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PART 1 continued
(1) A person arrested under a Part 1 warrant may consent to his extradition to the category 1 territory in which the warrant was issued.
(2) A person arrested under section 5 may consent to his extradition to the category 1 territory referred to in subsection (1) of that section.
(3) If a person consents to his extradition under this section he must be taken to have waived any right he would have (apart from the consent) not to be dealt with in the category 1 territory for an offence committed before his extradition.
(4) Consent under this section—
(a) must be given before the appropriate judge;
(b) must be recorded in writing;
(c) is irrevocable.
(5) A person may not give his consent under this section unless—
(a) he is legally represented before the appropriate judge at the time he gives consent, or
(b) he is a person to whom subsection (6) applies.
(6) This subsection applies to a person if—
(a) he has been informed of his right to apply for legal aid and has had the opportunity to apply for legal aid, but he has refused or failed to apply;
(b) he has applied for legal aid but his application has been refused;
(c) he was granted legal aid but the legal aid was withdrawn.
(7) In subsection (6) “legal aid” means—
(a) in England and Wales, a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service;
(b) in Scotland, such legal aid as is available by virtue of section 183(a) of this Act;
(c) in Northern Ireland, such free legal aid as is available by virtue of sections 184 and 185 of this Act.
(8) For the purposes of subsection (5) a person is to be treated as legally represented before the appropriate judge if (and only if) he has the assistance of counsel or a solicitor to represent him in the proceedings before the appropriate judge.
(1) This section applies if a person consents to his extradition under section 45.
(2) The judge must remand the person in custody or on bail.
(3) If the judge remands the person in custody he may later grant bail.
(4) If the judge has not fixed a date under section 8 on which the extradition hearing is to begin he is not required to do so.
(5) If the extradition hearing has begun the judge is no longer required to proceed or continue proceeding under sections 10 to 25.
(6) The judge must within the period of 10 days starting with the day on which consent is given order the person’s extradition to the category 1 territory.
(7) Subsection (6) has effect subject to sections 48 and 51.
(8) If subsection (6) is not complied with and the person applies to the judge to be discharged the judge must order his discharge.
(1) This section applies if the appropriate judge makes an order under section 46(6) for a person’s extradition to a category 1 territory.
(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 order is made, 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.
(4) If subsection (2) is not complied with and the person applies to the judge to be discharged the judge must order his discharge, unless reasonable cause is shown for the delay.
(5) If before the person is extradited to the category 1 territory the judge is informed by the designated authority that the Part 1 warrant has been withdrawn—
(a) subsection (2) does not apply, and
(b) the judge must order the person’s discharge.
(1) This section applies if—
(a) a person consents under section 45 to his extradition to a category 1 territory, and
(b) the conditions in subsection (2) are satisfied before the judge orders his extradition under section 46(6).
(2) The conditions are that—
(a) the judge is informed that another Part 1 warrant has been issued in respect of the person;
(b) the 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 warrant has not been disposed of.
(3) Section 46(6) does not apply but the judge may—
(a) order the person’s extradition in pursuance of his consent, or
(b) order further proceedings on the warrant under consideration to be deferred until the other warrant has been disposed of.
(4) Subsection (3) is subject to section 51.
(5) In applying subsection (3) 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.
(1) This section applies if the appropriate judge makes an order under section 48(3)(a) for a person’s extradition to a category 1 territory.
(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 order is made, 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.
(4) If subsection (2) is not complied with and the person applies to the judge to be discharged the judge must order his discharge, unless reasonable cause is shown for the delay.
(5) If before the person is extradited to the category 1 territory the judge is informed by the designated authority that the Part 1 warrant has been withdrawn—
(a) subsection (2) does not apply, and
(b) the judge must order the person’s discharge.
(1) This section applies if the appropriate judge makes an order under section 48(3)(b) for further proceedings on a Part 1 warrant to be deferred.
(2) The judge must remand the person in respect of whom the warrant was issued in custody or on bail.
(3) If the judge remands the person in custody he may later grant bail.
(4) If an order is made under section 180 for proceedings on the warrant to be resumed, the period specified in section 46(6) must be taken to be 10 days starting with the day on which the order under section 180 is made.
(1) This section applies if—
(a) a person in respect of whom a Part 1 warrant is issued consents under section 45 to his extradition to the category 1 territory in which the warrant was issued, and
(b) the condition in subsection (2) is satisfied before the judge orders his extradition under section 46(6) or 48(3)(a).
(2) The condition is that the judge is informed that—
(a) a certificate has been issued under section 70 in respect of a request for the person’s extradition;
(b) the request has not been disposed of.
(3) The judge must not make an order under section 46(6) or 48(3) until he is informed what order has been made under section 179(2).
(4) If the order under section 179(2) is for further proceedings on the warrant to be deferred until the request has been disposed of, the judge must remand the person in custody or on bail.
(5) If the judge remands the person in custody he may later grant bail.
(6) If—
(a) the order under section 179(2) is for further proceedings on the warrant to be deferred until the request has been disposed of, and
(b) an order is made under section 180 for proceedings on the warrant to be resumed,
the period specified in section 46(6) must be taken to be 10 days starting with the day on which the order under section 180 is made.
(7) If the order under section 179(2) is for further proceedings on the request to be deferred until the warrant has been disposed of, the period specified in section 46(6) must be taken to be 10 days starting with the day on which the judge is informed of the order.
(1) This section applies if—
(a) the appropriate judge makes an order under section 46(6) or 48(3)(a) for a person’s extradition to a category 1 territory;
(b) the person is serving a sentence of imprisonment or another form of detention in the United Kingdom.
(2) 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.
(3) 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.
(4) 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.
(5) If the judge makes an order for extradition subject to a condition under subsection (2) the required period for the purposes of sections 47(2) and 49(2) is 10 days starting with the day on which the judge receives the undertaking.
(1) This section applies if—
(a) an order is made under section 46(6) or 48(3)(a) 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) The required period for the purposes of sections 47(2) and 49(2) is 10 days starting with the day on which the order under section 181(2) is made.
(1) This section applies if—
(a) a person is extradited to a category 1 territory in respect of an offence in accordance with this Part;
(b) the appropriate judge receives a request for consent to the person being dealt with in the territory for another offence;
(c) the request is certified under this section by the designated authority.
(2) The designated authority may certify a request for consent under this section if it believes that the authority making the request—
(a) is a judicial authority of the territory, and
(b) has the function of making requests for the consent referred to in subsection (1)(b) in that territory.
(3) A certificate under subsection (2) must certify that the authority making the request falls within paragraphs (a) and (b) of that subsection.
(4) The judge must serve notice on the person that he has received the request for consent, unless he is satisfied that it would not be practicable to do so.
(5) The consent hearing must begin before the end of the required period, which is 21 days starting with the day on which the request for consent is received by the designated authority.
(6) The judge may extend the required period if he believes it to be in the interests of justice to do so; and this subsection may apply more than once.
(7) The power in subsection (6) may be exercised even after the end of the required period.
(8) If the consent hearing does not begin before the end of the required period and the judge does not exercise the power in subsection (6) to extend the period, he must refuse consent.
(9) The judge may at any time adjourn the consent hearing.
(10) The consent hearing is the hearing at which the judge is to consider the request for consent.
(1) At the consent hearing under section 54 the judge must decide whether consent is required to the person being dealt with in the territory for the offence for which consent is requested.
(2) If the judge decides the question in subsection (1) in the negative he must inform the authority making the request of his decision.
(3) If the judge decides that question in the affirmative he must decide whether the offence for which consent is requested is an extradition offence.
(4) If the judge decides the question in subsection (3) in the negative he must refuse consent.
(5) If the judge decides that question in the affirmative he must decide whether he would order the person’s extradition under sections 11 to 25 if—
(a) the person were in the United Kingdom, and
(b) the judge were required to proceed under section 11 in respect of the offence for which consent is requested.
(6) If the judge decides the question in subsection (5) in the affirmative he must give consent.
(7) If the judge decides that question in the negative he must refuse consent.
(8) Consent is not required to the person being dealt with in the territory for the offence if the person has been given an opportunity to leave the territory and—
(a) he has not done so before the end of the permitted period, or
(b) if he did so before the end of the permitted period, he has returned there.
(9) The permitted period is 45 days starting with the day on which the person arrived in the territory following his extradition there in accordance with this Part.
(10) Subject to subsection (8), the judge must decide whether consent is required to the person being dealt with in the territory for the offence by reference to what appears to him to be the law of the territory or arrangements made between the territory and the United Kingdom.
(1) This section applies if—
(a) a person is extradited to a category 1 territory (the requesting territory) in accordance with this Part;
(b) the appropriate judge receives a request for consent to the person’s extradition to another category 1 territory for an offence;
(c) the request is certified under this section by the designated authority.
(2) The designated authority may certify a request for consent under this section if it believes that the authority making the request—
(a) is a judicial authority of the requesting territory, and
(b) has the function of making requests for the consent referred to in subsection (1)(b) in that territory.
(3) A certificate under subsection (2) must certify that the authority making the request falls within paragraphs (a) and (b) of that subsection.
(4) The judge must serve notice on the person that he has received the request for consent, unless he is satisfied that it would not be practicable to do so.
(5) The consent hearing must begin before the end of the required period, which is 21 days starting with the day on which the request for consent is received by the designated authority.
(6) The judge may extend the required period if he believes it to be in the interests of justice to do so; and this subsection may apply more than once.
(7) The power in subsection (6) may be exercised even after the end of the required period.
(8) If the consent hearing does not begin before the end of the required period and the judge does not exercise the power in subsection (6) to extend the period, he must refuse consent.
(9) The judge may at any time adjourn the consent hearing.
(10) The consent hearing is the hearing at which the judge is to consider the request for consent.
(1) At the consent hearing under section 56 the judge must decide whether consent is required to the person’s extradition to the other category 1 territory for the offence.
(2) If the judge decides the question in subsection (1) in the negative he must inform the authority making the request of his decision.
(3) If the judge decides that question in the affirmative he must decide whether the offence is an extradition offence in relation to the category 1 territory referred to in section 56(1)(b).
(4) If the judge decides the question in subsection (3) in the negative he must refuse consent.
(5) If the judge decides that question in the affirmative he must decide whether he would order the person’s extradition under sections 11 to 25 if—
(a) the person were in the United Kingdom, and
(b) the judge were required to proceed under section 11 in respect of the offence for which consent is requested.
(6) If the judge decides the question in subsection (5) in the affirmative he must give consent.
(7) If the judge decides that question in the negative he must refuse consent.
(8) Consent is not required to the person’s extradition to the other territory for the offence if the person has been given an opportunity to leave the requesting territory and—
(a) he has not done so before the end of the permitted period, or
(b) if he did so before the end of the permitted period, he has returned there.
(9) The permitted period is 45 days starting with the day on which the person arrived in the requesting territory following his extradition there in accordance with this Part.
(10) Subject to subsection (8), the judge must decide whether consent is required to the person’s extradition to the other territory for the offence by reference to what appears to him to be the arrangements made between the requesting territory and the United Kingdom.
(1) This section applies if—
(a) a person is extradited to a category 1 territory (the requesting territory) in accordance with this Part;
(b) the Secretary of State receives a request for consent to the person’s extradition to a category 2 territory for an offence;
(c) the request is certified under this section by the designated authority.
(2) The designated authority may certify a request for consent under this section if it believes that the authority making the request—
(a) is a judicial authority of the requesting territory, and
(b) has the function of making requests for the consent referred to in subsection (1)(b) in that territory.
(3) A certificate under subsection (2) must certify that the authority making the request falls within paragraphs (a) and (b) of that subsection.
(4) The Secretary of State must serve notice on the person that he has received the request for consent, unless he is satisfied that it would not be practicable to do so.
(5) The Secretary of State must decide whether the offence is an extradition offence within the meaning given by section 137 in relation to the category 2 territory.
(6) If the Secretary of State decides the question in subsection (5) in the negative he must refuse consent.
(7) If the Secretary of State decides that question in the affirmative he must decide whether the appropriate judge would send the case to him (for his decision whether the person was to be extradited) under sections 79 to 91 if—
(a) the person were in the United Kingdom, and
(b) the judge were required to proceed under section 79 in respect of the offence for which the Secretary of State’s consent is requested.
(8) If the Secretary of State decides the question in subsection (7) in the negative he must refuse his consent.
(9) If the Secretary of State decides that question in the affirmative he must decide whether, if the person were in the United Kingdom, his extradition to the category 2 territory in respect of the offence would be prohibited under section 94, 95 or 96.
(10) If the Secretary of State decides the question in subsection (9) in the negative he may give consent.
(11) If the Secretary of State decides that question in the affirmative he must refuse consent.
(12) This section applies in relation to any function which falls under this section to be exercised in relation to Scotland only as if the references in this section to the Secretary of State were to the Scottish Ministers.
(1) This section applies if—
(a) a person who is serving a sentence of imprisonment or another form of detention in the United Kingdom is extradited to a category 1 territory in accordance with this Part;
(b) the person is returned to the United Kingdom to serve the remainder of his sentence.
(2) The person is liable to be detained in pursuance of his sentence.
(3) If he is at large he must be treated as being unlawfully at large.
(4) Time during which the person was not in the United Kingdom as a result of his extradition does not count as time served by him as part of his sentence.
(5) But subsection (4) does not apply if—
(a) the person was extradited for the purpose of being prosecuted for an offence, and
(b) the person has not been convicted of the offence or of any other offence in respect of which he was permitted to be dealt with in the category 1 territory.
(6) In a case falling within subsection (5), time during which the person was not in the United Kingdom as a result of his extradition counts as time served by him as part of his sentence if (and only if) it was spent in custody in connection with the offence or any other offence in respect of which he was permitted to be dealt with in the territory.
(1) This section applies if any of the following occurs in relation to a person in respect of whom a Part 1 warrant is issued—
(a) an order for the person’s extradition is made under this Part;
(b) the High Court dismisses an appeal under section 26;
(c) the High Court or the House of Lords dismisses an application for leave to appeal to the House of Lords under section 32, if the application is made by the person;
(d) the House of Lords dismisses an appeal under section 32, if the appeal is brought by the person.
(2) In a case falling within subsection (1)(a), the appropriate judge may make such order as he considers just and reasonable with regard to the costs to be paid by the person.
(3) In a case falling within subsection (1)(b), (c) or (d), the court by which the application or appeal is dismissed may make such order as it considers just and reasonable with regard to the costs to be paid by the person.
(4) An order for costs under this section—
(a) must specify their amount;
(b) may name the person to whom they are to be paid.
(1) This section applies if any of the following occurs in relation to a person in respect of whom a Part 1 warrant is issued—
(a) an order for the person’s discharge is made under this Part;
(b) the person is taken to be discharged under this Part;
(c) the High Court dismisses an appeal under section 28;
(d) the High Court or the House of Lords dismisses an application for leave to appeal to the House of Lords under section 32, if the application is made by the authority which issued the warrant;
(e) the House of Lords dismisses an appeal under section 32, if the appeal is brought by the authority which issued the warrant.
(2) In a case falling within subsection (1)(a), an order under subsection (5) in favour of the person may be made by—
(a) the appropriate judge, if the order for the person’s discharge is made by him;
(b) the High Court, if the order for the person’s discharge is made by it;
(c) the House of Lords, if the order for the person’s discharge is made by it.
(3) In a case falling within subsection (1)(b), the appropriate judge may make an order under subsection (5) in favour of the person.
(4) In a case falling within subsection (1)(c), (d) or (e), the court by which the application or appeal is dismissed may make an order under subsection (5) in favour of the person.
(5) An order under this subsection in favour of a person is an order for a payment of the appropriate amount to be made to the person out of money provided by Parliament.
(6) The appropriate amount is such amount as the judge or court making the order under subsection (5) considers reasonably sufficient to compensate the person in whose favour the order is made for any expenses properly incurred by him in the proceedings under this Part.
(7) But if the judge or court making an order under subsection (5) is of the opinion that there are circumstances which make it inappropriate that the person in whose favour the order is made should recover the full amount mentioned in subsection (6), the judge or court must—
(a) assess what amount would in his or its opinion be just and reasonable;
(b) specify that amount in the order as the appropriate amount.
(8) Unless subsection (7) applies, the appropriate amount—
(a) must be specified in the order, if the court considers it appropriate for it to be so specified and the person in whose favour the order is made agrees the amount;
(b) must be determined in accordance with regulations made by the Lord Chancellor for the purposes of this section, in any other case.
(1) In England and Wales, subsections (1) and (3) of section 20 of the Prosecution of Offences Act 1985 (c. 23) (regulations for carrying Part 2 of that Act into effect) apply in relation to section 61 as those subsections apply in relation to Part 2 of that Act.
(2) As so applied those subsections have effect as if an order under section 61(5) were an order under Part 2 of that Act for a payment to be made out of central funds.
(3) In Northern Ireland, section 7 of the Costs in Criminal Cases Act (Northern Ireland) 1968 (c. 10) (rules relating to costs) applies in relation to section 61 as that section applies in relation to sections 2 to 5 of that Act.
(1) This section applies if an arrest warrant is issued in respect of a person by an authority of a category 1 territory and the warrant contains the statement referred to in subsection (2).
(2) The statement is one that—
(a) the person is alleged to be unlawfully at large from a prison in one territory (the imprisoning territory) in which he was serving a sentence after conviction of an offence specified in the warrant by a court in another territory (the convicting territory), and
(b) the person was serving the sentence in pursuance of international arrangements for prisoners sentenced in one territory to be repatriated to another territory in order to serve their sentence, and
(c) the warrant is issued with a view to his arrest and extradition to the category 1 territory for the purpose of serving a sentence or another form of detention imposed in respect of the offence.
Extradition Act 2003