PART 1 continued
(1) On an appeal under section 26 the High Court may—
(a) allow the appeal;
(b) dismiss the appeal.
(2) The court may allow the appeal only if the conditions in subsection (3) or the conditions in subsection (4) are satisfied.
(3) The conditions are that—
(a) the appropriate judge ought to have decided a question before him at the extradition hearing differently;
(b) if he had decided the question in the way he ought to have done, he would have been required to order the person’s discharge.
(4) The conditions are that—
(a) an issue is raised that was not raised at the extradition hearing or evidence is available that was not available at the extradition hearing;
(b) the issue or evidence would have resulted in the appropriate judge deciding a question before him at the extradition hearing differently;
(c) if he had decided the question in that way, he would have been required to order the person’s discharge.
(5) If the court allows the appeal it must—
(a) order the person’s discharge;
(b) quash the order for his extradition.
(1) If the judge orders a person’s discharge at the extradition hearing the authority which issued the Part 1 warrant may appeal to the High Court against the relevant decision.
(2) But subsection (1) does not apply if the order for the person’s discharge was under section 41.
(3) The relevant decision is the decision which resulted in the order for the person’s discharge.
(4) An appeal under this section may be brought on a question of law or fact.
(5) Notice of an appeal under this section must be given in accordance with rules of court before the end of the permitted period, which is 7 days starting with the day on which the order for the person’s discharge is made.
(1) On an appeal under section 28 the High Court may—
(a) allow the appeal;
(b) dismiss the appeal.
(2) The court may allow the appeal only if the conditions in subsection (3) or the conditions in subsection (4) are satisfied.
(3) The conditions are that—
(a) the judge ought to have decided the relevant question differently;
(b) if he had decided the question in the way he ought to have done, he would not have been required to order the person’s discharge.
(4) The conditions are that—
(a) an issue is raised that was not raised at the extradition hearing or evidence is available that was not available at the extradition hearing;
(b) the issue or evidence would have resulted in the judge deciding the relevant question differently;
(c) if he had decided the question in that way, he would not have been required to order the person’s discharge.
(5) If the court allows the appeal it must—
(a) quash the order discharging the person;
(b) remit the case to the judge;
(c) direct him to proceed as he would have been required to do if he had decided the relevant question differently at the extradition hearing.
(6) A question is the relevant question if the judge’s decision on it resulted in the order for the person’s discharge.
(1) This section applies if immediately after the judge orders the person’s discharge the judge is informed by the authority which issued the Part 1 warrant that it intends to appeal under section 28.
(2) The judge must remand the person in custody or on bail while the appeal is pending.
(3) If the judge remands the person in custody he may later grant bail.
(4) An appeal under section 28 ceases to be pending at the earliest of these times—
(a) when the proceedings on the appeal are discontinued;
(b) when the High Court dismisses the appeal, if the authority does not immediately inform the court that it intends to apply for leave to appeal to the House of Lords;
(c) at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the House of Lords against the decision of the High Court on the appeal is granted;
(d) when there is no further step that can be taken by the authority which issued the Part 1 warrant in relation to the appeal (ignoring any power of a court to grant leave to take a step out of time).
(5) The preceding provisions of this section apply to Scotland with these modifications—
(a) in subsection (4)(b) omit the words from “if” to the end;
(b) omit subsection (4)(c).
(1) Rules of court must prescribe the period (the relevant period) within which the High Court must begin to hear an appeal under section 26 or 28.
(2) Rules of court must provide for the relevant period to start with the date on which the person in respect of whom a Part 1 warrant is issued—
(a) was arrested under section 5, if he was arrested under that section;
(b) was arrested under the Part 1 warrant, if he was not arrested under section 5.
(3) The High Court must begin to hear the appeal before the end of the relevant period.
(4) The High Court may extend the relevant period if it believes it to be in the interests of justice to do so; and this subsection may apply more than once.
(5) The power in subsection (4) may be exercised even after the end of the relevant period.
(6) If subsection (3) is not complied with and the appeal is under section 26—
(a) the appeal must be taken to have been allowed by a decision of the High Court;
(b) the person whose extradition has been ordered must be taken to have been discharged by the High Court;
(c) the order for the person’s extradition must be taken to have been quashed by the High Court.
(7) If subsection (3) is not complied with and the appeal is under section 28 the appeal must be taken to have been dismissed by a decision of the High Court.
(1) An appeal lies to the House of Lords from a decision of the High Court on an appeal under section 26 or 28.
(2) An appeal under this section lies at the instance of—
(a) the person in respect of whom the Part 1 warrant was issued;
(b) the authority which issued the Part 1 warrant.
(3) An appeal under this section lies only with the leave of the High Court or the House of Lords.
(4) Leave to appeal under this section must not be granted unless—
(a) the High Court has certified that there is a point of law of general public importance involved in the decision, and
(b) it appears to the court granting leave that the point is one which ought to be considered by the House of Lords.
(5) An application to the High Court for leave to appeal under this section must be made before the end of the permitted period, which is 14 days starting with the day on which the court makes its decision on the appeal to it.
(6) An application to the House of Lords for leave to appeal under this section must be made before the end of the permitted period, which is 14 days starting with the day on which the High Court refuses leave to appeal.
(7) If leave to appeal under this section is granted, the appeal must be brought before the end of the permitted period, which is 28 days starting with the day on which leave is granted.
(8) If subsection (7) is not complied with—
(a) the appeal must be taken to have been brought;
(b) the appeal must be taken to have been dismissed by the House of Lords immediately after the end of the period permitted under that subsection.
(9) These must be ignored for the purposes of subsection (8)(b)—
(a) any power of a court to extend the period permitted for bringing the appeal;
(b) any power of a court to grant leave to take a step out of time.
(10) The High Court may grant bail to a person appealing under this section or applying for leave to appeal under this section.
(11) Section 5 of the Appellate Jurisdiction Act 1876 (c. 59) (composition of House of Lords for hearing and determination of appeals) applies in relation to an appeal under this section or an application for leave to appeal under this section as it applies in relation to an appeal under that Act.
(12) An order of the House of Lords which provides for an application for leave to appeal under this section to be determined by a committee constituted in accordance with section 5 of the Appellate Jurisdiction Act 1876 may direct that the decision of the committee is taken on behalf of the House.
(13) The preceding provisions of this section do not apply to Scotland.
(1) On an appeal under section 32 the House of Lords may—
(a) allow the appeal;
(b) dismiss the appeal.
(2) Subsection (3) applies if—
(a) the person in respect of whom the Part 1 warrant was issued brings an appeal under section 32, and
(b) the House of Lords allows the appeal.
(3) The House of Lords must—
(a) order the person’s discharge;
(b) quash the order for his extradition, if the appeal was against a decision of the High Court to dismiss an appeal under section 26.
(4) Subsection (5) applies if—
(a) the High Court allows an appeal under section 26 by the person in respect of whom the Part 1 warrant was issued,
(b) the authority which issued the warrant brings an appeal under section 32 against the decision of the High Court, and
(c) the House of Lords allows the appeal.
(5) The House of Lords must—
(a) quash the order of the High Court under section 27(5) discharging the person;
(b) order the person to be extradited to the category 1 territory in which the warrant was issued.
(6) Subsections (7) and (8) apply if—
(a) the High Court dismisses an appeal under section 28 against a decision made by the judge at the extradition hearing,
(b) the authority which issued the Part 1 warrant brings an appeal under section 32 against the decision of the High Court, and
(c) the House of Lords allows the appeal.
(7) If the judge would have been required to order the person in respect of whom the warrant was issued to be extradited had he decided the relevant question differently, the House of Lords must—
(a) quash the order of the judge discharging the person;
(b) order the person to be extradited to the category 1 territory in which the warrant was issued.
(8) In any other case, the House of Lords must—
(a) quash the order of the judge discharging the person in respect of whom the warrant was issued;
(b) remit the case to the judge;
(c) direct him to proceed as he would have been required to do if he had decided the relevant question differently at the extradition hearing.
(9) A question is the relevant question if the judge’s decision on it resulted in the order for the person’s discharge.
A decision of the judge under this Part may be questioned in legal proceedings only by means of an appeal under this Part.
(1) This section applies if—
(a) the appropriate judge orders a person’s extradition to a category 1 territory under this Part, and
(b) no notice of an appeal under section 26 is given before the end of the period permitted under that section.
(2) But this section does not apply if the order is made under section 46 or 48.
(3) The person must be extradited to the category 1 territory before the end of the required period.
(4) The required period is—
(a) 10 days starting with the day on which the judge makes the order, or
(b) if the judge and the authority which issued the Part 1 warrant agree a later date, 10 days starting with the later date.
(5) If subsection (3) is not complied with and the person applies to the appropriate judge to be discharged the judge must order his discharge, unless reasonable cause is shown for the delay.
(6) These must be ignored for the purposes of subsection (1)(b)—
(a) any power of a court to extend the period permitted for giving notice of appeal;
(b) any power of a court to grant leave to take a step out of time.
(1) This section applies if—
(a) there is an appeal to the High Court under section 26 against an order for a person’s extradition to a category 1 territory, and
(b) the effect of the decision of the relevant court on the appeal is that the person is to be extradited there.
(2) The person must be extradited to the category 1 territory before the end of the required period.
(3) The required period is—
(a) 10 days starting with the day on which the decision of the relevant court on the appeal becomes final or proceedings on the appeal are discontinued, or
(b) if the relevant court and the authority which issued the Part 1 warrant agree a later date, 10 days starting with the later date.
(4) The relevant court is—
(a) the High Court, if there is no appeal to the House of Lords against the decision of the High Court on the appeal;
(b) the House of Lords, if there is such an appeal.
(5) The decision of the High Court on the appeal becomes final—
(a) when the period permitted for applying to the High Court for leave to appeal to the House of Lords ends, if there is no such application;
(b) when the period permitted for applying to the House of Lords for leave to appeal to it ends, if the High Court refuses leave to appeal and there is no application to the House of Lords for leave to appeal;
(c) when the House of Lords refuses leave to appeal to it;
(d) at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the House of Lords is granted, if no such appeal is brought before the end of that period.
(6) These must be ignored for the purposes of subsection (5)—
(a) any power of a court to extend the period permitted for applying for leave to appeal;
(b) any power of a court to grant leave to take a step out of time.
(7) The decision of the House of Lords on the appeal becomes final when it is made.
(8) If subsection (2) is not complied with and the person applies to the appropriate judge to be discharged the judge must order his discharge, unless reasonable cause is shown for the delay.
(9) The preceding provisions of this section apply to Scotland with these modifications—
(a) in subsections (1) and (3) for “relevant court” substitute “High Court”;
(b) omit subsections (4) to (7).
(1) This section applies if—
(a) the appropriate judge orders a person’s extradition to a category 1 territory under this Part;
(b) the person is serving a sentence of imprisonment or another form of detention in the United Kingdom.
(2) But this section does not apply if the order is made under section 46 or 48.
(3) The judge may make the order for extradition subject to the condition that extradition is not to take place before he receives an undertaking given on behalf of the category 1 territory in terms specified by him.
(4) The terms which may be specified by the judge in relation to a person accused in a category 1 territory of the commission of an offence include terms—
(a) that the person be kept in custody until the conclusion of the proceedings against him for the offence and any other offence in respect of which he is permitted to be dealt with in the category 1 territory;
(b) that the person be returned to the United Kingdom to serve the remainder of his sentence on the conclusion of those proceedings.
(5) The terms which may be specified by the judge in relation to a person alleged to be unlawfully at large after conviction of an offence by a court in a category 1 territory include terms that the person be returned to the United Kingdom to serve the remainder of his sentence after serving any sentence imposed on him in the category 1 territory for—
(a) the offence, and
(b) any other offence in respect of which he is permitted to be dealt with in the category 1 territory.
(6) Subsections (7) and (8) apply if the judge makes an order for extradition subject to a condition under subsection (3).
(7) If the judge does not receive the undertaking before the end of the period of 21 days starting with the day on which he makes the order and the person applies to the appropriate judge to be discharged, the judge must order his discharge.
(8) If the judge receives the undertaking before the end of that period—
(a) in a case where section 35 applies, the required period for the purposes of section 35(3) is 10 days starting with the day on which the judge receives the undertaking;
(b) in a case where section 36 applies, the required period for the purposes of section 36(2) is 10 days starting with the day on which the decision of the relevant court on the appeal becomes final (within the meaning of that section) or (if later) the day on which the judge receives the undertaking.
(1) This section applies if—
(a) an order is made under this Part for a person to be extradited to a category 1 territory in pursuance of a Part 1 warrant;
(b) before the person is extradited to the territory an order is made under section 44(4)(b) or 179(2)(b) for the person’s extradition in pursuance of the warrant to be deferred;
(c) the appropriate judge makes an order under section 181(2) for the person’s extradition in pursuance of the warrant to cease to be deferred.
(2) But this section does not apply if the order for the person’s extradition is made under section 46 or 48.
(3) In a case where section 35 applies, the required period for the purposes of section 35(3) is 10 days starting with the day on which the order under section 181(2) is made.
(4) In a case where section 36 applies, the required period for the purposes of section 36(2) is 10 days starting with the day on which the decision of the relevant court on the appeal becomes final (within the meaning of that section) or (if later) the day on which the order under section 181(2) is made.
(1) This section applies if—
(a) a person in respect of whom a Part 1 warrant is issued makes an asylum claim at any time in the relevant period;
(b) an order is made under this Part for the person to be extradited in pursuance of the warrant.
(2) The relevant period is the period—
(a) starting when a certificate is issued under section 2 in respect of the warrant;
(b) ending when the person is extradited in pursuance of the warrant.
(3) The person must not be extradited in pursuance of the warrant before the asylum claim is finally determined; and sections 35, 36, 47 and 49 have effect subject to this.
(4) Subsection (3) is subject to section 40.
(5) If the Secretary of State allows the asylum claim, the claim is finally determined when he makes his decision on the claim.
(6) If the Secretary of State rejects the asylum claim, the claim is finally determined—
(a) when the Secretary of State makes his decision on the claim, if there is no right to appeal against the Secretary of State’s decision on the claim;
(b) when the period permitted for appealing against the Secretary of State’s decision on the claim ends, if there is such a right but there is no such appeal;
(c) when the appeal against that decision is finally determined or is withdrawn or abandoned, if there is such an appeal.
(7) An appeal against the Secretary of State’s decision on an asylum claim is not finally determined for the purposes of subsection (6) at any time when a further appeal or an application for leave to bring a further appeal—
(a) has been instituted and has not been finally determined or withdrawn or abandoned, or
(b) may be brought.
(8) The remittal of an appeal is not a final determination for the purposes of subsection (7).
(9) The possibility of an appeal out of time with leave must be ignored for the purposes of subsections (6) and (7).
(1) Section 39(3) does not apply in relation to a person if the Secretary of State has certified that the conditions in subsection (2) or the conditions in subsection (3) are satisfied in relation to him.
(2) The conditions are that—
(a) the category 1 territory to which the person’s extradition has been ordered has accepted that, under standing arrangements, it is the responsible State in relation to the person’s asylum claim;
(b) in the opinion of the Secretary of State, the person is not a national or citizen of the territory.
(3) The conditions are that, in the opinion of the Secretary of State—
(a) the person is not a national or citizen of the category 1 territory to which his extradition has been ordered;
(b) the person’s life and liberty would not be threatened in that territory by reason of his race, religion, nationality, political opinion or membership of a particular social group;
(c) the government of the territory would not send the person to another country otherwise than in accordance with the Refugee Convention.
(4) In this section—
“the Refugee Convention” has the meaning given by section 167(1) of the Immigration and Asylum Act 1999 (c. 33);
“standing arrangements” means arrangements in force between the United Kingdom and the category 1 territory for determining which State is responsible for considering applications for asylum.
(1) This section applies if at any time in the relevant period the appropriate judge is informed by the designated authority that a Part 1 warrant issued in respect of a person has been withdrawn.
(2) The relevant period is the period—
(a) starting when the person is first brought before the appropriate judge following his arrest under this Part;
(b) ending when the person is extradited in pursuance of the warrant or discharged.
(3) The judge must order the person’s discharge.
(4) If the person is not before the judge at the time the judge orders his discharge, the judge must inform him of the order as soon as practicable.
(1) This section applies if at any time in the relevant period the High Court is informed by the designated authority that a Part 1 warrant issued in respect of a person has been withdrawn.
(2) The relevant period is the period—
(a) starting when notice of an appeal to the court is given by the person or the authority which issued the warrant;
(b) ending when proceedings on the appeal are discontinued or the court makes its decision on the appeal.
(3) The court must—
(a) if the appeal is under section 26, order the person’s discharge and quash the order for his extradition;
(b) if the appeal is under section 28, dismiss the appeal.
(4) If the person is not before the court at the time the court orders his discharge, the court must inform him of the order as soon as practicable.
(1) This section applies if at any time in the relevant period the House of Lords is informed by the designated authority that a Part 1 warrant issued in respect of a person has been withdrawn.
(2) The relevant period is the period—
(a) starting when leave to appeal to the House of Lords is granted to the person or the authority which issued the warrant;
(b) ending when proceedings on the appeal are discontinued or the House of Lords makes its decision on the appeal.
(3) If the appeal is brought by the person in respect of whom the warrant was issued the House of Lords must—
(a) order the person’s discharge;
(b) quash the order for his extradition, in a case where the appeal was against a decision of the High Court to dismiss an appeal under section 26.
(4) If the appeal is brought by the authority which issued the warrant the House of Lords must dismiss the appeal.
(5) If the person is not before the House of Lords at the time it orders his discharge, the House of Lords must inform him of the order as soon as practicable.
(1) This section applies if at any time in the relevant period the conditions in subsection (3) are satisfied in relation to a person in respect of whom a Part 1 warrant has been issued.
(2) The relevant period is the period—
(a) starting when the person is first brought before the appropriate judge following his arrest under this Part;
(b) ending when the person is extradited in pursuance of the warrant or discharged.
(3) The conditions are that—
(a) the judge is informed that another Part 1 warrant has been issued in respect of the person;
(b) the other warrant falls to be dealt with by the judge or by a judge who is the appropriate judge in another part of the United Kingdom;
(c) the other warrant has not been disposed of.
(4) The judge may—
(a) order further proceedings on the warrant under consideration to be deferred until the other warrant has been disposed of, if the warrant under consideration has not been disposed of;
(b) order the person’s extradition in pursuance of the warrant under consideration to be deferred until the other warrant has been disposed of, if an order for his extradition in pursuance of the warrant under consideration has been made.
(5) If the judge makes an order under subsection (4) and the person is not already remanded in custody or on bail, the judge must remand the person in custody or on bail.
(6) If the judge remands the person in custody he may later grant bail.
(7) In applying subsection (4) the judge must take account in particular of these matters—
(a) the relative seriousness of the offences concerned;
(b) the place where each offence was committed (or was alleged to have been committed);
(c) the date on which each warrant was issued;
(d) whether, in the case of each offence, the person is accused of its commission (but not alleged to have been convicted) or is alleged to be unlawfully at large after conviction.