Part 2

Extradition to category 2 territories

The extradition hearing

Prosecutor's certificates
83C
1
A “prosecutor's certificate” is a certificate given by a designated prosecutor which—
a
certifies both matter A and matter B, and
b
certifies either matter C or matter D.
2
Matter A is that a responsible prosecutor has considered the offences for which D could be prosecuted in the United Kingdom, or a part of the United Kingdom, in respect of the conduct constituting the extradition offence.
3
Matter B is that the responsible prosecutor has decided that there are one or more such offences that correspond to the extradition offence (the “corresponding offences”).
4
Matter C is that—
a
the responsible prosecutor has made a formal decision as to the prosecution of D for the corresponding offences,
b
that decision is that D should not be prosecuted for the corresponding offences, and
c
the reason for that decision is a belief that—
i
there would be insufficient admissible evidence for the prosecution; or
ii
the prosecution would not be in the public interest.
5
Matter D is that the responsible prosecutor believes that D should not be prosecuted for the corresponding offences because there are concerns about the disclosure of sensitive material in—
a
the prosecution of D for the corresponding offences, or
b
any other proceedings.
6
In relation to the extradition of any person to a category 2 territory, neither this section nor any other rule of law (whether or not contained in an enactment) may require a designated prosecutor—
a
to consider any matter relevant to giving a prosecutor's certificate; or
b
to consider whether to give a prosecutor's certificate.
7
In this section “
sensitive material
” means material which appears to the responsible prosecutor to be sensitive, including material appearing to be sensitive on grounds relating to—
a
national security,
b
international relations, or
c
the prevention or detection of crime (including grounds relating to the identification or activities of witnesses, informants or any other persons supplying information to the police or any other law enforcement agency who may be in danger if their identities are revealed).
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)