Part 2

Extradition to category 2 territories

Secretary of State’s functions

Secretary of State’s consideration of case
93
1
This section applies if the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited.
2
The Secretary of State must decide whether he is prohibited from ordering the person’s extradition under any of these sections—
a
section 94 (death penalty);
b
section 95 (speciality);
c
section 96 (earlier extradition to United Kingdom from other territory).
d
section 96A (earlier transfer to United Kingdom by International Criminal Court).
3
If the Secretary of State decides any of the questions in subsection (2) in the affirmative he must order the person’s discharge.
4
If the Secretary of State decides those questions in the negative he must order the person to be extradited to the territory to which his extradition is requested unless—
a
he is informed that the request has been withdrawn,
b
he makes an order under section 126(2) or 179(2) for further proceedings on the request to be deferred and the person is discharged under section 180, or
c
he orders the person’s discharge under section 208.
5
In deciding the questions in subsection (2), the Secretary of State is not required to consider any representations received by him after the end of the permitted period.
6
The permitted period is the period of 4 weeks starting with the appropriate day.
7
In the case of a person who has consented under section 127 to his extradition, the Secretary of State is not required—
a
to wait until the end of the permitted period before ordering the person's extradition, or
b
to consider any representations received after the order is made.
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))
S. 93(2)(d) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 3(3); S.I. 2006/3364, art. 2(d)(e)
Words in s. 93(6) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 18(2); S.I. 2006/3364, art. 2(d)(e)
S. 93(7) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 18(3); S.I. 2006/3364, art. 2(d)(e)
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))