Part 2Extradition to category 2 territories
Secretary of State’s functions
95Speciality
(1)
The Secretary of State must not order a person’s extradition to a category 2 territory if there are no speciality arrangements with the category 2 territory.
(2)
But subsection (1) does not apply if the person consented to his extradition under section 127 before his case was sent to the Secretary of State.
(3)
There are speciality arrangements with a category 2 territory if (and only if) under the law of that territory or arrangements made between it and the United Kingdom a person who is extradited to the territory from the United Kingdom may be dealt with in the territory for an offence committed before his extradition only if—
(a)
the offence is one falling within subsection (4), or
(b)
he is first given an opportunity to leave the territory.
(4)
The offences are—
(a)
the offence in respect of which the person is extradited;
(b)
an extradition offence disclosed by the same facts as that offence, other than one in respect of which a sentence of death could be imposed;
(c)
an extradition offence in respect of which the Secretary of State consents to the person being dealt with;
(d)
an offence in respect of which the person waives the right that he would have (but for this paragraph) not to be dealt with for the offence.
(5)
Arrangements made with a category 2 territory which is a Commonwealth country or a British overseas territory may be made for a particular case or more generally.
(6)
A certificate issued by or under the authority of the Secretary of State confirming the existence of arrangements with a category 2 territory which is a Commonwealth country or a British overseas territory and stating the terms of the arrangements is conclusive evidence of those matters.