1 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Introduction U.K.

Commencement Information

I2 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

69 Extradition to category 2 territories U.K.

(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 2 territories are to the territories designated for the purposes of this Part.

Commencement Information

I3 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

70 Extradition request and certificate U.K.

(1) The Secretary of State must [F1 (subject to subsection (2))] issue a certificate under this section if he receives a valid request for the extradition [F2 of a person to a category 2 territory].

[F3 (2) The Secretary of State may refuse to issue a certificate under this section if—

(a) he has power under section 126 to order that proceedings on the request be deferred,

(b) the person whose extradition is requested has been recorded by the Secretary of State as a refugee within the meaning of the Refugee Convention, or

(c) the person whose extradition is requested has been granted leave to enter or remain in the United Kingdom on the ground that it would be a breach of Article 2 or 3 of the Human Rights Convention to remove him to the territory to which extradition is requested.

(2A) In subsection (2)—

• “ Refugee Convention ” has the meaning given by section 167(1) of the Immigration and Asylum Act 1999;

• “ Human Rights Convention ” has the meaning given to “the Convention” by section 21(1) of the Human Rights Act 1998. ]

(3) A request for a person’s extradition is valid if—

(a) it contains the statement referred to in subsection (4) [F4 or the statement referred to in subsection (4A)], and

(b) it is made in the approved way.

[F5 (4) The statement is one that—

(a) the person is accused in the category 2 territory of the commission of an offence specified in the request, and

(b) the request is made with a view to his arrest and extradition to the category 2 territory for the purpose of being prosecuted for the offence.

(4A) The statement is one that—

(a) the person has been convicted of an offence specified in the request by a court in the category 2 territory, and

(b) the request is made with a view to his arrest and extradition to the category 2 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.]

(5) A request for extradition to a category 2 territory which is a British overseas territory is made in the approved way if it is made by or on behalf of the person administering the territory.

(6) A request for extradition to a category 2 territory which is the Hong Kong Special Administrative Region of the People’s Republic of China is made in the approved way if it is made by or on behalf of the government of the Region.

(7) A request for extradition to any other category 2 territory is made in the approved way if it is made—

(a) by an authority of the territory which the Secretary of State believes has the function of making requests for extradition in that territory, or

(b) by a person recognised by the Secretary of State as a diplomatic or consular representative of the territory.

(8) A certificate under this section must

[F6 (a)] certify that the request is made in the approved way.

[F7 , and

(b) identify the order by which the territory in question is designated as a category 2 territory.]

(9) If a certificate is issued under this section the Secretary of State must send [F8 the request and the certificate to the appropriate judge]

[F9 (10) Subsection (11) applies at all times after the Secretary of State issues a certificate under this section.

(11) The Secretary of State is not to consider whether the extradition would be compatible with the Convention rights within the meaning of the Human Rights Act 1998.]

Textual Amendments

F1 Words in s. 70(1) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 17(2)(a); S.I. 2006/3364, art. 2(d)(e)

F2 Words in s. 70(1) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 17(2)(b); S.I. 2006/3364, art. 2(d)(e)

F3 S. 70(2)(2A) substituted (15.1.2007) for s. 70(2) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 17(3); S.I. 2006/3364, art. 2(d)(e)

F4 Words in s. 70(3) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 17(2)(a); S.I. 2006/3364, art. 2(d)(e)

F5 S. 70(4)(4A) substituted (15.1.2007) for s. 70(4) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 17(2)(b); S.I. 2006/3364, art. 2(d)(e)

F6 Words in s. 70(8) renumbered as s. 70(8)(a) (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 17(4)(a); S.I. 2006/3364, art. 2(d)(e)

F7 S. 70(8)(b) and word inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 17(4)(b); S.I. 2006/3364, art. 2(d)(e)

F8 Words in s. 70(9) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 17(5); S.I. 2006/3364, art. 2(d)(e)

F9 S. 70(10)(11) inserted (29.7.2013 for E.W., 14.10.2013 for N.I.) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 20 para. 11 (with Sch. 20 para. 1415); S.I. 2013/1682, art. 2(2)(b); S.I. 2013/2349, art. 2(4)

Commencement Information

I4 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Arrest U.K.

Commencement Information

I5 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

71 Arrest warrant following extradition request U.K.

(1) This section applies if the Secretary of State sends documents to the appropriate judge under section 70.

(2) The judge may issue a warrant for the arrest of the person whose extradition is requested if the judge has reasonable grounds for believing that—

(a) the offence in respect of which extradition is requested is an extradition offence, and

(b) there is evidence falling within subsection (3).

(3) The evidence is—

(a) evidence that would justify the issue of a warrant for the arrest of a person accused of the offence within the judge’s jurisdiction, if the person whose extradition is requested is accused of the commission of the offence;

(b) evidence that would justify the issue of a warrant for the arrest of a person unlawfully at large after conviction of the offence within the judge’s jurisdiction, if the person whose extradition is requested is alleged to be unlawfully at large after conviction of the offence.

(4) But if the category 2 territory to which extradition is requested is designated for the purposes of this section by order made by the Secretary of State, subsections (2) and (3) have effect as if “evidence” read “ information ”.

(5) A warrant issued under this section may—

(a) be executed by any person to whom it is directed or by any constable or customs officer;

(b) 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.

[F10 (6) If a warrant issued under this section—

(a) is directed to a service policeman, and

(b) is in respect of a person subject to service law or a civilian subject to service discipline,

it may be executed anywhere.]

F10 (7) In any other case, a warrant issued under this section may be executed in any part of the United Kingdom.

(8) F11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 S. 71(6) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 202(a); S.I. 2009/812, art. 3 (with transitional provisions (24.4.2009 for certain purposes otherwise 31.10.2009) in S.I. 2009/1059); S.I. 2009/1167, art. 4

F11 S. 71(8) repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 202(b), Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions (24.4.2009 for certain purposes otherwise 31.10.2009) in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I6 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

72 Person arrested under section 71 U.K.

(1) This section applies if a person is arrested under a warrant issued under section 71.

(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) But subsection (3) does not apply if—

(a) the person is granted bail by a constable following his arrest, or

(b) the Secretary of State decides under section 126 that the request for the person’s extradition is not to be proceeded with.

(5) If subsection (2) is not complied with and the person applies to the judge to be discharged, the judge may order his discharge.

(6) If subsection (3) is not complied with and the person applies to the judge to be discharged, the judge must order his discharge.

(7) When the person first appears or is brought before the appropriate judge, the judge must—

(a) inform him of the contents of the request for his extradition;

(b) give him the required information about consent;

(c) remand him in custody or on bail.

(8) The required information about consent is—

(a) that the person may consent to his extradition to the category 2 territory to which his extradition is requested;

(b) an explanation of the effect of consent and the procedure that will apply if he gives consent;

(c) that consent must be given in writing and is irrevocable.

(9) [F12 If the person is remanded in custody, the appropriate judge may]F12 later grant bail.

(10) Subsection (4)(a) applies to Scotland with the omission of the words “by a constable”.

Textual Amendments

F12 Words in s. 72(9) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 16; S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I7 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

73 Provisional warrant U.K.

(1) This section applies if a justice of the peace is satisfied on information in writing and on oath that a person within subsection (2)—

(a) is or is believed to be in the United Kingdom, or

(b) is or is believed to be on his way to the United Kingdom.

(2) A person is within this subsection if—

(a) he is accused in a category 2 territory of the commission of an offence, or

(b) he is alleged to be unlawfully at large after conviction of an offence by a court in a category 2 territory.

(3) The justice may issue a warrant for the arrest of the person (a provisional warrant) if he has reasonable grounds for believing that—

(a) the offence of which the person is accused or has been convicted is an extradition offence, and

(b) there is written evidence falling within subsection (4).

(4) The evidence is—

(a) evidence that would justify the issue of a warrant for the arrest of a person accused of the offence within the justice’s jurisdiction, if the person in respect of whom the warrant is sought is accused of the commission of the offence;

(b) evidence that would justify the issue of a warrant for the arrest of a person unlawfully at large after conviction of the offence within the justice’s jurisdiction, if the person in respect of whom the warrant is sought is alleged to be unlawfully at large after conviction of the offence.

(5) But if the category 2 territory is designated for the purposes of this section by order made by the Secretary of State, subsections (3) and (4) have effect as if “evidence” read “ information ”.

(6) A provisional warrant may—

(a) be executed by any person to whom it is directed or by any constable or customs officer;

(b) 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.

[F13 (7) If a warrant issued under this section—

(a) is directed to a service policeman, and

(b) is in respect of a person subject to service law or a civilian subject to service discipline,

it may be executed anywhere.]

F13 (8) In any other case, a warrant issued under this section may be executed in any part of the United Kingdom.

(9) F14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) The preceding provisions of this section apply to Scotland with these modifications—

(a) in subsection (1) for “justice of the peace is satisfied on information in writing and on oath” substitute “ sheriff is satisfied, on an application by a procurator fiscal, ”;

(b) in subsection (3) for “justice” substitute “ sheriff ”;

(c) in subsection (4) for “justice's”, in paragraphs (a) and (b), substitute “ sheriff's ”.

(11) Subsection (1) applies to Northern Ireland with the substitution of “a complaint” for “ information ”.

Textual Amendments

F13 S. 73(7) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 203(a); S.I. 2009/812, art. 3 (with transitional provisions (24.4.2009 for certain purposes otherwise 31.10.2009) in S.I. 2009/1059); S.I. 2009/1167, art. 4

F14 S. 73(9) repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 203(b), Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions (24.4.2009 for certain purposes otherwise 31.10.2009) in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I8 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

74 Person arrested under provisional warrant U.K.

(1) This section applies if a person is arrested under a provisional 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) But subsection (3) does not apply if—

(a) the person is granted bail by a constable following his arrest, or

(b) in a case where the Secretary of State has received a valid request for the person’s extradition, the Secretary of State decides under section 126 that the request is not to be proceeded with.

(5) If subsection (2) is not complied with and the person applies to the judge to be discharged, the judge may order his discharge.

(6) If subsection (3) is not complied with and the person applies to the judge to be discharged, the judge must order his discharge.

(7) When the person first appears or is brought before the appropriate judge, the judge must—

(a) inform him that he is accused of the commission of an offence in a category 2 territory or that he is alleged to be unlawfully at large after conviction of an offence by a court in a category 2 territory;

(b) give him the required information about consent;

(c) remand him in custody or on bail.

(8) The required information about consent is—

(a) that the person may consent to his extradition to the category 2 territory in which he is accused of the commission of an offence or is alleged to have been convicted of an offence;

(b) an explanation of the effect of consent and the procedure that will apply if he gives consent;

(c) that consent must be given in writing and is irrevocable.

(9) [F15 If the person is remanded in custody, the appropriate judge may]F15 later grant bail.

(10) The judge must order the person’s discharge if the documents referred to in section 70(9) are not received by the judge within the required period.

(11) The required period is—

(a) 45 days starting with the day on which the person was arrested, or

(b) if the category 2 territory is designated by order made by the Secretary of State for the purposes of this section, any longer period permitted by the order.

(12) Subsection (4)(a) applies to Scotland with the omission of the words “by a constable”.

Textual Amendments

F15 Words in s. 74(9) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 16; S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I9 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

The extradition hearing U.K.

Commencement Information

I10 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

75 Date of extradition hearing: arrest under section 71 U.K.

(1) When a person arrested under a warrant issued under section 71 first appears or is brought before the appropriate judge, the judge must fix a date on which the extradition hearing is to begin.

(2) The date fixed under subsection (1) must not be later than the end of the permitted period, which is 2 months starting with the date on which the person first appears or is brought before the judge.

(3) 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.

(4) If the extradition hearing does not begin on or before the date fixed under this section and the person applies to the judge to be discharged, the judge must order his discharge.

Commencement Information

I11 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

76 Date of extradition hearing: arrest under provisional warrant U.K.

(1) Subsection (2) applies if—

(a) a person is arrested under a provisional warrant, and

(b) the documents referred to in section 70(9) are received by the appropriate judge within the period required under section 74(10).

(2) The judge must fix a date on which the extradition hearing is to begin.

(3) The date fixed under subsection (2) must not be later than the end of the permitted period, which is 2 months starting with the date on which the judge receives the documents.

(4) If before the date fixed under subsection (2) (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.

(5) If the extradition hearing does not begin on or before the date fixed under this section and the person applies to the judge to be discharged, the judge must order his discharge.

Commencement Information

I12 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[F16 76A Person charged with offence in United Kingdom before extradition hearing U.K.

(1) This section applies if—

(a) a person has been brought before the appropriate judge under section 72(3) or 74(3) but the extradition hearing has not begun; and

(b) the judge is informed that the person is charged with an offence in the United Kingdom.

(2) The judge must order further proceedings in respect of the extradition to be adjourned 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 order further proceedings in respect of the extradition to be adjourned until the person is released from detention pursuant to the sentence (whether on licence or otherwise).

Textual Amendments

F16 Ss. 76A, 76B inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 70, 116; S.I. 2009/3096, art. 3(m) (with art. 4)

76B Person serving sentence in United Kingdom before extradition hearing U.K.

(1) This section applies if—

(a) a person has been brought before the appropriate judge under section 72(3) or 74(3) but the extradition hearing has not begun; and

(b) the judge is informed that the person is in custody serving a sentence of imprisonment or another form of detention in the United Kingdom.

(2) The judge may order further proceedings in respect of the extradition to be adjourned until the person is released from detention pursuant to the sentence (whether on licence or otherwise).

(3) In a case where further proceedings in respect of the extradition are adjourned under subsection (2)—

(a) section 131 of the Magistrates' Courts Act 1980 (remand of accused already in custody) has effect as if a reference to 28 clear days in subsection (1) or (2) of that section were a reference to six months;

(b) Article 47(2) of the Magistrates' Courts (Northern Ireland) Order 1981 (period of remand in custody) has effect as if a reference to 28 days in—

(i) sub-paragraph (a)(iii), or

(ii) the words after sub-paragraph (b),

were a reference to six months.]

Textual Amendments

F16 Ss. 76A, 76B inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 70, 116; S.I. 2009/3096, art. 3(m) (with art. 4)

77 Judge’s powers at extradition hearing U.K.

(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 whose extradition is requested.

(2) In Scotland—

(a) 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 whose extradition is requested; but

(b) in his making any decision under section 78(4)(a) evidence from a single source shall be sufficient.

(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 whose extradition is requested.

(4) If the judge adjourns the extradition hearing he must remand the person in custody or on bail.

(5) [F17 If the person is remanded in custody, the appropriate judge may]F17 later grant bail.

Textual Amendments

F17 Words in s. 77(5) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 16; S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I13 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

78 Initial stages of extradition hearing U.K.

(1) This section applies if a person alleged to be the person whose extradition is requested appears or is brought before the appropriate judge for the extradition hearing.

(2) The judge must decide whether the documents sent to him by the Secretary of State consist of (or include)—

(a) the documents referred to in section 70(9);

(b) particulars of the person whose extradition is requested;

(c) particulars of the offence specified in the request;

(d) in the case of a person accused of an offence, a warrant for his arrest issued in the category 2 territory;

(e) in the case of a person alleged to be unlawfully at large after conviction of an offence, a certificate issued in the category 2 territory of the conviction and (if he has been sentenced) of the sentence.

(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 decide whether—

(a) the person appearing or brought before him is the person whose extradition is requested;

(b) the offence specified in the request is an extradition offence;

(c) copies of the documents sent to the judge by the Secretary of State have been served on the person.

(5) The judge must decide the question in subsection (4)(a) on a balance of probabilities.

(6) If the judge decides any of the questions in subsection (4) in the negative he must order the person’s discharge.

(7) If the judge decides those questions in the affirmative he must proceed under section 79.

(8) The reference in subsection (2)(d) to a warrant for a person’s arrest includes a reference to a judicial document authorising his arrest.

Commencement Information

I14 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

79 Bars to extradition U.K.

(1) If the judge is required to proceed under this section he must decide whether the person’s extradition to the category 2 territory is barred by reason of—

(a) the rule against double jeopardy;

(b) extraneous considerations;

(c) the passage of time;

(d) hostage-taking considerations.

(2) Sections 80 to 83 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 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 84.

(5) 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 85.

Commencement Information

I15 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

80 Rule against double jeopardy U.K.

A person’s extradition to a category 2 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 if he were charged with the extradition offence in the part of the United Kingdom where the judge exercises his jurisdiction.

Commencement Information

I16 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

81 Extraneous considerations U.K.

A person’s extradition to a category 2 territory is barred by reason of extraneous considerations if (and only if) it appears that—

(a) the request for his extradition (though purporting to be made on account of the extradition offence) is in fact made 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.

Commencement Information

I17 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

82 Passage of time U.K.

A person’s extradition to a category 2 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 [F18 since he is alleged to have—

(a) committed the extradition offence (where he is accused of its commission), or

(b) become unlawfully at large (where he is alleged to have been convicted of it)]

F18 .

Textual Amendments

F18 Words in s. 82 substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 2(3); S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I18 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

83 Hostage-taking considerations U.K.

(1) A person’s extradition to a category 2 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.

Commencement Information

I19 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Valid from 18/09/2013

[F19 83A Forum U.K.

(1) A person's extradition to a category 2 territory (“the requesting territory”) is barred by reason of forum if (and only if) it appears that—

(a) a significant part of the conduct alleged to constitute the extradition offence is conduct in the United Kingdom, and

(b) in view of that and all the other circumstances, it would not be in the interests of justice for the person to be tried for the offence in the requesting territory.

(2) For the purposes of subsection (1)(b) the judge must take into account whether the relevant prosecution authorities in the United Kingdom have decided not to take proceedings against the person in respect of the conduct in question.

(3) This section does not apply if the person is alleged to be unlawfully at large after conviction of the extradition offence.]

Textual Amendments

F19 S. 83A inserted (prosp.) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 paras. 5(2), 6

84 Case where person has not been convicted U.K.

(1) If the judge is required to proceed under this section he must decide whether there is evidence which would be sufficient to make a case requiring an answer by the person if the proceedings were the summary trial of an information against him.

(2) In deciding the question in subsection (1) the judge may treat a statement made by a person in a document as admissible evidence of a fact if—

(a) the statement is made by the person to a police officer or another person charged with the duty of investigating offences or charging offenders, and

(b) direct oral evidence by the person of the fact would be admissible.

(3) In deciding whether to treat a statement made by a person in a document as admissible evidence of a fact, the judge must in particular have regard—

(a) to the nature and source of the document;

(b) to whether or not, having regard to the nature and source of the document and to any other circumstances that appear to the judge to be relevant, it is likely that the document is authentic;

(c) to the extent to which the statement appears to supply evidence which would not be readily available if the statement were not treated as being admissible evidence of the fact;

(d) to the relevance of the evidence that the statement appears to supply to any issue likely to have to be determined by the judge in deciding the question in subsection (1);

(e) to any risk that the admission or exclusion of the statement will result in unfairness to the person whose extradition is sought, having regard in particular to whether it is likely to be possible to controvert the statement if the person making it does not attend to give oral evidence in the proceedings.

(4) A summary in a document of a statement made by a person must be treated as a statement made by the person in the document for the purposes of subsection (2).

(5) If the judge decides the question in subsection (1) in the negative he must order the person’s discharge.

(6) If the judge decides that question in the affirmative he must proceed under section 87.

(7) If the judge is required to proceed under this section and the category 2 territory to which extradition is requested is designated for the purposes of this section by order made by the Secretary of State—

(a) the judge must not decide under subsection (1), and

(b) he must proceed under section 87.

(8) Subsection (1) applies to Scotland with the substitution of “ summary proceedings in respect of an offence alleged to have been committed by the person (except that for this purpose evidence from a single source shall be sufficient) ” for “the summary trial of an information against him”.

(9) Subsection (1) applies to Northern Ireland with the substitution of “ the hearing and determination of a complaint ” for “the summary trial of an information”.

Commencement Information

I20 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

85 Case where person has been convicted U.K.

(1) If the judge is required to proceed under this section 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 87.

(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 87.

(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 86.

(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.

Commencement Information

I21 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

86 Conviction in person’s absence U.K.

(1) If the judge is required to proceed under this section he must decide whether there is evidence which would be sufficient to make a case requiring an answer by the person if the proceedings were the summary trial of an information against him.

(2) In deciding the question in subsection (1) the judge may treat a statement made by a person in a document as admissible evidence of a fact if—

(a) the statement is made by the person to a police officer or another person charged with the duty of investigating offences or charging offenders, and

(b) direct oral evidence by the person of the fact would be admissible.

(3) In deciding whether to treat a statement made by a person in a document as admissible evidence of a fact, the judge must in particular have regard—

(a) to the nature and source of the document;

(b) to whether or not, having regard to the nature and source of the document and to any other circumstances that appear to the judge to be relevant, it is likely that the document is authentic;

(c) to the extent to which the statement appears to supply evidence which would not be readily available if the statement were not treated as being admissible evidence of the fact;

(d) to the relevance of the evidence that the statement appears to supply to any issue likely to have to be determined by the judge in deciding the question in subsection (1);

(e) to any risk that the admission or exclusion of the statement will result in unfairness to the person whose extradition is sought, having regard in particular to whether it is likely to be possible to controvert the statement if the person making it does not attend to give oral evidence in the proceedings.

(4) A summary in a document of a statement made by a person must be treated as a statement made by the person in the document for the purposes of subsection (2).

(5) If the judge decides the question in subsection (1) in the negative he must order the person’s discharge.

(6) If the judge decides that question in the affirmative he must proceed under section 87.

(7) If the judge is required to proceed under this section and the category 2 territory to which extradition is requested is designated for the purposes of this section by order made by the Secretary of State—

(a) the judge must not decide under subsection (1), and

(b) he must proceed under section 87.

(8) Subsection (1) applies to Scotland with the substitution of “ summary proceedings in respect of an offence alleged to have been committed by the person (except that for this purpose evidence from a single source shall be sufficient) ” for “the summary trial of an information against him”.

(9) Subsection (1) applies to Northern Ireland with the substitution of “ the hearing and determination of a complaint ” for “the summary trial of an information”.

Commencement Information

I22 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

87 Human rights U.K.

(1) If the judge is required to proceed under this section (by virtue of section 84, 85 or 86) 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 send the case to the Secretary of State for his decision whether the person is to be extradited.

Commencement Information

I23 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

88 Person charged with offence in United Kingdom U.K.

(1) This section applies if at any time in the extradition hearing the judge is informed that the person 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 [F20 the person is released from detention pursuant to the sentence (whether on licence or otherwise)]F20 .

(4) If before he adjourns the extradition hearing under subsection (2) the judge has decided under section 79 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.

Textual Amendments

F20 Words in s. 88(3) substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 71(4), 116; S.I. 2009/3096, art. 3(n) (with art. 4)

Commencement Information

I24 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

89 Person serving sentence in United Kingdom U.K.

(1) This section applies if at any time in the extradition hearing the judge is informed that the person is [F21 in custody]F21 serving a sentence of imprisonment or another form of detention in the United Kingdom.

(2) The judge may adjourn the extradition hearing until [F22 the person is released from detention pursuant to the sentence (whether on licence or otherwise)]F22 .

[F23 (3) In a case where an extradition hearing is adjourned under subsection (2)—

(a) section 131 of the Magistrates' Courts Act 1980 (remand of accused already in custody) has effect as if a reference to 28 clear days in subsection (1) or (2) of that section were a reference to six months;

(b) Article 47(2) of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (period of remand in custody) has effect as if a reference to 28 days in—

(i) paragraph (a)(iii), or

(ii) the words after paragraph (b),

were a reference to six months.F23 ]

Textual Amendments

F21 Words in s. 89(1) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 71(5)(a), 116; S.I. 2009/3096, art. 3(n) (with art. 4)

F22 Words in s. 89(2) substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 71(5)(b), 116; S.I. 2009/3096, art. 3(n) (with art. 4)

F23 S. 89(3) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 7; S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I25 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

90 Competing extradition claim U.K.

(1) This section applies if at any time in the extradition hearing the judge is informed that the conditions in subsection (2) or (3) are met.

(2) The conditions are that—

(a) the Secretary of State has received another valid request for the person’s extradition to a category 2 territory;

(b) the other request has not been disposed of;

(c) the Secretary of State has made an order under section 126(2) for further proceedings on the request under consideration to be deferred until the other request has been disposed of.

(3) The conditions are that—

(a) a certificate has been issued under section 2 in respect of a Part 1 warrant issued in respect of the person;

(b) the warrant has not been disposed of;

(c) the Secretary of State has made an order under section 179(2) for further proceedings on the request to be deferred until the warrant has been disposed of.

(4) The judge must remand the person in custody or on bail.

(5) [F24 If the person is remanded in custody, the appropriate judge may]F24 later grant bail.

Textual Amendments

F24 Words in s. 90(5) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 16; S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I26 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

91 Physical or mental condition U.K.

(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 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.

Commencement Information

I27 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

92 Case sent to Secretary of State U.K.

(1) This section applies if the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited.

(2) The judge must inform the person in ordinary language that—

(a) he has a right to appeal to the High Court;

(b) if he exercises the right the appeal will not be heard until the Secretary of State has made his decision.

(3) But subsection (2) does not apply if the person has consented to his extradition under section 127.

(4) The judge must remand the person in custody or on bail—

(a) to wait for the Secretary of State’s decision, and

(b) to wait for his extradition to the territory to which extradition is requested (if the Secretary of State orders him to be extradited).

(5) [F25 If the person is remanded in custody, the appropriate judge may]F25 later grant bail.

Textual Amendments

F25 Words in s. 92(5) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 16; S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I28 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Secretary of State’s functions U.K.

Commencement Information

I29 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

93 Secretary of State’s consideration of case U.K.

(1) This section applies if the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited.

(2) The Secretary of State must decide whether he is prohibited from ordering the person’s extradition under any of these sections—

(a) section 94 (death penalty);

(b) section 95 (speciality);

(c) section 96 (earlier extradition to United Kingdom from other territory).

[F26 (d) section 96A (earlier transfer to United Kingdom by International Criminal Court).]

F26 (3) If the Secretary of State decides any of the questions in subsection (2) in the affirmative he must order the person’s discharge.

(4) If the Secretary of State decides those questions in the negative he must order the person to be extradited to the territory to which his extradition is requested unless—

(a) he is informed that the request has been withdrawn,

(b) he makes an order under section 126(2) or 179(2) for further proceedings on the request to be deferred and the person is discharged under section 180, or

(c) he orders the person’s discharge under section 208.

(5) In deciding the questions in subsection (2), the Secretary of State is not required to consider any representations received by him after the end of the permitted period.

(6) The permitted period is the period of [F27 4 weeks]F27 starting with the appropriate day.

[F28 (7) In the case of a person who has consented under section 127 to his extradition, the Secretary of State is not required—

(a) to wait until the end of the permitted period before ordering the person's extradition, or

(b) to consider any representations received after the order is made.F28 ]

Textual Amendments

F26 S. 93(2)(d) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 3(3); S.I. 2006/3364, art. 2(d)(e)

F27 Words in s. 93(6) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 18(2); S.I. 2006/3364, art. 2(d)(e)

F28 S. 93(7) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 18(3); S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I30 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

94 Death penalty U.K.

(1) The Secretary of State must not order a person’s extradition to a category 2 territory if he could be, will be or has been sentenced to death for the offence concerned in the category 2 territory.

(2) Subsection (1) does not apply if the Secretary of State receives a written assurance which he considers adequate that a sentence of death—

(a) will not be imposed, or

(b) will not be carried out (if imposed).

Commencement Information

I31 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

95 Speciality U.K.

(1) The Secretary of State must not order a person’s extradition to a category 2 territory if there are no speciality arrangements with the category 2 territory.

(2) But subsection (1) does not apply if the person consented to his extradition under section 127 before his case was sent to the Secretary of State.

(3) There are speciality arrangements with a category 2 territory if (and only 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 (4), or

(b) he is first given an opportunity to leave the territory.

(4) 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, other than one in respect of which a sentence of death could be imposed;

(c) an extradition offence in respect of which the Secretary of State consents to the person being dealt with;

(d) 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.

(5) Arrangements made with a category 2 territory which is a Commonwealth country or a British overseas territory may be made for a particular case or more generally.

(6) A certificate issued by or under the authority of the Secretary of State confirming the existence of arrangements with a category 2 territory which is a Commonwealth country or a British overseas territory and stating the terms of the arrangements is conclusive evidence of those matters.

Commencement Information

I32 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

96 Earlier extradition to United Kingdom from other territory U.K.

The Secretary of State must not order a person’s extradition to a category 2 territory if—

(a) the person was extradited to the United Kingdom from another 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 2 territory in respect of the extradition offence under consideration;

(c) that consent has not been given on behalf of the extraditing territory.

Commencement Information

I33 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[F29 96A Earlier transfer to United Kingdom by International Criminal Court U.K.

(1) The Secretary of State must not order a person's extradition to a category 2 territory if—

(a) the person was transferred to the United Kingdom to serve a sentence imposed by the International Criminal Court;

(b) under arrangements between the United Kingdom and the Court, the consent of the Presidency of the Court is required to the person's extradition from the United Kingdom to the category 2 territory in respect of the extradition offence under consideration;

(c) that consent has not been given.

(2) Subsection (1) does not apply if the person has served the sentence imposed by the Court and has subsequently—

(a) remained voluntarily in the United Kingdom for more than 30 days, or

(b) left the United Kingdom and returned to it.]

Textual Amendments

F29 S. 96A inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 3(4); S.I. 2006/3364, art. 2(d)(e)

97 Deferral: person charged with offence in United Kingdom U.K.

(1) This section applies if—

(a) the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited;

(b) the person is charged with an offence in the United Kingdom.

(2) The Secretary of State must not make a decision with regard to the person’s extradition 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 Secretary of State may defer making a decision with regard to the person’s extradition until [F30 the person is released from detention pursuant to the sentence (whether on licence or otherwise)]F30 .

Textual Amendments

F30 Words in s. 97(3) substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 71(6), 116; S.I. 2009/3096, art. 3(n) (with art. 4)

Commencement Information

I34 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

98 Deferral: person serving sentence in United Kingdom U.K.

(1) This section applies if—

(a) the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited;

(b) the person is [F31 in custody]F31 serving a sentence of imprisonment or another form of detention in the United Kingdom.

(2) The Secretary of State may defer making a decision with regard to the person’s extradition until [F32 the person is released from detention pursuant to the sentence (whether on licence or otherwise)]F32 .

Textual Amendments

F31 Words in s. 98(1)(b) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 71(7)(a), 116; S.I. 2009/3096, art. 3(n) (with art. 4)

F32 Words in s. 98(2) substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 71(7)(b), 116; S.I. 2009/3096, art. 3(n) (with art. 4)

Commencement Information

I35 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

99 Time limit for order for extradition or discharge U.K.

(1) This section applies if—

(a) the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited;

(b) within the required period the Secretary of State does not make an order for the person’s extradition or discharge.

(2) If the person applies to [F33 the appropriate judge]F33 to be discharged, [F34 the judge]F34 must order his discharge.

(3) The required period is the period of 2 months starting with the appropriate day.

(4) If before the required period ends the Secretary of State [F35 applies to the appropriate judge]F35 for it to be extended [F36 the judge may]F36 make an order accordingly; and this subsection may apply more than once.

Textual Amendments

F33 Words in s. 99(2) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 19(2)(a); S.I. 2006/3364, art. 2(d)(e)

F34 Words in s. 99(2) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 19(2)(b); S.I. 2006/3364, art. 2(d)(e)

F35 Words in s. 99(4) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 19(3)(a); S.I. 2006/3364, art. 2(d)(e)

F36 Words in s. 99(4) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 19(3)(b); S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I36 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

100 Information U.K.

(1) If the Secretary of State orders a person’s extradition under this Part he must—

(a) inform the person of the order;

(b) inform him in ordinary language that he has a right of appeal to the High Court;

(c) inform a person acting on behalf of the category 2 territory of the order.

(2) But subsection (1)(b) does not apply if the person has consented to his extradition under section 127.

(3) If the Secretary of State orders a person’s extradition under this Part and he has received an assurance such as is mentioned in section 94(2), he must give the person a copy of the assurance when he informs him under subsection (1) of the order.

(4) If the Secretary of State orders a person’s discharge under this Part he must—

(a) inform him of the order;

(b) inform a person acting on behalf of the category 2 territory of the order.

Commencement Information

I37 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

101 Making of order for extradition or discharge U.K.

(1) An order to which this section applies must be made under the hand of one of these—

(a) the Secretary of State;

(b) a Minister of State;

(c) a Parliamentary Under-Secretary of State;

(d) a senior official.

(2) But, in relation to Scotland, an order to which this section applies must be made under the hand of one of these—

(a) a member of the Scottish Executive or a junior Scottish Minister;

(b) a senior official who is a member of the staff of the Scottish Administration.

(3) This section applies to—

(a) an order under section 93 for a person’s extradition;

(b) an order under section 93 or 123 for a person’s discharge.

(4) A senior official is—

(a) a member of the Senior Civil Service;

(b) a member of the Senior Management Structure of Her Majesty’s Diplomatic Service.

(5) If it appears to the Secretary of State that it is necessary to do so in consequence of any changes to the structure or grading of the [F37 statutory civil service (or any part of it)]F37 , he may by order make such amendments to subsection (4) as appear to him appropriate to preserve (so far as practicable) the effect of that subsection.

[F38 (6) In subsection (5) “the statutory civil service” means the civil service within the meaning of Chapter 1 of Part 1 of the Constitutional Reform and Governance Act 2010 (see section 1(4) of that Act).F38 ]

Textual Amendments

F37 Words in s. 101(5) substituted (11.11.2010) by Constitutional Reform and Governance Act 2010 (c. 25), ss. 19, 52, Sch. 2 para. 14(2); S.I. 2010/2703, art. 2(a)

F38 S. 101(6) inserted (11.11.2010) by Constitutional Reform and Governance Act 2010 (c. 25), ss. 19, 52, Sch. 2 para. 14(3); S.I. 2010/2703, art. 2(a)

Commencement Information

I38 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

102 The appropriate day U.K.

(1) This section applies for the purposes of sections 93 and 99 if the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited.

(2) If the person is charged with an offence in the United Kingdom, the appropriate day is the day on which 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 under section 97(3) or 98(2) the Secretary of State defers making a decision [F39 , the appropriate day is the day on which the person is released from detention pursuant to the sentence (whether on licence or otherwise).F39 ]

(4) If section 126 applies in relation to the request for the person’s extradition (the request concerned) the appropriate day is—

(a) the day on which the Secretary of State makes an order under that section, if the order is for proceedings on the other request to be deferred;

(b) the day on which an order under section 180 is made, if the order under section 126 is for proceedings on the request concerned to be deferred and the order under section 180 is for the proceedings to be resumed.

(5) If section 179 applies in relation to the request for the person’s extradition, the appropriate day is—

(a) the day on which the Secretary of State makes an order under that section, if the order is for proceedings on the warrant to be deferred;

(b) the day on which an order under section 180 is made, if the order under section 179 is for proceedings on the request to be deferred and the order under section 180 is for the proceedings to be resumed.

(6) If more than one of subsections (2) to (5) applies, the appropriate day is the latest of the days found under the subsections which apply.

(7) In any other case, the appropriate day is the day on which the judge sends the case to the Secretary of State for his decision whether the person is to be extradited.

Textual Amendments

F39 Words in s. 102(3) substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 71(8), 116; S.I. 2009/3096, art. 3(n) (with art. 4)

Commencement Information

I39 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Appeals U.K.

Commencement Information

I40 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

103 Appeal where case sent to Secretary of State U.K.

(1) If the judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited, the person may appeal to the High Court against the relevant decision.

(2) But subsection (1) does not apply if the person consented to his extradition under section 127 before his case was sent to the Secretary of State.

(3) The relevant decision is the decision that resulted in the case being sent to the Secretary of State.

(4) An appeal under this section may be brought on a question of law or fact.

(5) If an appeal is brought under this section before the Secretary of State has decided whether the person is to be extradited the appeal must not be heard until after the Secretary of State has made his decision.

(6) If the Secretary of State orders the person’s discharge the appeal must not be proceeded with.

(7) No appeal may be brought under this section if the Secretary of State has ordered the person’s discharge.

(8) If notice of an appeal under section 110 against the decision which resulted in the order for the person’s discharge is given in accordance with subsection (5) of that section—

(a) subsections (6) and (7) do not apply;

(b) no appeal may be brought under this section if the High Court has made its decision on the appeal.

(9) 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 14 days starting with the day on which the Secretary of State informs the person under section 100(1) or (4) of the order he has made in respect of the person.

Commencement Information

I41 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

104 Court’s powers on appeal under section 103 U.K.

(1) On an appeal under section 103 the High Court may—

(a) allow the appeal;

(b) direct the judge to decide again a question (or questions) which he decided at the extradition hearing;

(c) 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 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 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.

(6) If the judge comes to a different decision on any question that is the subject of a direction under subsection (1)(b) he must order the person’s discharge.

(7) If the judge comes to the same decision as he did at the extradition hearing on the question that is (or all the questions that are) the subject of a direction under subsection (1)(b) the appeal must be taken to have been dismissed by a decision of the High Court.

[F40 (8) If the court makes a direction under subsection (1)(b) it must remand the person in custody or on bail.

(9) If the court remands the person in custody it may later grant bail.]F40

Textual Amendments

F40 S. 104(8)(9) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 8(6); S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I42 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

105 Appeal against discharge at extradition hearing U.K.

(1) If at the extradition hearing the judge orders a person’s discharge, an appeal to the High Court may be brought on behalf of the category 2 territory against the relevant decision.

(2) But subsection (1) does not apply if the order for the person’s discharge was under section 122.

(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 14 days starting with the day on which the order for the person’s discharge is made.

Commencement Information

I43 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

106 Court’s powers on appeal under section 105 U.K.

(1) On an appeal under section 105 the High Court may—

(a) allow the appeal;

(b) direct the judge to decide the relevant question again;

(c) dismiss the appeal.

(2) A question is the relevant question if the judge’s decision on it resulted in the order for the person’s discharge.

(3) The court may allow the appeal only if the conditions in subsection (4) or the conditions in subsection (5) are satisfied.

(4) 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.

(5) 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.

(6) 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.

(7) If the court makes a direction under subsection (1)(b) and the judge decides the relevant question differently he must proceed as he would have been required to do if he had decided that question differently at the extradition hearing.

(8) If the court makes a direction under subsection (1)(b) and the judge does not decide the relevant question differently the appeal must be taken to have been dismissed by a decision of the High Court.

[F41 (9) If the court—

(a) allows the appeal, or

(b) makes a direction under subsection (1)(b),

it must remand the person in custody or on bail.

(10) If the court remands the person in custody it may later grant bail.]F41

Textual Amendments

F41 S. 106(9)(10) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 8(7); S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I44 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

107 Detention pending conclusion of appeal under section 105 U.K.

(1) This section applies if immediately after the judge orders the person’s discharge the judge is informed on behalf of the category 2 territory of an intention to appeal under section 105.

(2) The judge must remand the person in custody or on bail while the appeal is pending.

(3) [F42 If the person is remanded in custody, the appropriate judge may] later grant bail.

(4) An appeal under section 105 ceases to be pending at the earliest of these times—

(a) when the proceedings on the appeal are discontinued;

[F43 (b) when the High Court—

(i) allows the appeal,

(ii) makes a direction under section 106(1)(b), or

(iii) dismisses the appeal,

unless, where the appeal is dismissed, the court is immediately informed on behalf of the category 2 territory of an intention to apply for leave to appeal to the [F44 Supreme Court ]; ]

(c) at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the [F44 Supreme Court] against the decision of the High Court on the appeal is granted [F45 , if no appeal to the [F44 Supreme Court] is brought before the end of that period];

(d) when there is no further step that can be taken on behalf of the category 2 territory in relation to the appeal (ignoring any power of a court to grant leave to take a step out of time).

[F46 (5) The preceding provisions of this section do not apply to Scotland.]

Textual Amendments

F42 Words in s. 107(3) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 16; S.I. 2006/3364, art. 2(d)(e)

F43 S. 107(4)(b) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 8(8)(a); S.I. 2006/3364, art. 2(d)(e)

F44 Words in s. 107 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(4)(g); S.I. 2009/1604, art. 2(d)

F45 Words in s. 107(4)(c) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 8(8)(b); S.I. 2006/3364, art. 2(d)(e)

F46 S. 107(5) substituted (29.7.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 20 para. 23(1) (with Sch. 20 para. 29); S.I. 2013/1682, art. 2(1)(b) (with art. 4(5))

Commencement Information

I45 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[F47 107A Detention pending conclusion of appeal under section 105: Scotland U.K.

(1) This section applies if immediately after the judge orders the person's discharge the judge is informed on behalf of the category 2 territory of an intention to appeal under section 105 (“the High Court appeal”).

(2) The judge must remand the person in custody or on bail while the High Court appeal is pending.

(3) The High Court appeal ceases to be pending at the earliest of these times—

(a) when the proceedings on the appeal are abandoned;

(b) when the High Court—

(i) allows the appeal,

(ii) makes a direction under section 106(1)(b), or

(iii) dismisses the appeal.

(4) If—

(a) the High Court appeal is dismissed, and

(b) immediately after dismissing it, the High Court is informed of an intention to bring an appeal to the Supreme Court against a determination of a relevant devolution issue (“the Supreme Court appeal”),

the High Court must remand the person in custody or on bail while the Supreme Court appeal is pending.

(5) The Supreme Court appeal ceases to be pending at the earliest of these times—

(a) the end of the period of 28 days starting with the day when the High Court appeal is dismissed (unless, within that period, an application is made to the High Court for permission to make the Supreme Court appeal);

(b) the end of the period of 28 days starting with the day when the High Court refuses permission to make the Supreme Court appeal (unless, within that period, an application is made to the Supreme Court for permission to make the Supreme Court appeal);

(c) the end of the period of 28 days starting with the day on which permission is given to bring the Supreme Court appeal (unless the appeal is brought within that period);

(d) the time when the proceedings on the Supreme Court appeal are abandoned;

(e) the time when there is no further step that can be taken in relation to the Supreme Court appeal by the category 2 territory (ignoring any power of a court to grant leave to take a step out of time).

(6) If the person is remanded in custody by the judge or the High Court, the appropriate judge may later grant bail.

(7) In this section “relevant devolution issue” means a devolution issue relating to the person's extradition.

(8) This section applies only to Scotland.]

Textual Amendments

F47 S. 107A inserted (29.7.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 20 para. 23(2) (with Sch. 20 para. 29); S.I. 2013/1682, art. 2(1)(b) (with art. 4(5))

108 Appeal against extradition order U.K.

(1) If the Secretary of State 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 person has consented to his extradition under section 127.

(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 14 days starting with the day on which the Secretary of State informs the person of the order under section 100(1).

[F48 (5) But notice of an appeal under this section may be given after the end of the permitted period if it is an appeal on human rights grounds.

(6) Notice of any such appeal must be given in accordance with rules of court at a time before the person is extradited to the category 2 territory in accordance with section 117.

(7) Where notice of an appeal is given in accordance with subsections (5) and (6), the High Court is to consider the appeal only if it appears to the High Court that—

(a) the appeal is necessary to avoid real injustice, and

(b) the circumstances are exceptional and make it appropriate to consider the appeal.

(8) In this section “appeal on human rights grounds” means an appeal against the order for the person's extradition on the grounds (and only on the grounds) that the extradition would not be compatible with the Convention rights within the meaning of the Human Rights Act 1998.]

Textual Amendments

F48 S. 108(5)-(8) inserted (29.7.2013 for E.W., 14.10.2013 for N.I.) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 20 para. 12 (with Sch. 20 para. 1415); S.I. 2013/1682, art. 2(2)(b); S.I. 2013/2349, art. 2(4)

Commencement Information

I46 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

109 Court’s powers on appeal under section 108 U.K.

(1) On an appeal under section 108 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 Secretary of State ought to have decided a question before him differently;

(b) if he had decided the question in the way he ought to have done, he would not have ordered the person’s extradition.

(4) The conditions are that—

(a) an issue is raised that was not raised when the case was being considered by the Secretary of State or information is available that was not available at that time;

(b) the issue or information would have resulted in the Secretary of State deciding a question before him differently;

(c) if he had decided the question in that way, he would not have ordered the person’s extradition.

(5) If the court allows the appeal it must—

(a) order the person’s discharge;

(b) quash the order for his extradition.

Commencement Information

I47 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

110 Appeal against discharge by Secretary of State U.K.

(1) If the Secretary of State makes an order for a person’s discharge under this Part, an appeal to the High Court may be brought on behalf of the category 2 territory against the relevant decision.

(2) But subsection (1) does not apply if the order for the person’s discharge was under section 123.

(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 14 days starting with the day on which (under section 100(4)) the Secretary of State informs a person acting on behalf of the category 2 territory of the order.

Commencement Information

I48 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

111 Court’s powers on appeal under section 110 U.K.

(1) On an appeal under section 110 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 Secretary of State ought to have decided a question before him differently;

(b) if he had decided the question in the way he ought to have done, he would have ordered the person’s extradition.

(4) The conditions are that—

(a) an issue is raised that was not raised when the case was being considered by the Secretary of State or information is available that was not available at that time;

(b) the issue or information would have resulted in the Secretary of State deciding a question before him differently;

(c) if he had decided the question in that way, he would have ordered the person’s extradition.

(5) If the court allows the appeal it must—

(a) quash the order discharging the person;

(b) order the person’s extradition.

[F49 (6) If the court allows the appeal it must remand the person in custody or on bail.

(7) If the court remands the person in custody it may later grant bail.]F49

Textual Amendments

F49 S. 111(6)(7) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 8(9); S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I49 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[F50 112 Detention pending conclusion of appeal under section 110 U.K.

(1) This section applies in a case where the Secretary of State orders the person's discharge under this Part.

(2) Subject to subsection (3)—

(a) the order made by the appropriate judge under section 92(4) (“ the remand order ”) remains in force until the end of the period of three days beginning with the day on which the person's discharge is ordered;

(b) if within that period the Secretary of State is informed in writing on behalf of the category 2 territory of an intention to appeal under section 110, the remand order remains in force while the appeal is pending.

(3) If the person is remanded in custody under section 92(4), the appropriate judge may grant bail.

(4) An appeal under section 110 ceases to be pending at the earliest of these times—

(a) when the proceedings on the appeal are discontinued;

(b) when the High Court—

(i) allows the appeal, or

(ii) dismisses the appeal,

unless, where the appeal is dismissed, the court is immediately informed on behalf of the category 2 territory of an intention to apply for leave to appeal to the [F51 Supreme Court ];

(c) at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the [F51 Supreme Court ] against the decision of the High Court on the appeal is granted, if no appeal to the [F51 Supreme Court ] is brought before the end of that period;

(d) when there is no further step that can be taken on behalf of the category 2 territory in relation to the appeal (ignoring any power of a court to grant leave to take a step out of time).

[F52 (5) The preceding provisions of this section do not apply to Scotland.]]

Textual Amendments

F50 S. 112 substituted (15.1.2007) by Police and Justice Act 2006 (c. 48) , ss. 42 , 53 , Sch. 13 para. 8(10) ; S.I. 2006/3364 , art. 2(d)(e)

F51 Words in s. 112 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4) , ss. 40 , 148 , Sch. 9 para. 81(4)(h) ; S.I. 2009/1604 , art. 2(d)

F52 S. 112(5) substituted (29.7.2013) by Crime and Courts Act 2013 (c. 22) , s. 61(2) , Sch. 20 para. 24(1) (with Sch. 20 para. 29 ); S.I. 2013/1682 , art. 2(1)(b) (with art. 4(6) )

Commencement Information

I50 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103 , art. 2 (subject to arts. 3-5 ) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[F53 112A Detention pending conclusion of appeal under section 110: Scotland U.K.

(1) This section applies in a case where the Scottish Ministers order the person's discharge under this Part.

(2) Subject to subsection (6)—

(a) the order made by the appropriate judge under section 92(4) (“the remand order”) remains in force until the end of the period of three days beginning with the day on which the person's discharge is ordered;

(b) if within that period the Scottish Ministers are informed in writing on behalf of the category 2 territory of an intention to appeal under section 110 (“the High Court appeal”), the remand order remains in force while the appeal is pending.

(3) The High Court appeal ceases to be pending at the earliest of these times—

(a) when the proceedings on the appeal are abandoned;

(b) when the High Court—

(i) allows the appeal, or

(ii) dismisses the appeal.

(4) If—

(a) the High Court appeal is dismissed,

(b) immediately after dismissing it, the High Court is informed of an intention to bring an appeal to the Supreme Court against a determination of a relevant devolution issue (“the Supreme Court appeal”), and

(c) the remand order has remained in force until that time,

then, subject to subsection (6), the remand order continues to remain in force while the Supreme Court appeal is pending.

(5) The Supreme Court appeal ceases to be pending at the earliest of these times—

(a) the end of the period of 28 days starting with the day when the High Court appeal is dismissed (unless, within that period, an application is made to the High Court for permission to make the Supreme Court appeal);

(b) the end of the period of 28 days starting with the day when the High Court refuses permission to make the Supreme Court appeal (unless, within that period, an application is made to the Supreme Court for permission to make the Supreme Court appeal);

(c) the end of the period of 28 days starting with the day on which permission is given to bring the Supreme Court appeal (unless the appeal is brought within that period);

(d) the time when the proceedings on the Supreme Court appeal are abandoned;

(e) the time when there is no further step that can be taken in relation to the Supreme Court appeal by the category 2 territory (ignoring any power of a court to grant leave to take a step out of time).

(6) If the person is remanded in custody under section 92(4), the appropriate judge may later grant bail.

(7) In this section “relevant devolution issue” means a devolution issue relating to the person's extradition.

(8) This section applies only to Scotland.]

Textual Amendments

F53 S. 112A inserted (29.7.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 20 para. 24(2) (with Sch. 20 para. 29); S.I. 2013/1682, art. 2(1)(b) (with art. 4(6))

113 Appeal to High Court: time limit for start of hearing U.K.

(1) Rules of court must prescribe the period (the relevant period) within which the High Court must begin to hear an appeal under section 103, 105, 108 or 110.

(2) The High Court must begin to hear the appeal before the end of the relevant period.

(3) 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.

(4) The power in subsection (3) may be exercised even after the end of the relevant period.

(5) If subsection (2) is not complied with and the appeal is under section 103 or 108—

(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.

(6) If subsection (2) is not complied with and the appeal is under section 105 or 110 the appeal must be taken to have been dismissed by a decision of the High Court.

Commencement Information

I51 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

114 Appeal to [F54 Supreme Court]F54 U.K.

(1) An appeal lies to the [F55 Supreme Court]F55 from a decision of the High Court on an appeal under section 103, 105, 108 or 110.

(2) An appeal under this section lies at the instance of—

(a) the person whose extradition is requested;

(b) a person acting on behalf of the category 2 territory.

(3) An appeal under this section lies only with the leave of the High Court or the [F56 Supreme Court]F56 .

(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 [F57 Supreme Court]F57 .

(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 [F58 Supreme Court]F58 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 [F59 Supreme Court]F59 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.

[F60 (10) The High Court may grant bail to a person appealing under this section, or applying for leave to appeal under this section, against the dismissal of his appeal under section 103 or 108.]

F60 (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.

Textual Amendments

F54 Words in s. 114 sidenote substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(3); S.I. 2009/1604, art. 2(d)

F55 Words in s. 114(1) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(3); S.I. 2009/1604, art. 2(d)

F56 Words in s. 114(3) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(3); S.I. 2009/1604, art. 2(d)

F57 Words in s. 114(4)(b) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(3); S.I. 2009/1604, art. 2(d)

F58 Words in s. 114(6) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(3); S.I. 2009/1604, art. 2(d)

F59 Words in s. 114(8)(b) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(3); S.I. 2009/1604, art. 2(d)

F60 S. 114(10) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 8(11); S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I52 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

115 Powers of [F61 Supreme Court]F61 on appeal under section 114 U.K.

(1) On an appeal under section 114 the [F62 Supreme Court]F62 may—

(a) allow the appeal;

(b) dismiss the appeal.

(2) Subsection (3) applies if—

(a) the person whose extradition is requested brings an appeal under section 114, and

(b) the [F62 Supreme Court]F62 allows the appeal.

(3) The [F62 Supreme Court]F62 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 103 or 108 or to allow an appeal under section 110.

(4) Subsection (5) applies if—

(a) the High Court allows an appeal under section 103 or 108 by the person whose extradition is requested or dismisses an appeal under section 110 by a person acting on behalf of the category 2 territory,

(b) a person acting on behalf of the category 2 territory brings an appeal under section 114 against the decision of the High Court, and

(c) the [F62 Supreme Court]F62 allows the appeal.

(5) The [F62 Supreme Court]F62 must—

(a) quash the order discharging the person made by the High Court under section 104(5) or 109(5) or by the Secretary of State under this Part;

(b) order the person to be extradited to the category 2 territory.

(6) Subsection (7) applies if—

(a) the High Court dismisses an appeal under section 105 against a decision made by the judge at the extradition hearing,

(b) a person acting on behalf of the category 2 territory brings an appeal under section 114 against the decision of the High Court, and

(c) the [F62 Supreme Court]F62 allows the appeal.

(7) The [F62 Supreme Court]F62 must—

(a) quash the order of the judge discharging the person whose extradition is requested;

(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.

(8) A question is the relevant question if the judge’s decision on it resulted in the order for the person’s discharge.

[F63 (9) In a case where subsection (5) or (7) applies, the [F62 Supreme Court]F62 must remand, in custody or on bail, the person whose extradition is requested.

(10) If the [F62 Supreme Court]F62 remands the person in custody the High Court may later grant bail.]F63

Textual Amendments

F61 Words in s. 115 sidenote substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(4)(i); S.I. 2009/1604, art. 2(d)

F62 Words in s. 115 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(4)(i); S.I. 2009/1604, art. 2(d)

F63 S. 115(9)(10) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 8(12); S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I53 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[F64 115A Detention pending conclusion of certain appeals under section 114 U.K.

(1) This section applies if—

(a) on an appeal under section 103 or 108 the High Court orders the person's discharge;

(b) immediately after it does so, the court is informed on behalf of the category 2 territory of an intention to appeal under section 114.

(2) The court must remand the person in custody or on bail while the appeal is pending.

(3) If the court remands the person in custody it may later grant bail.

(4) An appeal under section 114 ceases to be pending at the earliest of these times—

(a) when the proceedings on the appeal are discontinued;

(b) 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 under section 103 or 108 is granted, if no appeal to the House of Lords is brought before the end of that period;

(c) when there is no further step that can be taken on behalf of the category 2 territory 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 do not apply to Scotland.]

Textual Amendments

F64 S. 115A inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 8(13); S.I. 2006/3364, art. 2(d)(e)

[F65 115B Detention pending conclusion of appeals relating to devolution issues U.K.

(1) This section applies if—

(a) on an appeal under section 103 or 108 the High Court orders the person's discharge;

(b) immediately after ordering the person's discharge, the High Court is informed of an intention to bring an appeal to the Supreme Court against a determination of a relevant devolution issue (“the Supreme Court appeal”).

(2) The High Court must remand the person in custody or on bail while the Supreme Court appeal is pending.

(3) If the court remands the person in custody it may later grant bail.

(4) The Supreme Court appeal ceases to be pending at the earliest of these times—

(a) the end of the period of 28 days starting with the day when the High Court orders the person's discharge (unless, within that period, an application is made to the High Court for permission to make the Supreme Court appeal);

(b) the end of the period of 28 days starting with the day when the High Court refuses permission to make the Supreme Court appeal (unless, within that period, an application is made to the Supreme Court for permission to make the Supreme Court appeal);

(c) the end of the period of 28 days starting with the day on which permission is given to bring the Supreme Court appeal (unless the appeal is brought within that period);

(d) the time when the proceedings on the Supreme Court appeal are abandoned;

(e) the time when there is no further step that can be taken in relation to the Supreme Court appeal (ignoring any power of a court to grant leave to take a step out of time).

(5) In this section “relevant devolution issue” means a devolution issue relating to the person's extradition.

(6) This section applies only to Scotland.]

Textual Amendments

F65 S. 115B inserted (29.7.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 20 para. 25 (with Sch. 20 para. 29); S.I. 2013/1682, art. 2(1)(b) (with art. 4(7))

116 Appeals: general U.K.

[F66 (1)] A decision under this Part of the judge or the Secretary of State may be questioned in legal proceedings only by means of an appeal under this Part.

[F67 (2) Subsection (1) does not prevent an appeal against a determination of a devolution issue.

(3) In this Part “ devolution issue ” has the same meaning as in Schedule 6 to the Scotland Act 1998. ]

Textual Amendments

F66 S. 116 renumbered as s. 116(1) (29.7.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 20 para. 26 (with Sch. 20 para. 29); S.I. 2013/1682, art. 2(1)(b)

F67 S. 116(2)(3) inserted (29.7.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 20 para. 26 (with Sch. 20 para. 29); S.I. 2013/1682, art. 2(1)(b)

Commencement Information

I54 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Time for extradition U.K.

Commencement Information

I55 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

117 Extradition where no appeal U.K.

(1) This section applies if—

(a) the Secretary of State orders a person’s extradition to a category 2 territory under this Part, and

(b) no notice of an appeal under section 103 or 108 is given before the end of the permitted period, which is 14 days starting with the day on which the Secretary of State informs the person under section 100(1) that he has ordered his extradition.

(2) The person must be extradited to the category 2 territory before the end of the required period, which is 28 days starting with the day on which the Secretary of State makes the order.

(3) 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.

(4) 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.

[F68 (5) If a person brings an appeal under section 108 by virtue of subsection (5) of that section, this section ceases to apply (but section 118 applies instead).]

Textual Amendments

F68 S. 117(5) inserted (29.7.2013 for E.W., 14.10.2013 for N.I.) by Crime and Courts Act 2013 (c. 22) , s. 61(2) , Sch. 20 para. 13 (with Sch. 20 para. 14 15 ); S.I. 2013/1682 , art. 2(2)(b) ; S.I. 2013/2349 , art. 2(4)

Commencement Information

I56 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103 , art. 2 (subject to arts. 3-5 ) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

118 Extradition following appeal U.K.

(1) This section applies if—

(a) there is an appeal to the High Court under section 103, 108 or 110 against a decision or order relating to a person’s extradition to a category 2 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 2 territory before the end of the required period, which is 28 days starting with—

(a) the day on which the decision of the relevant court on the appeal becomes final, or

(b) the day on which proceedings on the appeal are discontinued.

(3) The relevant court is—

(a) the High Court, if there is no appeal to the [F69 Supreme Court] against the decision of the High Court on the appeal;

(b) the [F69 Supreme Court], if there is such an appeal.

(4) 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 [F69 Supreme Court] ends, if there is no such application;

(b) when the period permitted for applying to the [F69 Supreme Court] for leave to appeal to it ends, if the High Court refuses leave to appeal and there is no application to the [F69 Supreme Court] for leave to appeal;

(c) when the [F69 Supreme Court] 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 [F69 Supreme Court] is granted, if no such appeal is brought before the end of that period.

(5) These must be ignored for the purposes of subsection (4)—

(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.

(6) The decision of the [F69 Supreme Court] on the appeal becomes final when it is made.

(7) 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.

[F70 (8) The preceding provisions of this section do not apply to Scotland.]

Textual Amendments

F69 Words in s. 118 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4) , ss. 40 , 148 , {Sch. 9 para. 81(4)(j}; S.I. 2009/1604 , art. 2(d)

F70 S. 118(8) substituted (29.7.2013) by Crime and Courts Act 2013 (c. 22) , s. 61(2) , Sch. 20 para. 27(1) (with Sch. 20 para. 29 ); S.I. 2013/1682 , art. 2(1)(b) (with art. 4(8) )

Commencement Information

I57 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103 , art. 2 (subject to arts. 3-5 ) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[F71 118A Extradition following appeal: Scotland S

(1) This section applies if—

(a) there is an appeal to the High Court under section 103, 108 or 110 against a decision or order relating to a person's extradition to a category 2 territory, and

(b) the effect of the decision in the relevant proceedings is that the person must be extradited to the category 2 territory.

(2) The “relevant proceedings” are—

(a) the proceedings on the appeal under section 103, 108 or 110 if—

(i) no Supreme Court devolution appeal is made, or

(ii) a Supreme Court devolution appeal is made and the Supreme Court remits the case to the High Court, or

(b) the proceedings on a Supreme Court devolution appeal if such an appeal is made and the Supreme Court does not remit the case to the High Court.

(3) The person must be extradited to the category 2 territory before the end of the required period, which is 28 days starting with—

(a) the day on which the decision in the relevant proceedings becomes final, or

(b) the day on which the relevant proceedings are abandoned.

(4) In a case where the relevant proceedings are proceedings on the appeal under section 103, 108 or 110 (except the case has been remitted to the High Court on a Supreme Court devolution appeal), the decision in those proceedings becomes final—

(a) at the end of the period of 28 days starting with the day of the High Court's decision on the appeal (unless, within that period, an application is made to the High Court for permission to make a Supreme Court devolution appeal);

(b) at the end of the period of 28 days starting with the day when the High Court refuses permission to make a Supreme Court devolution appeal (unless, within that period, an application is made to the Supreme Court for permission to make the appeal);

(c) when the Supreme Court refuses permission to make a Supreme Court devolution appeal;

(d) at the end of the permitted period, which is 28 days starting with the day on which permission to make a Supreme Court devolution appeal is granted, if no such appeal is brought before the end of that period.

(5) These must be ignored for the purposes of subsection (4)—

(a) any power of a court to extend the period permitted for applying for permission to appeal;

(b) any power of a court to grant permission to take a step out of time.

(6) In a case where—

(a) the relevant proceedings are proceedings on the appeal under section 103, 108 or 110, and

(b) the case has been remitted to the High Court on a Supreme Court devolution appeal,

the decision in those proceedings becomes final when it is made.

(7) In a case where—

(a) the relevant proceedings are proceedings on a Supreme Court devolution appeal, and

(b) the decision is not to remit the case to the High Court,

the decision in those proceedings becomes final when it is made.

(8) If subsection (3) is not complied with and the person applies to the appropriate judge to be discharged, the judge must order the person's discharge, unless reasonable cause is shown for the delay.

(9) In this section “Supreme Court devolution appeal” means an appeal to the Supreme Court against a determination of a devolution issue relating to a person's extradition.

(10) This section applies only to Scotland.]

Textual Amendments

F71 S. 118A inserted (29.7.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 20 para. 27(2) (with Sch. 20 para. 29); S.I. 2013/1682, art. 2(1)(b) (with art. 4(8))

[F72 118B Scottish devolution issue: remand in custody or on bail S

(1) This section applies where, on an appeal to the Supreme Court against a determination of a devolution issue relating to a person's extradition under this Part, the Supreme Court—

(a) remits the case to the High Court, or

(b) orders the person's extradition.

(2) The Supreme Court must remand the person in custody or on bail pending the person's extradition.

(3) If the Supreme Court remands the person in custody, the High Court may later grant bail.]

Textual Amendments

F72 S. 118B inserted (29.7.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 20 para. 28 (with Sch. 20 para. 29); S.I. 2013/1682, art. 2(1)(b) (with art. 4(9))

119 Undertaking in relation to person serving sentence in United Kingdom U.K.

(1) This section applies if—

(a) the Secretary of State orders a person’s extradition to a category 2 territory under this Part;

(b) the person is serving a sentence of imprisonment or another form of detention in the United Kingdom [F73 , either—

(i) in custody, or

(ii) on licence]

F73 .

(2) The Secretary of State 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 2 territory in terms specified by him.

(3) The terms which may be specified by the Secretary of State in relation to a person [F74 within subsection (1)(b)(i) who is]F74 accused in a category 2 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 2 territory;

(b) that the person be returned to the United Kingdom to serve the remainder of his sentence on the conclusion of those proceedings.

[F75 (3A) The terms which may be specified by the Secretary of State in relation to a person within subsection (1)(b)(ii) who is accused in a category 2 territory of the commission of an offence 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 2 territory for—

(a) the offence, and

(b) any other offence in respect of which he is permitted to be dealt with in the category 2 territory.]

F75 (4) The terms which may be specified by the Secretary of State in relation to a person alleged to be unlawfully at large after conviction of an offence by a court in a category 2 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 2 territory for—

(a) the offence, and

(b) any other offence in respect of which he is permitted to be dealt with in the category 2 territory.

(5) Subsections (6) and (7) apply if the Secretary of State makes an order for extradition subject to a condition under subsection (2).

(6) If the Secretary of State 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 High Court to be discharged, the court must order his discharge.

(7) If the Secretary of State receives the undertaking before the end of that period—

(a) in a case where section 117 applies, the required period for the purposes of section 117(2) is 28 days starting with the day on which the Secretary of State receives the undertaking;

(b) in a case where section 118 applies, the required period for the purposes of section 118(2) is 28 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 Secretary of State receives the undertaking.

Textual Amendments

F73 S. 119(1)(b)(i)(ii) and word inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 13(2); S.I. 2006/3364, art. 2(d)(e)

F74 Words in s. 119(3) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 13(3); S.I. 2006/3364, art. 2(d)(e)

F75 S. 119(3A) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 13(4); S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I58 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

120 Extradition following deferral for competing claim U.K.

(1) This section applies if—

(a) an order is made under this Part for a person to be extradited to a category 2 territory in pursuance of a request for his extradition;

(b) before the person is extradited to the territory an order is made under section 126(2) or 179(2) for the person’s extradition in pursuance of the request to be deferred;

(c) the appropriate judge makes an order under section 181(2) for the person’s extradition in pursuance of the request to cease to be deferred.

(2) In a case where section 117 applies, the required period for the purposes of section 117(2) is 28 days starting with the day on which the order under section 181(2) is made.

(3) In a case where section 118 applies, the required period for the purposes of section 118(2) is 28 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.

Commencement Information

I59 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

121 Asylum claim U.K.

(1) This section applies if—

(a) a person whose extradition is requested 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 request.

(2) The relevant period is the period—

(a) starting when a certificate is issued under section 70 in respect of the request;

(b) ending when the person is extradited in pursuance of the request.

(3) The person must not be extradited in pursuance of the request before the asylum claim is finally determined; and sections 117 and 118 have effect subject to this.

(4) If the Secretary of State allows the asylum claim, the claim is finally determined when he makes his decision on the claim.

(5) 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.

(6) An appeal against the Secretary of State’s decision on an asylum claim is not finally determined for the purposes of subsection (5) 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.

(7) The remittal of an appeal is not a final determination for the purposes of subsection (6).

(8) The possibility of an appeal out of time with leave must be ignored for the purposes of subsections (5) and (6).

Commencement Information

I60 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Withdrawal of extradition request U.K.

Commencement Information

I61 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

122 Withdrawal of request before end of extradition hearing U.K.

(1) This section applies if at any time in the relevant period the appropriate judge is informed by the Secretary of State that a request for a person’s extradition has been withdrawn.

(2) The relevant period is the period—

(a) starting when the person first appears or is brought before the appropriate judge following his arrest under this Part;

(b) ending when the judge orders the person’s discharge or sends the case to the Secretary of State for his decision whether the person is to be extradited.

(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.

Commencement Information

I62 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

123 Withdrawal of request after case sent to Secretary of State U.K.

(1) This section applies if at any time in the relevant period the Secretary of State is informed that a request for a person’s extradition has been withdrawn.

(2) The relevant period is the period—

(a) starting when the judge sends the case to the Secretary of State for his decision whether the person is to be extradited;

(b) ending when the person is extradited in pursuance of the request or discharged.

(3) The Secretary of State must order the person’s discharge.

Commencement Information

I63 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

124 Withdrawal of request while appeal to High Court pending U.K.

(1) This section applies if at any time in the relevant period the High Court is informed by the Secretary of State that a request for a person’s extradition 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 whose extradition is requested or by a person acting on behalf of the category 2 territory to which his extradition is requested;

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

(3) If the appeal is under section 103 or 108, the court must—

(a) order the person’s discharge;

(b) quash the order for his extradition, if the Secretary of State has ordered his extradition.

(4) If the appeal is under section 105 or 110, the court must dismiss the appeal.

(5) 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.

Commencement Information

I64 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

125 Withdrawal of request while appeal to [F76 Supreme Court]F76 pending U.K.

(1) This section applies if at any time in the relevant period the [F77 Supreme Court]F77 is informed by the Secretary of State that a request for a person’s extradition has been withdrawn.

(2) The relevant period is the period—

(a) starting when leave to appeal to the [F77 Supreme Court]F77 is granted to the person whose extradition is requested or a person acting on behalf of the category 2 territory to which his extradition is requested;

(b) ending when proceedings on the appeal are discontinued or the [F77 Supreme Court]F77 makes its decision on the appeal.

(3) If the appeal is brought by the person whose extradition is requested the [F77 Supreme Court]F77 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 103 or 108.

(4) If the appeal is brought by a person acting on behalf of the category 2 territory the [F77 Supreme Court]F77 must dismiss the appeal.

(5) If the person whose extradition is requested is not before the [F77 Supreme Court]F77 at the time it orders his discharge, the [F77 Supreme Court]F77 must inform him of the order as soon as practicable.

Textual Amendments

F76 Words in s. 125 sidenote substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(4)(k); S.I. 2009/1604, art. 2(d)

F77 Words in s. 125 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(4)(k); S.I. 2009/1604, art. 2(d)

Commencement Information

I65 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Competing extradition requests U.K.

Commencement Information

I66 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

126 Competing extradition requests U.K.

(1) This section applies if—

(a) the Secretary of State receives a valid request for a person’s extradition to a category 2 territory;

(b) the person is in the United Kingdom;

(c) before the person is extradited in pursuance of the request or discharged, the Secretary of State receives another valid request for the person’s extradition.

(2) The Secretary of State may—

(a) order proceedings (or further proceedings) on one of the requests to be deferred until the other one has been disposed of, if neither of the requests has been disposed of;

(b) order the person’s extradition in pursuance of the request under consideration to be deferred until the other request has been disposed of, if an order for his extradition in pursuance of the request under consideration has been made.

(3) In applying subsection (2) the Secretary of State 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 when each request was received;

(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.

Commencement Information

I67 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Consent to extradition U.K.

Commencement Information

I68 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

127 Consent to extradition: general U.K.

(1) A person arrested under a warrant issued under section 71 may consent to his extradition to the category 2 territory to which his extradition is requested.

(2) A person arrested under a provisional warrant may consent to his extradition to the category 2 territory in which he is accused of the commission of an offence or is alleged to have been convicted of an offence.

(3) Consent under this section—

(a) must be given in writing;

(b) is irrevocable.

(4) Consent under this section which is given by a person before his case is sent to the Secretary of State for the Secretary of State’s decision whether he is to be extradited must be given before the appropriate judge.

(5) Consent under this section which is given in any other case must be given to the Secretary of State.

(6) A person may not give his consent under this section before the appropriate judge 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 (7) applies.

(7) 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.

(8) In subsection (7) “legal aid” means—

[F78 (a) in England and Wales, representation for the purposes of criminal proceedings provided under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012;]

(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.

(9) For the purposes of subsection (6) 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.

Textual Amendments

F78 S. 127(8)(a) substituted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 para. 64; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)

Commencement Information

I69 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

128 Consent to extradition before case sent to Secretary of State U.K.

(1) This section applies if a person gives his consent under section 127 to the appropriate judge.

(2) If the judge has not fixed a date under section 75 or 76 on which the extradition hearing is to begin he is not required to do so.

(3) If the extradition hearing has begun the judge is no longer required to proceed or continue proceeding under sections 78 to 91.

(4) The judge must send the case to the Secretary of State for his decision whether the person is to be extradited.

(5) The person must be taken to have waived any right he would have (apart from the consent) not to be dealt with in the category 2 territory for an offence committed before his extradition.

Commencement Information

I70 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Post-extradition matters U.K.

Commencement Information

I71 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

129 Consent to other offence being dealt with U.K.

(1) This section applies if—

(a) a person is extradited to a category 2 territory in accordance with this Part;

(b) the Secretary of State receives a valid request for his consent to the person being dealt with in the territory for an offence other than the offence in respect of which he was extradited.

(2) A request for consent is valid if it is made by an authority which is an authority of the territory and which the Secretary of State believes has the function of making requests for the consent referred to in subsection (1)(b) in that territory.

(3) 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.

(4) The Secretary of State must decide whether the offence is an extradition offence.

(5) If the Secretary of State decides the question in subsection (4) in the negative he must refuse his consent.

(6) 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.

(7) If the Secretary of State decides the question in subsection (6) in the negative he must refuse his consent.

(8) 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 in respect of the offence would be prohibited under section 94, 95 or 96.

(9) If the Secretary of State decides the question in subsection (8) in the affirmative he must refuse his consent.

(10) If the Secretary of State decides that question in the negative he may give his consent.

Commencement Information

I72 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

130 Consent to further extradition to category 2 territory U.K.

(1) This section applies if—

(a) a person is extradited to a category 2 territory (the requesting territory) in accordance with this Part;

(b) the Secretary of State receives a valid request for his consent to the person’s extradition to another category 2 territory for an offence other than the offence in respect of which he was extradited.

(2) A request for consent is valid if it is made by an authority which is an authority of the requesting territory and which the Secretary of State believes has the function of making requests for the consent referred to in subsection (1)(b) in that territory.

(3) 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.

(4) The Secretary of State must decide whether the offence is an extradition offence in relation to the category 2 territory referred to in subsection (1)(b).

(5) If the Secretary of State decides the question in subsection (4) in the negative he must refuse his consent.

(6) 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.

(7) If the Secretary of State decides the question in subsection (6) in the negative he must refuse his consent.

(8) 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 in respect of the offence would be prohibited under section 94, 95 or 96.

(9) If the Secretary of State decides the question in subsection (8) in the affirmative he must refuse his consent.

(10) If the Secretary of State decides that question in the negative he may give his consent.

Commencement Information

I73 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

131 Consent to further extradition to category 1 territory U.K.

(1) This section applies if—

(a) a person is extradited to a category 2 territory (the requesting territory) in accordance with this Part;

(b) the Secretary of State receives a valid request for his consent to the person’s extradition to a category 1 territory for an offence other than the offence in respect of which he was extradited.

(2) A request for consent is valid if it is made by an authority which is an authority of the requesting territory and which the Secretary of State believes has the function of making requests for the consent referred to in subsection (1)(b) in that territory.

(3) 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.

(4) The Secretary of State must decide whether the offence is an extradition offence within the meaning given by section 64 in relation to the category 1 territory.

(5) If the Secretary of State decides the question in subsection (4) in the negative he must refuse his consent.

(6) If the Secretary of State decides that question in the affirmative he must decide whether the appropriate judge 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 the Secretary of State’s consent is requested.

(7) If the Secretary of State decides the question in subsection (6) in the affirmative he must give his consent.

(8) If the Secretary of State decides that question in the negative he must refuse his consent.

Commencement Information

I74 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[F79 132 Return of person to serve remainder of sentence U.K.

(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 2 territory in accordance with this Part;

(b) the person is returned to the United Kingdom to serve the remainder of the sentence or the person otherwise returns to the United Kingdom.

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

(3) But subsection (2) 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 the person was permitted to be dealt with in the category 2 territory.

(4) In a case falling within subsection (3), time during which the person was outside the United Kingdom as a result of the extradition counts as time served by the person as part of the sentence if (and only if) it was spent in custody in connection with the offence or any other offence in respect of which the person was permitted to be dealt with in the territory.

(5) In a case where the person is not entitled to be released from detention pursuant to the sentence—

(a) the person is liable to be detained in pursuance of the sentence, and

(b) if at large, the person must be treated as being unlawfully at large.

(6) In a case where the person is entitled to be released from detention on licence pursuant to the sentence—

(a) if the person was released on licence at the time of extradition, the licence is suspended until the person's return,

(b) if the person was not released on licence at that time, subsections (7) to (10) apply in relation to the person (“the offender”).

(7) The offender is liable to be detained, on return, in any place in which the offender could have been detained pursuant to the sentence before the time of extradition.

(8) A constable or immigration officer may—

(a) take the offender into custody, and

(b) convey the offender to the place mentioned in subsection (7).

(9) The offender must be released on licence within the period of 5 days beginning when the offender is taken (or retaken) into custody under this section.

(10) In calculating a period of 5 days for the purposes of subsection (9) no account is to be taken of any day mentioned in any of paragraphs (a) to (d) of section 59(10).

(11) A person is entitled to be released from detention if there is—

F80 ( a ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a duty to release the person under [F81 Chapter 6 of Part 12 ] of the Criminal Justice Act 2003 F82 ...,

(c) a duty to release the person under section 1, 1AA or 7(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 or section 5, 11(2), 13, 19 or 23 of the Custodial Sentences and Weapons (Scotland) Act 2007, or

(d) a duty to release the person under section 1 of the Northern Ireland (Remission of Sentences) Act 1995, Article 26 of the Criminal Justice (Northern Ireland) Order 1996 or Article 17 or 18(8) of the Criminal Justice (Northern Ireland) Order 2008.

(12) The powers conferred on a constable by subsection (8) are exercisable in any part of the United Kingdom.

(13) An immigration officer is a person who is an immigration officer within the meaning of the Immigration Act 1971. ]

Textual Amendments

F79 S. 132 substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 73, 116; S.I. 2009/3096, art. 3(p)

F80 S. 132(11)(a) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 16 para. 11(a); S.I. 2012/2906, art. 2(n)

F81 Words in s. 132(11)(b) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 16 para. 11(b); S.I. 2012/2906, art. 2(n)

F82 Words in s. 132(11)(b) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 11(2)(b); S.I. 2012/2906, art. 2(h)

Commencement Information

I75 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Costs U.K.

Commencement Information

I76 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

133 Costs where extradition ordered U.K.

(1) This section applies if any of the following occurs in relation to a person whose extradition is requested under this Part—

(a) an order for the person’s extradition is made under this Part;

(b) the High Court dismisses an appeal under section 103 or 108;

(c) the High Court or the [F83 Supreme Court]F83 dismisses an application for leave to appeal to the [F83 Supreme Court]F83 under section 114, if the application is made by the person;

(d) the [F83 Supreme Court]F83 dismisses an appeal under section 114, 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) by virtue of section 104(7), the judge who decides the question that is (or all the questions that are) the subject of a direction under section 104(1)(b) may make such order as he considers just and reasonable with regard to the costs to be paid by the person.

(4) In any other case falling within subsection (1)(b), the High Court may make such order as it considers just and reasonable with regard to the costs to be paid by the person.

(5) In a case falling within subsection (1)(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.

(6) An order for costs under this section—

(a) must specify their amount;

(b) may name the person to whom they are to be paid.

Textual Amendments

F83 Words in s. 133 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(4)(l); S.I. 2009/1604, art. 2(d)

Commencement Information

I77 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

134 Costs where discharge ordered U.K.

(1) This section applies if any of the following occurs in relation to a person whose extradition to a category 2 territory is requested under this Part—

(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 105 or 110;

(d) the High Court or the [F84 Supreme Court] dismisses an application for leave to appeal to the [F84 Supreme Court] under section 114, if the application is made on behalf of the category 2 territory;

(e) the [F84 Supreme Court] dismisses an appeal under section 114, if the appeal is brought on behalf of the category 2 territory.

(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 or by the Secretary of State;

(b) the High Court, if the order for the person’s discharge is made by it;

(c) the [F84 Supreme Court], 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.

[F85 (5A) In England and Wales, an order under subsection (5) is to be made, and the appropriate amount is to be determined, in accordance with sections 135A and 135B.

(5B) In Scotland and Northern Ireland, an order under subsection (5) is to be made, and the appropriate amount is to be determined, in accordance with subsections (6) to (9).]

(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.

[F86 (9) In relation to proceedings in Northern Ireland (including proceedings in the Supreme Court on an appeal, or on an application for leave to appeal, from proceedings in Northern Ireland)—

(a) subsection (5) has effect as if for “out of money provided by Parliament” there were substituted by the Department of Justice in Northern Ireland;

(b) the power to make regulations under subsection (8)(b) is exercisable by the Department of Justice in Northern Ireland (and not by the Lord Chancellor). ]

Textual Amendments

F84 Words in s. 134 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(4)(m); S.I. 2009/1604, art. 2(d)

F85 S. 134(5A)(5B) inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 7 para. 16(2) (with Sch. 7 Pt. 4); S.I. 2012/2412, art. 2(g)

F86 S. 134(9) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(5), Sch. 18 para. 70(2) (with arts. 28-31); S.I. 2010/977, art. 1(2)

Commencement Information

I78 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

135 Costs where discharge ordered: supplementary U.K.

F87 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F87 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 134 as that section applies in relation to sections 2 to 5 of that Act.

Textual Amendments

F87 S. 135(1)(2) omitted (1.10.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 7 para. 17 (with Sch. 7 Pt. 4); S.I. 2012/2412, art. 2(g); S.I. 2012/2412, art. 2(g)

Commencement Information

I79 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[F88 135A Appropriate amount: England and Wales U.K.

(1) For the purposes of an order under section 134(5), the appropriate amount is such amount as the judge or court making the order considers reasonably sufficient to compensate the person in whose favour the order is made for any expenses properly incurred by the person in the proceedings under this Part.

(2) But if the judge or court considers that there are circumstances that make it inappropriate for the person to recover the full amount mentioned in subsection (1), the order under section 134(5) must be for the payment out of money provided by Parliament of such lesser amount as the judge or court considers just and reasonable.

(3) Subsections (1) and (2) have effect subject to—

(a) section 135B, and

(b) regulations under section 20(1A)(d) of the Prosecution of Offences Act 1985 (as applied by this section).

(4) When making an order under section 134(5), the judge or court must fix the amount to be paid out of money provided by Parliament in the order if the judge or court considers it appropriate to do so and—

(a) the person in whose favour the order is made agrees the amount, or

(b) subsection (2) applies.

(5) Where the judge or court does not fix the amount to be paid out of money provided by Parliament in the order—

(a) the judge or court must describe in the order any reduction required under subsection (2), and

(b) the amount must be fixed by means of a determination made by or on behalf of the court in accordance with procedures specified in regulations made by the Lord Chancellor.

(6) Subsections (1A) to (1C) and (3) of section 20 of the Prosecution of Offences Act 1985 (regulations as to amounts ordered to be paid out of central funds) apply in relation to amounts payable out of money provided by Parliament in pursuance of an order under section 134 as they apply in relation to amounts payable out of central funds in pursuance of costs orders made under section 16 of that Act.

(7) This section extends to England and Wales only.

Textual Amendments

F88 Ss. 135A, 135B inserted (E.W.) (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 7 para. 18 (with Sch. 7 Pt. 4); S.I. 2012/2412, art. 2(g)

135B Legal costs: England and Wales U.K.

(1) An order under section 134(5) may not require the payment out of money provided by Parliament of an amount that includes an amount in respect of legal costs incurred by the person in whose favour the order is made, subject to the following provisions of this section.

(2) Subsection (1) does not apply in relation to legal costs incurred in—

(a) proceedings in a magistrates' court, or

(b) proceedings in the Supreme Court.

(3) The Lord Chancellor may by regulations make provision about exceptions from the prohibition in subsection (1), including—

(a) provision amending this section by adding, modifying or removing an exception, and

(b) provision for an exception to arise where a determination has been made by a person specified in the regulations.

(4) Regulations under subsection (3) may not remove or limit the exception provided by subsection (2)(b).

(5) Where a judge or court makes an order under section 134(5) requiring the payment out of money provided by Parliament of an amount that includes an amount in respect of legal costs, the order must include a statement to that effect.

(6) Where, in an order under section 134(5), a judge or court fixes an amount to be paid out of money provided by Parliament that includes an amount in respect of legal costs incurred in proceedings in a court other than the Supreme Court, the latter amount must not exceed an amount specified by regulations made by the Lord Chancellor.

(7) In this section—

• “ legal costs ” means fees, charges, disbursements and other amounts payable in respect of advocacy services or litigation services including, in particular, expert witness costs;

• “ advocacy services ” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right of audience in relation to any proceedings, or contemplated proceedings, to provide;

• “ expert witness costs ” means amounts payable in respect of the services of an expert witness, including amounts payable in connection with attendance by the witness at court or elsewhere;

• “ litigation services ” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right to conduct litigation in relation to proceedings, or contemplated proceedings, to provide.

(8) This section extends to England and Wales only.]

Textual Amendments

F88 Ss. 135A, 135B inserted (E.W.) (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 7 para. 18 (with Sch. 7 Pt. 4); S.I. 2012/2412, art. 2(g)

Repatriation cases U.K.

Commencement Information

I80 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

136 Persons serving sentences outside territory where convicted U.K.

(1) This section applies if—

(a) a request is made for a person’s extradition to a category 2 territory and the request contains the statement referred to in subsection (2), or

(b) a provisional warrant for a person’s arrest is sought on behalf of a category 2 territory and the information laid before the justice contains the statement referred to in subsection (2).

(2) The statement is one that the person—

(a) 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 request by a court in another territory (the convicting territory), and

(b) 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.

(3) If the category 2 territory is either the imprisoning territory or the convicting territory—

(a) section 70(3) has effect as if the reference to the statement referred to in subsection (4) of that section were a reference to the statement referred to in subsection (2) of this section;

(b) section 73(1) has effect as if the reference to a person within subsection (2) of that section were a reference to the person referred to in subsection (1)(b) of this section.

(4) If the category 2 territory is the imprisoning territory—

(a) sections 71(2)(a), 73(3)(a) and 78(4)(b) have effect as if “an extradition offence” read “ an extradition offence in relation to the convicting territory ”;

(b) sections 74(8)(a) and 127(2) have effect as if “the category 2 territory in which he is accused of the commission of an offence or is alleged to have been convicted of an offence” read “ the imprisoning territory ”;

(c) section 74(11)(b) has effect as if “the category 2 territory” read “ the imprisoning territory ”;

(d) section 78(2)(e) has effect as if “the category 2 territory” read “ the convicting territory ”;

(e) section 85(5) has effect as if after “entitled” there were inserted “ in the convicting territory ”;

(f) section 119(4) has effect as if “a category 2 territory” read “ the convicting territory ” and as if “the category 2 territory” in both places read “ the convicting territory ”;

(g) section 138(1) has effect as if “a category 2 territory” read “ the convicting territory ”;

(h) in section 138, subsections (2), (3), (4), (5) and (7) have effect as if “the category 2 territory” read “ the convicting territory ”.

(5) Subsection (1)(b) applies to Scotland with the substitution of “ application by the procurator fiscal sets out the matters referred to in paragraphs (a) and (b) of subsection (2) ” for “information laid by the justice contains the statement referred to in subsection (2)”.

(6) Subsection (1)(b) applies to Northern Ireland with the substitution of “ the complaint made to ” for “the information laid before”.

Commencement Information

I81 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Interpretation U.K.

Commencement Information

I82 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

137 Extradition offences: person not sentenced for offence U.K.

(1) This section applies in relation to conduct of a person if—

(a) he is accused in a category 2 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 2 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 2 territory if these conditions are satisfied—

(a) the conduct occurs in the category 2 territory;

(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 2 territory (however it is described in that law).

(3) The conduct also constitutes an extradition offence in relation to the category 2 territory if these conditions are satisfied—

(a) the conduct occurs outside the category 2 territory;

(b) the conduct is punishable under the law of the category 2 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.

(4) The conduct also constitutes an extradition offence in relation to the category 2 territory if these conditions are satisfied—

(a) the conduct occurs outside the category 2 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 2 territory (however it is described in that law).

(5) The conduct also constitutes an extradition offence in relation to the category 2 territory if these conditions are satisfied—

(a) the conduct occurs outside the category 2 territory and no part of it occurs in the United Kingdom;

(b) the conduct is punishable under the law of the category 2 territory with imprisonment for a term of 12 months or another form of detention 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 (6).

(6) 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).

(7) If the conduct constitutes an offence under the military law of the category 2 territory but does not constitute an offence under the general criminal law of the relevant part of the United Kingdom it does not constitute an extradition offence; and subsections (1) to (6) have effect subject to this.

(8) The relevant part of the United Kingdom is the part of the United Kingdom in which—

(a) the extradition hearing took place, if the question of whether conduct constitutes an extradition offence is to be decided by the Secretary of State;

(b) proceedings in which it is necessary to decide that question are taking place, in any other case.

(9) Subsections (1) to (7) apply for the purposes of this Part.

Commencement Information

I83 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

138 Extradition offences: person sentenced for offence U.K.

(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 2 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 2 territory if these conditions are satisfied—

(a) the conduct occurs in the category 2 territory;

(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 2 territory in respect of the conduct.

(3) The conduct also constitutes an extradition offence in relation to the category 2 territory if these conditions are satisfied—

(a) the conduct occurs outside the category 2 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 2 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.

(4) The conduct also constitutes an extradition offence in relation to the category 2 territory if these conditions are satisfied—

(a) the conduct occurs outside the category 2 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 2 territory in respect of the conduct.

(5) The conduct also constitutes an extradition offence in relation to the category 2 territory if these conditions are satisfied—

(a) the conduct occurs outside the category 2 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 2 territory in respect of the conduct;

(c) the conduct constitutes or if committed in the United Kingdom would constitute an offence mentioned in subsection (6).

(6) 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).

(7) If the conduct constitutes an offence under the military law of the category 2 territory but does not constitute an offence under the general criminal law of the relevant part of the United Kingdom it does not constitute an extradition offence; and subsections (1) to (6) have effect subject to this.

(8) The relevant part of the United Kingdom is the part of the United Kingdom in which—

(a) the extradition hearing took place, if the question of whether conduct constitutes an extradition offence is to be decided by the Secretary of State;

(b) proceedings in which it is necessary to decide that question are taking place, in any other case.

(9) Subsections (1) to (7) apply for the purposes of this Part.

Commencement Information

I84 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

139 The appropriate judge U.K.

(1) The appropriate judge is—

(a) in England and Wales, a District Judge (Magistrates' Courts) designated for the purposes of this Part [F89 by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor]F89 ;

(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 [F90 Lord Chief Justice of Northern Ireland after consulting the [F91 Department of Justice in Northern IrelandF91 ]]F90 .

(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).

[F92 (3A) The use of the expression “the judge” in a section containing a previous reference to “the appropriate judge” or “the judge” does not in itself require both references to be read as referring to the same individual.]

F92 (4) This section applies for the purposes of this Part.

[F93 (5) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1)(a).

(6) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (1)(c)—

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b) a Lord Justice of Appeal (as defined in section 88 of that Act).F93 ]

Textual Amendments

F89 Words in s. 139(1)(a) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 354(2); S.I. 2006/1014, art. 2(a) Sch. 1 paras. 10, 11(cc)

F90 Words in s. 139(1)(c) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 354(3); S.I. 2006/1014, art. 2(a) Sch. 1 paras. 10, 11(cc)

F91 Words in s. 139(1)(c) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(5), Sch. 18 para. 70(3) (with arts. 28-31); S.I. 2010/977, art. 1(2)

F92 S. 139(3A) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 15(1); S.I. 2006/3364, art. 2(d)(e)

F93 S. 139(5)(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 354(4); S.I. 2006/1014, art. 2(a) Sch. 1 paras. 10, 11(cc)

Commencement Information

I85 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

140 The extradition hearing U.K.

(1) The extradition hearing is the hearing at which the appropriate judge is to deal with a request for extradition to a category 2 territory.

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

Commencement Information

I86 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[F94 140A Unlawfully at large U.K.

(1) A person is alleged to be unlawfully at large after conviction of an offence if—

(a) he is alleged to have been convicted of it, and

(b) his extradition is sought for the purpose of his being sentenced for the offence or of his serving a sentence of imprisonment or another form of detention imposed in respect of the offence.

(2) This section applies for the purposes of this Part, other than sections 82 and 136.]

Textual Amendments

F94 S. 140A inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 2(4); S.I. 2006/3364, art. 2(d)(e)

141 Scotland: references to Secretary of State U.K.

(1) This Part applies in relation to any function which falls under this Part to be exercised in relation to Scotland only as if references in this Part to the Secretary of State were to the Scottish Ministers.

(2) Subsection (1) does not apply to the references to the Secretary of State [F95 in paragraph (b) of section 70(2), in paragraph (c) of section 93(4) and]F95 in sections 83(3), 101(5) and 121.

Textual Amendments

F95 Words in s. 141(2) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 20; S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I87 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))