Part 2

Extradition to category 2 territories

The extradition hearing

Effect of prosecutor's certificates on forum proceedings
83B
1
The judge hearing proceedings under section 83A (the “forum proceedings”) must decide that the extradition is not barred by reason of forum if (at a time when the judge has not yet decided the proceedings) the judge receives a prosecutor's certificate relating to the extradition.
2
That duty to decide the forum proceedings in that way is subject to the determination of any question relating to the prosecutor's certificate raised in accordance with section 83D.
3
A designated prosecutor may apply for the forum proceedings to be adjourned for the purpose of assisting that or any other designated prosecutor—
a
in considering whether to give a prosecutor's certificate relating to the extradition,
b
in giving such a certificate, or
c
in sending such a certificate to the judge.
4
If such an application is made, the judge must—
a
adjourn the forum proceedings until the application is decided; and
b
continue the adjournment, for such period as appears to the judge to be reasonable, if the application is granted.
5
But the judge must end the adjournment if the application is not granted.
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. 83A-83E 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. 6 (with Sch. 20 para. 78); S.I. 2013/2349, art. 2(2)(3)