Extradition Act 2003

93 Secretary of State’s consideration of case U.K.

(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).

[F1 (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(a) he is informed that the request has been withdrawn,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 [F2 under subsection (6A) or] 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 [F3 4 weeks] starting with the appropriate day.

[F4 (6A) The Secretary of State may order the person's discharge if the person—

(a) has been recorded by the Secretary of State as a refugee within the meaning of the Refugee Convention, or

(b) has been granted leave to enter or remain in the United Kingdom on the ground that it would be a breach of Article 2 or 3 of the Human Rights Convention to remove the person to the territory to which extradition is requested.]

[F5 (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. ]

Textual Amendments

F1 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)

F2 Words in s. 93(4)(c) inserted (21.7.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 162(3)(a), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/1916, art. 2(h)

F3 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)

F4 S. 93(6A) inserted (21.7.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 162(3)(b), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/1916, art. 2(h)

F5 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)

Modifications etc. (not altering text)

C1 S. 93(6A)(b) modified (10.11.2016) by The Extradition Act 2003 (Overseas Territories) Order 2016 (S.I. 2016/990), arts. 1(1), 6(1), Sch. 3

Commencement Information

I1 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))