Part 2

Extradition to category 2 territories

The extradition hearing

Questioning of prosecutor's certificate
83D
1
No decision of a designated prosecutor relating to a prosecutor's certificate in respect of D's extradition (a “relevant certification decision”) may be questioned except on an appeal under section 103 or 108 against an order for that extradition.
2
In England and Wales, and Northern Ireland, for the purpose of—
a
determining whether to give permission for a relevant certification decision to be questioned, and
b
determining any such question (if that permission is given),
the High Court must apply the procedures and principles which would be applied by it on an application for judicial review.
3
In Scotland, for the purpose of determining any questioning of a relevant certification decision, the High Court must apply the procedures and principles that would be applied by it on an application for judicial review.
4
In a case where the High Court quashes a prosecutor's certificate, the High Court is to decide the question of whether or not the extradition is barred by reason of forum.
5
Where the High Court is required to decide that question by virtue of subsection (4)—
a
sections 83A to 83C and this section apply in relation to that decision (with the appropriate modifications) as they apply to a decision by a judge; and
b
in particular—
i
a reference in this section to an appeal under section 103 or 108 has effect as a reference to an appeal under section 114 to the Supreme Court;
ii
a reference in this section to the High Court has effect as a reference to the Supreme Court.
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)