Part 2

Extradition to category 2 territories

Competing extradition requests

Competing extradition requests
126
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.
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))
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))
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))