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PART 2 continued
(1) This section applies if at any time in the extradition hearing the judge is informed that the person is charged with an offence in the United Kingdom.
(2) The judge must adjourn the extradition hearing until one of these occurs—
(a) the charge is disposed of;
(b) the charge is withdrawn;
(c) proceedings in respect of the charge are discontinued;
(d) an order is made for the charge to lie on the file, or in relation to Scotland, the diet is deserted pro loco et tempore.
(3) If a sentence of imprisonment or another form of detention is imposed in respect of the offence charged, the judge may adjourn the extradition hearing until the sentence has been served.
(4) If before he adjourns the extradition hearing under subsection (2) the judge has decided under section 79 whether the person’s extradition is barred by reason of the rule against double jeopardy, the judge must decide that question again after the resumption of the hearing.
(1) This section applies if at any time in the extradition hearing the judge is informed that the person is serving a sentence of imprisonment or another form of detention in the United Kingdom.
(2) The judge may adjourn the extradition hearing until the sentence has been served.
(1) This section applies if at any time in the extradition hearing the judge is informed that the conditions in subsection (2) or (3) are met.
(2) The conditions are that—
(a) the Secretary of State has received another valid request for the person’s extradition to a category 2 territory;
(b) the other request has not been disposed of;
(c) the Secretary of State has made an order under section 126(2) for further proceedings on the request under consideration to be deferred until the other request has been disposed of.
(3) The conditions are that—
(a) a certificate has been issued under section 2 in respect of a Part 1 warrant issued in respect of the person;
(b) the warrant has not been disposed of;
(c) the Secretary of State has made an order under section 179(2) for further proceedings on the request to be deferred until the warrant has been disposed of.
(4) 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.
(1) This section applies if at any time in the extradition hearing it appears to the judge that the condition in subsection (2) is satisfied.
(2) The condition is that the physical or mental condition of the person is such that it would be unjust or oppressive to extradite him.
(3) The judge must—
(a) order the person’s discharge, or
(b) adjourn the extradition hearing until it appears to him that the condition in subsection (2) is no longer satisfied.
(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 judge must inform the person in ordinary language that—
(a) he has a right to appeal to the High Court;
(b) if he exercises the right the appeal will not be heard until the Secretary of State has made his decision.
(3) But subsection (2) does not apply if the person has consented to his extradition under section 127.
(4) The judge must remand the person in custody or on bail—
(a) to wait for the Secretary of State’s decision, and
(b) to wait for his extradition to the territory to which extradition is requested (if the Secretary of State orders him to be extradited).
(5) If the judge remands the person in custody he may later grant bail.
(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).
(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 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 6 weeks starting with the appropriate day.
(1) The Secretary of State must not order a person’s extradition to a category 2 territory if he could be, will be or has been sentenced to death for the offence concerned in the category 2 territory.
(2) Subsection (1) does not apply if the Secretary of State receives a written assurance which he considers adequate that a sentence of death—
(a) will not be imposed, or
(b) will not be carried out (if imposed).
(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.
The Secretary of State must not order a person’s extradition to a category 2 territory if—
(a) the person was extradited to the United Kingdom from another territory (the extraditing territory);
(b) under arrangements between the United Kingdom and the extraditing territory, that territory’s consent is required to the person’s extradition from the United Kingdom to the category 2 territory in respect of the extradition offence under consideration;
(c) that consent has not been given on behalf of the extraditing territory.
(1) This section applies if—
(a) the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited;
(b) the person is charged with an offence in the United Kingdom.
(2) The Secretary of State must not make a decision with regard to the person’s extradition until one of these occurs—
(a) the charge is disposed of;
(b) the charge is withdrawn;
(c) proceedings in respect of the charge are discontinued;
(d) an order is made for the charge to lie on the file or, in relation to Scotland, the diet is deserted pro loco et tempore.
(3) If a sentence of imprisonment or another form of detention is imposed in respect of the offence charged, the Secretary of State may defer making a decision with regard to the person’s extradition until the sentence has been served.
(1) This section applies if—
(a) the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited;
(b) the person is serving a sentence of imprisonment or another form of detention in the United Kingdom.
(2) The Secretary of State may defer making a decision with regard to the person’s extradition until the sentence has been served.
(1) This section applies if—
(a) the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited;
(b) within the required period the Secretary of State does not make an order for the person’s extradition or discharge.
(2) If the person applies to the High Court to be discharged, the court must order his discharge.
(3) The required period is the period of 2 months starting with the appropriate day.
(4) If before the required period ends the Secretary of State applies to the High Court for it to be extended the High Court may make an order accordingly; and this subsection may apply more than once.
(1) If the Secretary of State orders a person’s extradition under this Part he must—
(a) inform the person of the order;
(b) inform him in ordinary language that he has a right of appeal to the High Court;
(c) inform a person acting on behalf of the category 2 territory of the order.
(2) But subsection (1)(b) does not apply if the person has consented to his extradition under section 127.
(3) If the Secretary of State orders a person’s extradition under this Part and he has received an assurance such as is mentioned in section 94(2), he must give the person a copy of the assurance when he informs him under subsection (1) of the order.
(4) If the Secretary of State orders a person’s discharge under this Part he must—
(a) inform him of the order;
(b) inform a person acting on behalf of the category 2 territory of the order.
(1) An order to which this section applies must be made under the hand of one of these—
(a) the Secretary of State;
(b) a Minister of State;
(c) a Parliamentary Under-Secretary of State;
(d) a senior official.
(2) But, in relation to Scotland, an order to which this section applies must be made under the hand of one of these—
(a) a member of the Scottish Executive or a junior Scottish Minister;
(b) a senior official who is a member of the staff of the Scottish Administration.
(3) This section applies to—
(a) an order under section 93 for a person’s extradition;
(b) an order under section 93 or 123 for a person’s discharge.
(4) A senior official is—
(a) a member of the Senior Civil Service;
(b) a member of the Senior Management Structure of Her Majesty’s Diplomatic Service.
(5) If it appears to the Secretary of State that it is necessary to do so in consequence of any changes to the structure or grading of the home civil service or diplomatic service, he may by order make such amendments to subsection (4) as appear to him appropriate to preserve (so far as practicable) the effect of that subsection.
(1) This section applies for the purposes of sections 93 and 99 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) If the person is charged with an offence in the United Kingdom, the appropriate day is the day on which one of these occurs—
(a) the charge is disposed of;
(b) the charge is withdrawn;
(c) proceedings in respect of the charge are discontinued;
(d) an order is made for the charge to lie on the file, or in relation to Scotland, the diet is deserted pro loco et tempore.
(3) If under section 97(3) or 98(2) the Secretary of State defers making a decision until the person has served a sentence, the appropriate day is the day on which the person finishes serving the sentence.
(4) If section 126 applies in relation to the request for the person’s extradition (the request concerned) the appropriate day is—
(a) the day on which the Secretary of State makes an order under that section, if the order is for proceedings on the other request to be deferred;
(b) the day on which an order under section 180 is made, if the order under section 126 is for proceedings on the request concerned to be deferred and the order under section 180 is for the proceedings to be resumed.
(5) If section 179 applies in relation to the request for the person’s extradition, the appropriate day is—
(a) the day on which the Secretary of State makes an order under that section, if the order is for proceedings on the warrant to be deferred;
(b) the day on which an order under section 180 is made, if the order under section 179 is for proceedings on the request to be deferred and the order under section 180 is for the proceedings to be resumed.
(6) If more than one of subsections (2) to (5) applies, the appropriate day is the latest of the days found under the subsections which apply.
(7) In any other case, the appropriate day is the day on which the judge sends the case to the Secretary of State for his decision whether the person is to be extradited.
(1) If the judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited, the person may appeal to the High Court against the relevant decision.
(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) The relevant decision is the decision that resulted in the case being sent to the Secretary of State.
(4) An appeal under this section may be brought on a question of law or fact.
(5) If an appeal is brought under this section before the Secretary of State has decided whether the person is to be extradited the appeal must not be heard until after the Secretary of State has made his decision.
(6) If the Secretary of State orders the person’s discharge the appeal must not be proceeded with.
(7) No appeal may be brought under this section if the Secretary of State has ordered the person’s discharge.
(8) If notice of an appeal under section 110 against the decision which resulted in the order for the person’s discharge is given in accordance with subsection (5) of that section—
(a) subsections (6) and (7) do not apply;
(b) no appeal may be brought under this section if the High Court has made its decision on the appeal.
(9) 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 14 days starting with the day on which the Secretary of State informs the person under section 100(1) or (4) of the order he has made in respect of the person.
(1) On an appeal under section 103 the High Court may—
(a) allow the appeal;
(b) direct the judge to decide again a question (or questions) which he decided at the extradition hearing;
(c) 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 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 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.
(6) If the judge comes to a different decision on any question that is the subject of a direction under subsection (1)(b) he must order the person’s discharge.
(7) If the judge comes to the same decision as he did at the extradition hearing on the question that is (or all the questions that are) the subject of a direction under subsection (1)(b) the appeal must be taken to have been dismissed by a decision of the High Court.
(1) If at the extradition hearing the judge orders a person’s discharge, an appeal to the High Court may be brought on behalf of the category 2 territory against the relevant decision.
(2) But subsection (1) does not apply if the order for the person’s discharge was under section 122.
(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 14 days starting with the day on which the order for the person’s discharge is made.
(1) On an appeal under section 105 the High Court may—
(a) allow the appeal;
(b) direct the judge to decide the relevant question again;
(c) dismiss the appeal.
(2) A question is the relevant question if the judge’s decision on it resulted in the order for the person’s discharge.
(3) The court may allow the appeal only if the conditions in subsection (4) or the conditions in subsection (5) are satisfied.
(4) 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.
(5) 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.
(6) 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.
(7) If the court makes a direction under subsection (1)(b) and the judge decides the relevant question differently he must proceed as he would have been required to do if he had decided that question differently at the extradition hearing.
(8) If the court makes a direction under subsection (1)(b) and the judge does not decide the relevant question differently the appeal must be taken to have been dismissed by a decision of the High Court.
(1) This section applies if immediately after the judge orders the person’s discharge the judge is informed on behalf of the category 2 territory of an intention to appeal under section 105.
(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 105 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 court is not immediately informed on behalf of the category 2 territory of an intention 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 on behalf of the category 2 territory 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) If the Secretary of State orders a person’s extradition under this Part, the person may appeal to the High Court against the order.
(2) But subsection (1) does not apply if the person has consented to his extradition under section 127.
(3) An appeal under this section may be brought on a question of law or fact.
(4) 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 14 days starting with the day on which the Secretary of State informs the person of the order under section 100(1).
(1) On an appeal under section 108 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 Secretary of State ought to have decided a question before him differently;
(b) if he had decided the question in the way he ought to have done, he would not have ordered the person’s extradition.
(4) The conditions are that—
(a) an issue is raised that was not raised when the case was being considered by the Secretary of State or information is available that was not available at that time;
(b) the issue or information would have resulted in the Secretary of State deciding a question before him differently;
(c) if he had decided the question in that way, he would not have ordered the person’s extradition.
(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 Secretary of State makes an order for a person’s discharge under this Part, an appeal to the High Court may be brought on behalf of the category 2 territory against the relevant decision.
(2) But subsection (1) does not apply if the order for the person’s discharge was under section 123.
(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 14 days starting with the day on which (under section 100(4)) the Secretary of State informs a person acting on behalf of the category 2 territory of the order.
(1) On an appeal under section 110 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 Secretary of State ought to have decided a question before him differently;
(b) if he had decided the question in the way he ought to have done, he would have ordered the person’s extradition.
(4) The conditions are that—
(a) an issue is raised that was not raised when the case was being considered by the Secretary of State or information is available that was not available at that time;
(b) the issue or information would have resulted in the Secretary of State deciding a question before him differently;
(c) if he had decided the question in that way, he would have ordered the person’s extradition.
(5) If the court allows the appeal it must—
(a) quash the order discharging the person;
(b) order the person’s extradition.
Extradition Act 2003