Part 1Extradition to category 1 territories

The extradition hearing

11Bars to extradition

(1)

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

(a)

the rule against double jeopardy;

F1(aa)

absence of prosecution decision;

(b)

extraneous considerations;

(c)

the passage of time;

(d)

the person’s age;

F2(e)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)

speciality;

(g)

the person’s earlier extradition to the United Kingdom from another category 1 territory;

(h)

the person’s earlier extradition to the United Kingdom from a non-category 1 territory.

F3(i)

the person's earlier transfer to the United Kingdom by the International Criminal Court.

F4(j)

forum.

F5(1A)

But the judge is to decide whether the person's extradition is barredF6by reason of —

(a)

absence of prosecution decision, or

(b)

forum,

only

in a case where the Part 1 warrant contains the statement referred to in section 2(3) (warrant issued for purposes of prosecution for offence in category 1 territory).

(2)

Sections F712 to 19F 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 alleged to be unlawfully at large after conviction of the extradition offence, the judge must proceed under section 20.

(5)

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 F821A.