Part 2

Extradition to category 2 territories

Secretary of State’s functions

Speciality
95
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.