Part 5

Miscellaneous and general

Conduct of extradition proceedings

Crown Prosecution Service: role in extradition proceedings
190
1
The Prosecution of Offences Act 1985 (c. 23) is amended as follows.
2
In section 3 (functions of the Director) in subsection (2) after paragraph (e) insert—
ea
to have the conduct of any extradition proceedings;
eb
to give, to such extent as he considers appropriate, and to such persons as he considers appropriate, advice on any matters relating to extradition proceedings or proposed extradition proceedings;
.
3
In section 3 after subsection (2) insert—
2A
Subsection (2)(ea) above does not require the Director to have the conduct of any extradition proceedings in respect of a person if he has received a request not to do so and—
a
in a case where the proceedings are under Part 1 of the Extradition Act 2003, the request is made by the authority which issued the Part 1 warrant in respect of the person;
b
in a case where the proceedings are under Part 2 of that Act, the request is made on behalf of the territory to which the person’s extradition has been requested.
4
In section 5(1) (conduct of prosecutions on behalf of Crown Prosecution Service) after “criminal proceedings” insert “or extradition proceedings”.
5
In section 14 (control of fees and expenses etc paid by the Service) in subsection (1)(a) after “criminal proceedings” insert “or extradition proceedings”.
6
In section 15(1) (interpretation of Part 1) in the appropriate place insert—
“extradition proceedings” means proceedings under the Extradition Act 2003;
.