Part 1

Extradition to category 1 territories

The extradition hearing

Forum
19B
1
The extradition of a person (“D”) to a category 1 territory is barred by reason of forum if the extradition would not be in the interests of justice.
2
For the purposes of this section, the extradition would not be in the interests of justice if the judge—
a
decides that a substantial measure of D's relevant activity was performed in the United Kingdom; and
b
decides, having regard to the specified matters relating to the interests of justice (and only those matters), that the extradition should not take place.
3
These are the specified matters relating to the interests of justice—
a
the place where most of the loss or harm resulting from the extradition offence occurred or was intended to occur;
b
the interests of any victims of the extradition offence;
c
any belief of a prosecutor that the United Kingdom, or a particular part of the United Kingdom, is not the most appropriate jurisdiction in which to prosecute D in respect of the conduct constituting the extradition offence;
d
were D to be prosecuted in a part of the United Kingdom for an offence that corresponds to the extradition offence, whether evidence necessary to prove the offence is or could be made available in the United Kingdom;
e
any delay that might result from proceeding in one jurisdiction rather than another;
f
the desirability and practicability of all prosecutions relating to the extradition offence taking place in one jurisdiction, having regard (in particular) to—
i
the jurisdictions in which witnesses, co-defendants and other suspects are located, and
ii
the practicability of the evidence of such persons being given in the United Kingdom or in jurisdictions outside the United Kingdom;
g
D's connections with the United Kingdom.
4
In deciding whether the extradition would not be in the interests of justice, the judge must have regard to the desirability of not requiring the disclosure of material which is subject to restrictions on disclosure in the category 1 territory concerned.
5
If, on an application by a prosecutor, it appears to the judge that the prosecutor has considered the offences for which D could be prosecuted in the United Kingdom, or a part of the United Kingdom, in respect of the conduct constituting the extradition offence, the judge must make that prosecutor a party to the proceedings on the question of whether D's extradition is barred by reason of forum.
6
In this section “
D's relevant activity
” means activity which is material to the commission of the extradition offence and which is alleged to have been performed by D.
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))
Ss. 19B-19F inserted (18.9.2013 for specified purposes, 14.10.2013 for E.W.N.I. in so far as not already in force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 20 para. 3 (with Sch. 20 para. 78); S.I. 2013/2349, art. 2(2)(3)