Part 1Extradition to category 1 territories

The extradition hearing

F119FInterpretation of sections 19B to 19E

(1)

This section applies for the purposes of sections 19B to 19E (and this section).

(2)

These expressions have the meanings given—

“ D ” has the meaning given in section 19B(1);

“ designated prosecutor ” means—

(a)

a member of the Crown Prosecution Service, or

(b)

any other person who—

  1. (i)

    is a prosecutor designated for the purposes of this section by order made by the Secretary of State, or

  2. (ii)

    is within a description of prosecutors so designated;

“ extradition offence ” means the offence specified in the Part 1 warrant (including the conduct that constitutes the extradition offence);

“ forum proceedings ” has the meaning given in section 19C(1);

“ part of the United Kingdom ” means—

(a)

England and Wales;

(b)

Scotland;

(c)

Northern Ireland;

“ prosecutor ” means a person who has responsibility for prosecuting offences in any part of the United Kingdom (whether or not the person also has other responsibilities);

“ prosecutor's certificate ” has the meaning given in section 19D(1);

“ responsible prosecutor ”, in relation to a prosecutor's certificate, means—

(a)

the designated prosecutor giving the certificate, or

(b)

another designated prosecutor.

(3)

In determining for any purpose whether an offence corresponds to the extradition offence, regard must be had, in particular, to the nature and seriousness of the two offences.

(4)

A reference to a formal decision as to the prosecution of D for an offence is a reference to a decision (made after complying with, in particular, any applicable requirement concerning a code of practice) that D should, or should not, be prosecuted for the offence.