79Bars to extraditionU.K.
(1)If the judge is required to proceed under this section he must decide whether the person’s extradition to the category 2 territory is barred by reason of—
(a)the rule against double jeopardy;
(b)extraneous considerations;
(c)the passage of time;
(d)hostage-taking considerations.
[F1(e)forum.]
[F2(1A)But the judge is to decide whether the person's extradition is barred by reason of forum only in a case where the request for extradition contains the statement referred to in section 70(4) (warrant issued for purposes of prosecution for offence in category 2 territory).]
(2)[F3Sections 80 to 83E] apply for the interpretation of subsection (1).
(3)If the judge decides any of the questions in subsection (1) in the affirmative he must order the person’s discharge.
(4)If the judge decides those questions in the negative and the person is accused of the commission of the extradition offence but is not alleged to be unlawfully at large after conviction of it, the judge must proceed under section 84.
(5)If the judge decides those questions in the negative and the person is alleged to be unlawfully at large after conviction of the extradition offence, the judge must proceed under section 85.
Textual Amendments
F1S. 79(1)(e) inserted (14.10.2013 for E.W.N.I.) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 20 para. 5(a) (with Sch. 20 para. 78); S.I. 2013/2349, art. 2(3)
F2S. 79(1A) inserted (14.10.2013 for E.W.N.I.) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 20 para. 5(b) (with Sch. 20 para. 78); S.I. 2013/2349, art. 2(3)
F3Words in s. 79(2) substituted (14.10.2013 for E.W.N.I.) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 20 para. 5(c) (with Sch. 20 para. 78); S.I. 2013/2349, art. 2(3)
Commencement Information
I1Act 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))