Part 1

Extradition to category 1 territories

The extradition hearing

Person unlawfully at large: human rights
21
1
If the judge is required to proceed under this section (by virtue of section ... 20) he must decide whether the person’s extradition would be compatible with the Convention rights within the meaning of the Human Rights Act 1998 (c. 42).
2
If the judge decides the question in subsection (1) in the negative he must order the person’s discharge.
3
If the judge decides that question in the affirmative he must order the person to be extradited to the category 1 territory in which the warrant was issued.
4
If the judge makes an order under subsection (3) he must remand the person in custody or on bail to wait for his extradition to the category 1 territory.
5
If the person is remanded in custody, the appropriate judge may later grant bail.
Words in s. 21(5) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 16; S.I. 2006/3364, art. 2(d)(e)
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))
S. 21 heading substituted (21.7.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 105(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/1916, art. 2(t)
Words in s. 21(1) omitted (21.7.2014) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 105(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/1916, art. 2(t)