Part 2Extradition to category 2 territories
Secretary of State’s functions
93Secretary of State’s consideration of case
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).
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he is informed that the request has been withdrawn,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 6 weeks starting with the appropriate day.