Part 2Extradition to category 2 territories
The extradition hearing
85Case where person has been convicted
(1)
If the judge is required to proceed under this section he must decide whether the person was convicted in his presence.
(2)
If the judge decides the question in subsection (1) in the affirmative he must proceed under section 87.
(3)
If the judge decides that question in the negative he must decide whether the person deliberately absented himself from his trial.
(4)
If the judge decides the question in subsection (3) in the affirmative he must proceed under section 87.
(5)
If the judge decides that question in the negative he must decide whether F1any of the following applies—
(a)
the person would be entitled to a retrial or (on appeal) to a review amounting to a retrial;
(b)
the person would be so entitled unless a court in the territory concerned were to decide that they deliberately absented themselves from their trial;
(c)
the person was entitled as mentioned in paragraph (a) or (b) but expressly waived that entitlement;
(d)
having been informed that they were entitled as mentioned in paragraph (a) or (b), the person failed to exercise that entitlement before the end of the period permitted for exercising it.
(6)
If the judge decides the question in subsection (5) in the affirmative he must proceed under section 86.
(7)
If the judge decides that question in the negative he must order the person’s discharge.
F2(7A)
For the purposes of subsection (1), a person convicted at a trial at which they were legally represented (but not present in person) is to be treated as having been convicted in their presence.
(8)
The judge must not decide the question in subsection (5) in the affirmative unless, in any proceedings that it is alleged would constitute F3(or would have constituted) a retrial or a review amounting to a retrial, the person would have F4(or would have had) these rights—
(a)
the right to defend himself in person or through legal assistance of his own choosing or, if he had not sufficient means to pay for legal assistance, to be given it free when the interests of justice so required;
(b)
the right to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him.