I3Part 2Extradition to category 2 territories
I2The extradition hearing
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))
78I1Initial stages of extradition hearing
1
This section applies if a person alleged to be the person whose extradition is requested appears or is brought before the appropriate judge for the extradition hearing.
2
The judge must decide whether the documents sent to him by the Secretary of State consist of (or include)—
a
the documents referred to in section 70(9);
b
particulars of the person whose extradition is requested;
c
particulars of the offence specified in the request;
d
in the case of a person accused of an offence, a warrant for his arrest issued in the category 2 territory;
e
in the case of a person alleged to be unlawfully at large after conviction of an offence, a certificate issued in the category 2 territory of the conviction and (if he has been sentenced) of the sentence.
3
If the judge decides the question in subsection (2) in the negative he must order the person’s discharge.
4
If the judge decides that question in the affirmative he must decide whether—
a
the person appearing or brought before him is the person whose extradition is requested;
b
the offence specified in the request is an extradition offence;
c
copies of the documents sent to the judge by the Secretary of State have been served on the person.
5
The judge must decide the question in subsection (4)(a) on a balance of probabilities.
6
If the judge decides any of the questions in subsection (4) in the negative he must order the person’s discharge.
7
If the judge decides those questions in the affirmative he must proceed under section 79.
8
The reference in subsection (2)(d) to a warrant for a person’s arrest includes a reference to a judicial document authorising his arrest.
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))