When the FBI Seeks Extradition…®

STATUTES BY COUNTRY


Extradition Bill

A Bill To Make provision about extradition.

BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1

Extradition to category 1 territories

Introduction

1 Extradition to category 1 territories

(1) This Part deals with extradition from the United Kingdom to the territories designated for the purposes of this Part by Order in Council.

(2) In this Act references to category 1 territories are to the territories designated for the purposes of this Part.

2 Part 1 warrant and certificate

(1) This section applies if the designated authority receives a Part 1 warrant in respect of a person.

(2) A Part 1 warrant is an arrest warrant which—

(a) contains the statement referred to in subsection (3) or the statement referred to in subsection (4), and

(b) is issued by an authority of a category 1 territory.

(3) The statement is one that—

(a) the person in respect of whom the warrant is issued is accused in the category 1 territory of the commission of an offence specified in the warrant, and

(b) the warrant is issued with a view to his arrest and extradition to the category 1 territory for the purpose of being prosecuted for the offence.

Bill 2

(4) The statement is one that—

(a) the person in respect of whom the warrant is issued is alleged to be unlawfully at large after conviction of an offence specified in the warrant by a court in the category 1 territory, and
(b) the warrant is issued with a view to his arrest and extradition to the category 1 territory for the purpose of being sentenced for the offence or of serving a sentence of imprisonment or another form of detention imposed in respect of the offence.

(5) The designated authority may issue a certificate under this section if it believes that the authority which issued the warrant has the function of issuing arrest 10 warrants in the category 1 territory.

(6) A certificate under this section must certify that the authority which issued the warrant has the function of issuing arrest warrants in the category 1 territory.

(7) The designated authority is the authority designated for the purposes of this Part by Order in Council.

(8) An Order in Council made under subsection (7) may—

(a) designate more than one authority;
(b) designate different authorities for different parts of the United Kingdom.

Arrest

3 Arrest under certified Part 1 warrant

(1) This section applies if a certificate is issued under section 2 in respect of a Part 1 warrant.

(2) The warrant may—

(a) be executed in any part of the United Kingdom;
(b) be executed by a constable or by an appropriate person;
(c) be executed even if neither the warrant nor a copy of it is in the possession of the person executing it at the time of the arrest.

(3) An appropriate person is a person of a description specified in an order made by the Secretary of State for the purposes of this section.

4 Person arrested under Part 1 warrant

(1) This section applies if a person is arrested under a Part 1 warrant.

(2) If neither the warrant nor a copy of it was shown to the person at the time of his arrest and he asks to be shown the warrant, the warrant or a copy of it must be shown to him as soon as practicable after his request.

(3) The person must be brought as soon as practicable before the appropriate judge.

(4) If subsection (2) or (3) is not complied with the person must be taken to be discharged.

(5) A person arrested under the warrant must be treated as continuing in legal custody until he is brought before the appropriate judge under subsection (3) or he is taken to be discharged under subsection (4).

5 Provisional arrest

(1) A constable or an appropriate person may arrest a person without a warrant in any part of the United Kingdom if he has reason to believe—

(a) that a Part 1 warrant has been or will be issued in respect of the person by an authority of a category 1 territory, and
(b) that the authority has the function of issuing arrest warrants in the category 1 territory.

(2) An appropriate person is a person of a description specified in an order made by the Secretary of State for the purposes of this section.

6 Person arrested under section 5

(1) This section applies if a person is arrested under section 5.

(2) The following must occur within the required period—

(a) the person must be brought before the appropriate judge;
(b) the documents specified in subsection (4) must be produced to the judge.

(3) The required period is 48 hours starting with the time when the person is arrested.

(4) The documents are—

(a) a Part 1 warrant in respect of the person;
(b) a certificate under section 2 in respect of the warrant.

(5) If subsection (2) is not complied with the person must be taken to be discharged.

(6) The person must be treated as continuing in legal custody until he is brought before the appropriate judge under subsection (2) or he is taken to be discharged under subsection (5).

The initial hearing

7 Identity of person arrested

(1) This section applies if—

(a) a person arrested under a Part 1 warrant is brought before the appropriate judge under section 4(3), or
(b) a person is arrested under section 5 and section 6(2) is complied with in relation to him.

(2) The judge must decide whether the person brought before him is the person in respect of whom—

(a) the warrant referred to in subsection (1)(a) was issued, or
(b) the warrant referred to in section 6(4) was issued.

(3) If the judge decides the question in subsection (2) in the negative he must order the person’s discharge.

(4) If the judge decides that question in the affirmative he must proceed under section 8.

(5) In England and Wales, the judge has the same powers (as nearly as may be) as a magistrates’ court would have if the proceedings were the summary trial of an information against the person.

(6) In Scotland—

(a) the judge has the same powers (as nearly as may be) as if the proceedings were summary proceedings in respect of an offence alleged to have been committed by the person; but

(b) in his making any decision under subsection (2) evidence from a single source shall be sufficient.

(7) In Northern Ireland, the judge has the same powers (as nearly as may be) as a magistrates’ court would have if the proceedings were the hearing and determination of a complaint against the person.

(8) If the judge exercises his power to adjourn the proceedings he must remand the person in custody or on bail.

(9) If the judge remands the person in custody he may later grant bail.

8 Remand etc.

(1) If the judge is required to proceed under this section he must—

(a) fix a date on which the extradition hearing is to begin;
(b) give the person the required information about consent;
(c) remand the person in custody or on bail.

(2) If the judge remands the person in custody he may later grant bail.

(3) The required information about consent is—

(a) that the person may consent to his extradition to the category 1 territory in which the Part 1 warrant was issued;
(b) an explanation of the effect of consent and the procedure that will apply if he gives consent;
(c) that consent must be given before the judge and is irrevocable.

(4) The date fixed under subsection (1) must not be later than the end of the permitted period, which is 21 days starting with the date of the arrest referred to in section 7(1)(a) or (b).

(5) If before the date fixed under subsection (1) (or this subsection) a party to the proceedings applies to the judge for a later date to be fixed and the judge believes there are exceptional circumstances, he may fix a later date; and this subsection may apply more than once.

(6) Subsections (7) and (8) apply if the extradition hearing does not begin on or before the date fixed under this section.

(7) If the person applies to the judge to be discharged the judge must order his discharge, unless reasonable cause is shown for the delay.

(8) If no application is made under subsection (7) the judge must order the person’s discharge on the first occasion after the date fixed under this section when the person appears or is brought before the judge, unless reasonable cause is shown for the delay.

The extradition hearing

9 Judge’s powers at extradition hearing

(1) In England and Wales, at the extradition hearing the appropriate judge has the same powers (as nearly as may be) as a magistrates’ court would have if the proceedings were the summary trial of an information against the person in respect of whom the Part 1 warrant was issued.

(2) In Scotland, at the extradition hearing the appropriate judge has the same powers (as nearly as may be) as if the proceedings were summary proceedings in respect of an offence alleged to have been committed by the person in respect of whom the Part 1 warrant was issued.

(3) In Northern Ireland, at the extradition hearing the appropriate judge has the same powers (as nearly as may be) as a magistrates’ court would have if the proceedings were the hearing and determination of a complaint against the person in respect of whom the Part 1 warrant was issued.

(4) If the judge adjourns the extradition hearing he must remand the person in custody or on bail.

(5) If the judge remands the person in custody he may later grant bail.

10 Initial stage of extradition hearing

(1) This section applies if a person in respect of whom a Part 1 warrant is issued appears or is brought before the appropriate judge for the extradition hearing.

(2) The judge must decide whether the offence specified in the Part 1 warrant is an extradition offence.

(3) If the judge decides the question in subsection (2) in the negative he must order the person’s discharge.

(4) If the judge decides that question in the affirmative he must proceed under section 11.

11 Bars to extradition

(1) If the judge is required to proceed under this section he must decide whether the person’s extradition to the category 1 territory is barred by reason of—

(a) the rule against double jeopardy;
(b) extraneous considerations;
(c) the person’s age;
(d) the death penalty;
(e) hostage-taking considerations;
(f) speciality;
(g) the person’s earlier extradition to the United Kingdom from another category 1 territory;
(h) the person’s earlier extradition to the United Kingdom from a non- category 1 territory.

(2) Sections 12 to 19 apply for the interpretation of subsection (1).

(3) If the judge decides any of the questions in subsection (1) in the affirmative he must order the person’s discharge.

(4) If the judge decides those questions in the negative and the person is alleged to be unlawfully at large after conviction of the extradition offence, the judge must proceed under section 20.

(5) If the judge decides those questions in the negative and the person is accused of the commission of the extradition offence but is not alleged to be unlawfully at large after conviction of it, the judge must proceed under section 21.

12 Rule against double jeopardy

A person’s extradition to a category 1 territory is barred by reason of the rule against double jeopardy if (and only if) it appears that he would be entitled to be discharged under any rule of law relating to previous acquittal or conviction if he were charged with the extradition offence in the part of the United Kingdom where the judge exercises jurisdiction.

13 Extraneous considerations

A person’s extradition to a category 1 territory is barred by reason of extraneous considerations if (and only if) it appears that—

(a) the Part 1 warrant issued in respect of him (though purporting to be issued on account of the extradition offence) is in fact issued for the purpose of prosecuting or punishing him on account of his race, religion, nationality or political opinions, or

(b) if extradited he might be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality or political opinions.

14 Age

A person’s extradition to a category 1 territory is barred by reason of his age if (and only if) it would be conclusively presumed because of his age that he could not be guilty of the extradition offence on the assumption—

(a) that the conduct constituting the extradition offence constituted an offence in the part of the United Kingdom where the judge exercises jurisdiction;

(b) that the person carried out the conduct when the extradition offence was committed (or alleged to be committed);

(c) that the person carried out the conduct in the part of the United Kingdom where the judge exercises jurisdiction.

15 Death penalty

(1) A person’s extradition to a category 1 territory is barred by reason of the death penalty if (and only if) he could be, will be or has been sentenced to death for the extradition offence in the category 1 territory.

(2) Subsection (1) does not apply if the judge 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).

16 Hostage-taking considerations

(1) A person’s extradition to a category 1 territory is barred by reason of hostage- taking considerations if (and only if) the territory is a party to the Hostage- taking Convention and it appears that—

(a) if extradited he might be prejudiced at his trial because communication between him and the appropriate authorities would not be possible,
and (b) the act or omission constituting the extradition offence also constitutes an offence under section 1 of the Taking of Hostages Act 1982 (c. 28) or an attempt to commit such an offence.

(2) The appropriate authorities are the authorities of the territory which are entitled to exercise rights of protection in relation to him.

(3) A certificate issued by the Secretary of State that a territory is a party to the Hostage-taking Convention is conclusive evidence of that fact for the purposes of subsection (1).

(4) The Hostage-taking Convention is the International Convention against the Taking of Hostages opened for signature at New York on 18 December 1979.

17 Speciality

(1) A person’s extradition to a category 1 territory is barred by reason of speciality if (and only if) there are no speciality arrangements with the category 1 territory.

(2) There are speciality arrangements with a category 1 territory 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 (3), or
(b) the condition in subsection (4) is satisfied.

(3) 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;
(c) an extradition offence in respect of which the appropriate judge gives his consent under section 52 to the person being dealt with;
(d) an extradition offence in respect of which the appropriate judge is treated by section 53 as giving his consent to the person being dealt with;
(e) an offence which is not punishable with imprisonment or another form of detention;
(f) an offence in respect of which the person will not be detained in connection with his trial, sentence or appeal;
(g) 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.

(4) The condition is that the person is given an opportunity to leave the category 1 territory and—

(a) he does not do so before the end of the permitted period, or
(b) if he does so before the end of the permitted period, he returns there.

(5) The permitted period is 45 days starting with the day on which the person arrives in the category 1 territory.

(6) Arrangements made with a category 1 territory which is a Commonwealth country or a British overseas territory may be made for a particular case or more generally.

(7) A certificate issued by or under the authority of the Secretary of State confirming the existence of arrangements with a category 1 territory which is a Commonwealth country or a British overseas territory and stating the terms of the arrangements is conclusive evidence of those matters.

18 Earlier extradition to United Kingdom from category 1 territory

A person’s extradition to a category 1 territory is barred by reason of his earlier extradition to the United Kingdom from another category 1 territory if (and only if)—

(a) the person was extradited to the United Kingdom from another category 1 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 1 territory in respect of the extradition offence under consideration;
(c) that consent has not been given on behalf of the extraditing territory and the arrangements do not treat it as having been given.

19 Earlier extradition to United Kingdom from non-category 1 territory

A person’s extradition to a category 1 territory is barred by reason of his earlier extradition to the United Kingdom from a non-category 1 territory if (and only if)—

(a) the person was extradited to the United Kingdom from a territory that is not a category 1 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 being dealt with in the United Kingdom in respect of the extradition offence under consideration;
(c) consent has not been given on behalf of the extraditing territory to the person’s extradition from the United Kingdom to the category 1 territory in respect of the extradition offence under consideration.

20 Case where person has been convicted

(1) If the judge is required to proceed under this section (by virtue of section 11) he must decide—

(a) whether the person was convicted in his presence or in his absence;
(b) if he was convicted in his absence, whether he deliberately absented himself from his trial;
(c) if he was convicted in his absence and he did not deliberately absent himself from his trial, whether he would be entitled to a retrial or (on appeal) to a review amounting to a retrial.

(2) The judge must order the person’s discharge if he decides that he—

(a) was convicted in his absence,
(b) did not deliberately absent himself from his trial, and
(c) would not be entitled to a retrial or (on appeal) to a review amounting to a retrial.

(3) The judge must proceed under section 21 if he decides that the person—

(a) was convicted in his presence, or
(b) was convicted in his absence and deliberately absented himself from his trial, or
(c) was convicted in his absence, did not deliberately absent himself from his trial and would be entitled to a retrial or (on appeal) to a review amounting to a retrial.

21 Human rights

(1) If the judge is required to proceed under this section (by virtue of section 11 or 20) he must decide whether the person’s extradition would be compatible with the Convention rights within the meaning of the Human Rights Act 1998 (c. 42).

(2) If the judge decides the question in subsection (1) in the negative he must order the person’s discharge.

(3) If the judge decides that question in the affirmative he must order the person to be extradited to the category 1 territory in which the warrant was issued.

(4) If the judge makes an order under subsection (3) he must remand the person in custody or on bail to wait for his extradition to the category 1 territory.

(5) If the judge remands the person in custody he may later grant bail.

Matters arising before end of extradition hearing

22 Person charged with offence in United Kingdom

(1) This section applies if at any time in the extradition hearing the judge is informed that the person in respect of whom the Part 1 warrant is issued 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 11 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.

23 Person serving sentence in United Kingdom

(1) This section applies if at any time in the extradition hearing the judge is informed that the person in respect of whom the Part 1 warrant is issued 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.

24 Extradition request

(1) This section applies if at any time in the extradition hearing the judge is informed that—

(a) a certificate has been issued under section 69 in respect of a request for the person’s extradition;
(b) the request has not been disposed of;
(c) an order has been made under section 179(2) for further proceedings on the warrant to be deferred until the request has been disposed of.

(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.

25 Physical or mental condition

(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 in respect of whom the Part 1 warrant is issued 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.

Appeals

26 Appeal against extradition order

(1) If the appropriate judge 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 order is made under section 45 or 47.

(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 7 days starting with the day on which the order is made.

27 Court’s powers on appeal under section 26

(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.

28 Appeal against discharge at extradition hearing

(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 40.

(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.

29 Court’s powers on appeal under section 28

(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.

30 Detention pending conclusion of appeal under section 28

(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).

31 Appeal to High Court: time limit for start of hearing

(1) Rules of court must prescribe the 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 period to start with the date on which the person in respect of whom a Part 1 warrant is issued—

5 (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 period.

(4) 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.

(5) 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.

32 Appeal to House of Lords

(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.

33 Powers of House of Lords on appeal under section 32

(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.

34 Appeals: general

A decision of the judge under this Part may be questioned in legal proceedings only by means of an appeal under this Part.

Time for extradition

35 Extradition where no appeal

(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 45 or 47.

(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.

36 Extradition following appeal

(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).

37 Undertaking in relation to person serving sentence in United Kingdom

(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 45 or 47.

(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) If the judge makes an order for extradition subject to a condition under subsection (3)—

(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.

38 Extradition following deferral for competing claim

(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 43(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(3)(a) 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 45 or 47.

(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(3)(a) 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(3)(a) is made.

39 Position where asylum claimed

(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, 46 and 48 have effect subject to this.

(4) If the Secretary of State allows the asylum claim, the claim is finally determined when he makes his decision on the claim.

(5) If the Secretary of State rejects the asylum claim, the claim is finally determined—

(a) when the period permitted for appealing against the Secretary of State’s decision on the claim ends, if there is no such appeal;
(b) when the appeal against that decision is finally determined or is withdrawn or abandoned, if there is such an appeal.
(6) An appeal against the Secretary of State’s decision on an asylum claim is not finally determined for the purposes of subsection (5) 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.

(7) The remittal of an appeal is not a final determination for the purposes of subsection (6).

(8) The possibility of an appeal out of time with leave must be ignored for the purposes of subsections (5) and (6).

(9) If the Secretary of State rejects the asylum claim and certifies that the asylum claim is clearly unfounded, subsection (5) does not apply and the asylum claim is finally determined when it is rejected by the Secretary of State.

(10) If a certificate is issued under subsection (9) with respect to an asylum claim and the person who made the claim brings an appeal against the Secretary of State’s decision on the claim after he has been extradited, the appeal must be considered as if he had not been removed from the United Kingdom.

(11) “Asylum claim” has the meaning given by section 113 of the Nationality, Immigration and Asylum Act 2002 (c. 41).

Withdrawal of Part 1 warrant

40 Withdrawal of warrant before extradition

(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.

41 Withdrawal of warrant while appeal to High Court pending

(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.

42 Withdrawal of warrant while appeal to House of Lords pending

(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.

Competing Part 1 warrants

43 Competing Part 1 warrants

(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.

Consent to extradition

44 Consent to extradition

(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.

45 Extradition order following consent

(1) This section applies if a person consents to his extradition under section 44.

(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 47 and 50.

(8) If subsection (6) is not complied with and the person applies to the judge to be discharged the judge must order his discharge.

46 Extradition to category 1 territory following consent

(1) This section applies if the appropriate judge makes an order under section 45(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.

47 Other warrant issued following consent

(1) This section applies if—

(a) a person consents under section 44 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 45(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 45(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 50.

(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.

48 Other warrant issued: extradition to category 1 territory

(1) This section applies if the appropriate judge makes an order under section 47(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 5 withdrawn—

(a) subsection (2) does not apply, and
(b) the judge must order the person’s discharge.

49 Other warrant issued: proceedings deferred

(1) This section applies if the appropriate judge makes an order under section 47(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 45(6) must be taken to be 10 days starting with the day on which the order under section 180 is made.

50 Extradition request following consent

(1) This section applies if—

(a) a person in respect of whom a Part 1 warrant is issued consents under section 44 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 45(6) or 47(3)(a).

(2) The condition is that the judge is informed that—

(a) a certificate has been issued under section 69 in respect of a request for the person’s extradition;
(b) the request has not been disposed of;
(c) no order has been made under section 179(2).

(3) The judge must not make an order under section 45(6) or 47(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 45(6) must be taken to be 10 days starting with the day on which the order under section 180 is made.

(7) If the 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 45(6) must be taken to be 10 days starting with the day on which the judge is informed of the order.

Post-extradition matters

51 Request for consent to other offence being dealt with

(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 category 1 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 an authority of the category 1 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 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.

(5) The judge may extend the required period if he believes there are exceptional circumstances; and this subsection may apply more than once.

(6) The power in subsection (5) may be exercised even after the end of the required period.

(7) If the consent hearing does not begin before the end of the required period and the person applies to the judge and shows reasonable cause for consent to be refused, the judge must refuse consent.

(8) The judge may at any time adjourn the consent hearing.

(9) The consent hearing is the hearing at which the judge is to consider the request for consent.

52 Questions for decision at consent hearing

(1) At the consent hearing under section 51 the judge must decide whether consent is required to the person being dealt with in the category 1 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.

53 Presumed consent to other offence being dealt with

(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 category 1 territory and the United Kingdom have each given a notification under article 27.1 of the European framework decision in relation to another offence (presumed consent to other offence being dealt with).

(2) The appropriate judge is to be treated as having given consent to the person being dealt with in the category 1 territory for the other offence.

(3) But subsection (2) does not apply if the judge who orders the extradition makes a statement to that effect in the person’s case.

54 Request for consent to further extradition to category 1 territory

(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 an 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 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.

(5) The judge may extend the required period if he believes there are exceptional circumstances; and this subsection may apply more than once.

(6) The power in subsection (5) may be exercised even after the end of the required period.

(7) If the consent hearing does not begin before the end of the required period and the person applies to the judge and shows reasonable cause for consent to be refused, the judge must refuse consent.

(8) The judge may at any time adjourn the consent hearing.

(9) The consent hearing is the hearing at which the judge is to consider the request for consent.

55 Questions for decision at consent hearing

(1) At the consent hearing under section 54 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 54(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.

56 Presumed consent to further extradition to category 1 territory

(1) This section applies if—

(a) a person is extradited to a category 1 territory in accordance with this Part;
(b) the category 1 territory and the United Kingdom have each given a notification under article 28.1 of the European framework decision in relation to an offence (presumed consent to further extradition).

(2) The appropriate judge is to be treated as having given consent to the person’s extradition to another category 1 territory in respect of the offence.

(3) But subsection (2) does not apply if the judge who orders the extradition makes a statement to that effect in the person’s case.

57 Consent to further extradition to category 2 territory

(1) This section applies if—

(a) a person is extradited to a category 1 territory in accordance with this Part;
(b) the appropriate judge 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 an authority of the category 1 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 decide whether the offence is an extradition offence within the meaning given by section 136 in relation to the category 2 territory.

(5) If the judge decides the question in subsection (4) in the negative he must refuse consent.

(6) If the judge decides that question in the affirmative he must decide whether he would send the case to the Secretary of State (for his decision whether the person was to be extradited) under sections 78 to 88 if—

(a) the person were in the United Kingdom, and
(b) the judge were required to proceed under section 78 in respect of the offence for which his consent is requested.

(7) If the judge decides the question in subsection (6) in the affirmative he must send the case to the Secretary of State for him to decide whether to give consent.

(8) If the judge decides that question in the negative he must refuse consent.

(9) If the judge sends the case to the Secretary of State under subsection (7) the Secretary of State 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 91, 92 or 93.

(10) If the Secretary of State decides the question in subsection (9) in the negative he must give consent.

(11) If the Secretary of State decides that question in the affirmative he must refuse consent.

(12) If the appropriate judge is the sheriff of Lothian and Borders, the preceding provisions of this section apply as if the references to the Secretary of State were to the Scottish Ministers.

58 Return of person to serve remainder of sentence

(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.

Costs

59 Costs where extradition ordered

(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.

60 Costs where discharge ordered

(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.

61 Costs where discharge ordered: supplementary

(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 60 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 60(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 (rules relating to costs) applies in relation to section 60 as that section applies in relation to sections 2 to 5 of that Act.

Documents

62 Documents sent by facsimile

(1) Any document to be sent in connection with proceedings under this Part may be sent by facsimile transmission.

(2) If a document mentioned in subsection (1) is sent by facsimile transmission—

(a) this Act has effect as if the document so sent were the original used to make the transmission;
(b) the document so sent may be received in evidence accordingly.

Interpretation

63 Extradition offences: person not sentenced for offence

(1) This section applies in relation to conduct of a person if—

(a) he is accused in a category 1 territory of the commission of an offence constituted by the conduct, or
(b) he is alleged to be unlawfully at large after conviction by a court in a category 1 territory of an offence constituted by the conduct and he has not been sentenced for the offence.

(2) The conduct constitutes an extradition offence in relation to the category 1 territory if these conditions are satisfied—

(a) the conduct occurs in the category 1 territory;
(b) a certificate issued by an appropriate authority of the category 1 territory shows that the conduct falls within the European framework list;
(c) the certificate shows that the conduct is punishable under the law of the category 1 territory with imprisonment or another form of detention for a term of 12 months or a greater punishment.

(3) The conduct also constitutes an extradition offence in relation to the category 1 territory if these conditions are satisfied—

(a) the conduct occurs in the category 1 territory;
(b) the conduct would constitute an offence under the law of the relevant part of the United Kingdom if it occurred in that part of the United Kingdom;
(c) the conduct is punishable under the law of the category 1 territory with imprisonment or another form of detention for a term of 12 months or a greater punishment (however it is described in that law).

(4) The conduct also constitutes an extradition offence in relation to the category 1 territory if these conditions are satisfied—

(a) the conduct occurs outside the category 1 territory;
(b) the conduct is punishable under the law of the category 1 territory with imprisonment or another form of detention for a term of 12 months or a greater punishment (however it is described in that law);
(c) in corresponding circumstances equivalent conduct would constitute an extra-territorial offence under the law of the relevant part of the United Kingdom punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment.

(5) The conduct also constitutes an extradition offence in relation to the category 1 territory if these conditions are satisfied—

(a) the conduct occurs outside the category 1 territory and no part of it occurs in the United Kingdom;
(b) the conduct would constitute an offence under the law of the relevant part of the United Kingdom punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment if it occurred in that part of the United Kingdom;
(c) the conduct is so punishable under the law of the category 1 territory (however it is described in that law).

(6) The conduct also constitutes an extradition offence in relation to the category 1 territory if these conditions are satisfied—

(a) the conduct occurs outside the category 1 territory and no part of it occurs in the United Kingdom;
(b) the conduct is punishable under the law of the category 1 territory with imprisonment or another form of detention for a term of 12 months or a greater punishment (however it is described in that law);
(c) the conduct constitutes or if committed in the United Kingdom would constitute an offence mentioned in subsection (7).

(7) The offences are—

(a) an offence under section 51 or 58 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity and war crimes);
(b) an offence under section 52 or 59 of that Act (conduct ancillary to genocide etc. committed outside the jurisdiction);
(c) an ancillary offence, as defined in section 55 or 62 of that Act, in relation to an offence falling within paragraph (a) or (b);
(d) an offence under section 1 of the International Criminal Court (Scotland) Act 2001 (asp 13) (genocide, crimes against humanity and war crimes);
(e) an offence under section 2 of that Act (conduct ancillary to genocide etc. 20 committed outside the jurisdiction);
(f) an ancillary offence, as defined in section 7 of that Act, in relation to an offence falling within paragraph (d) or (e).

(8) For the purposes of subsections (3)(b), (4)(c) and (5)(b)—

(a) if the conduct relates to a tax or duty, it is immaterial that the law of the relevant part of the United Kingdom does not impose the same kind of tax or duty or does not contain rules of the same kind as those of the law of the category 1 territory;
(b) if the conduct relates to customs or exchange, it is immaterial that the law of the relevant part of the United Kingdom does not contain rules of the same kind as those of the law of the category 1 territory.

(9) This section applies for the purposes of this Part.

64 Extradition offences: person sentenced for offence

(1) This section applies in relation to conduct of a person if—

(a) he is alleged to be unlawfully at large after conviction by a court in a category 1 territory of an offence constituted by the conduct, and
(b) he has been sentenced for the offence.

(2) The conduct constitutes an extradition offence in relation to the category 1 territory if these conditions are satisfied—

(a) the conduct occurs in the category 1 territory;
(b) a certificate issued by an appropriate authority of the category 1 territory shows that the conduct falls within the European framework list;
(c) the certificate shows that a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 1 territory in respect of the conduct.

(3) The conduct also constitutes an extradition offence in relation to the category 1 territory if these conditions are satisfied—

(a) the conduct occurs in the category 1 territory;
(b) the conduct would constitute an offence under the law of the relevant part of the United Kingdom if it occurred in that part of the United Kingdom;
(c) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 1 territory in respect of the conduct.
(4) The conduct also constitutes an extradition offence in relation to the category 1 territory if these conditions are satisfied—

(a) the conduct occurs outside the category 1 territory;
(b) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 1 territory in respect of the conduct;
(c) in corresponding circumstances equivalent conduct would constitute an extra-territorial offence under the law of the relevant part of the United Kingdom punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment.

(5) The conduct also constitutes an extradition offence in relation to the category 1 territory if these conditions are satisfied—

(a) the conduct occurs outside the category 1 territory and no part of it occurs in the United Kingdom;
(b) the conduct would constitute an offence under the law of the relevant part of the United Kingdom punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment if it occurred in that part of the United Kingdom;
(c) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 1 territory in respect of the conduct.

(6) The conduct also constitutes an extradition offence in relation to the category 1 territory if these conditions are satisfied—

(a) the conduct occurs outside the category 1 territory and no part of it occurs in the United Kingdom;
(b) the conduct is punishable under the law of the category 1 territory with imprisonment or another form of detention for a term of 12 months or a greater punishment (however it is described in that law);
(c) the conduct constitutes or if committed in the United Kingdom would constitute an offence mentioned in subsection (7).

(7) The offences are—

(a) an offence under section 51 or 58 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity and war crimes);
(b) an offence under section 52 or 59 of that Act (conduct ancillary to genocide etc. committed outside the jurisdiction);
(c) an ancillary offence, as defined in section 55 or 62 of that Act, in relation to an offence falling within paragraph (a) or (b);
(d) an offence under section 1 of the International Criminal Court (Scotland) Act 2001 (asp 13) (genocide, crimes against humanity and war crimes);

(e) an offence under section 2 of that Act (conduct ancillary to genocide etc. committed outside the jurisdiction);
(f) an ancillary offence, as defined in section 7 of that Act, in relation to an offence falling within paragraph (d) or (e).

(8) For the purposes of subsections (3)(b), (4)(c) and (5)(b)—

(a) if the conduct relates to a tax or duty, it is immaterial that the law of the relevant part of the United Kingdom does not impose the same kind of tax or duty or does not contain rules of the same kind as those of the law of the category 1 territory;
(b) if the conduct relates to customs or exchange, it is immaterial that the law of the relevant part of the United Kingdom does not contain rules of the same kind as those of the law of the category 1 territory.

(9) This section applies for the purposes of this Part.

65 Extradition offences: supplementary

(1) Subsections (2) to (5) apply for the purposes of sections 63 and 64.

(2) An appropriate authority of a category 1 territory is an authority of the territory which the appropriate judge believes has the function of issuing arrest warrants in that territory.

(3) The European framework list is the list of conduct set out in article 2.2 of the European framework decision.

(4) The law of a territory is the general criminal law of the territory.

(5) The relevant part of the United Kingdom is the part of the United Kingdom in which the relevant proceedings are taking place.

(6) The relevant proceedings are the proceedings in which it is necessary to decide whether conduct constitutes an extradition offence.

66 The appropriate judge

(1) The appropriate judge is—

(a) in England and Wales, the senior district judge (chief magistrate) or another district judge (magistrates’ courts) designated by him;
(b) in Scotland, the sheriff of Lothian and Borders;
(c) in Northern Ireland, such county court judge or resident magistrate as is designated for the purposes of this Part by the Lord Chancellor.

(2) The Lord Chancellor may designate a particular district judge (magistrates’ courts) to be the appropriate judge in England and Wales instead of the judge referred to in subsection (1)(a).

(3) A designation under subsection (2) may be made for all cases or for such cases (or cases of such description) as the designation stipulates.

(4) More than one designation may be made under subsection (2).

(5) This section applies for the purposes of this Part.

67 Other interpretative provisions

(1) The extradition hearing is the hearing at which the appropriate judge is to decide whether a person in respect of whom a Part 1 warrant was issued is to be extradited to the category 1 territory in which it was issued.

(2) References to the designated authority must be read in accordance with section 2(7).

(3) This section applies for the purposes of this Part.

Part 2

Extradition to category 2 territories

68 Extradition to category 2 territories

(1) This Part deals with extradition from the United Kingdom to the territories designated for the purposes of this Part by Order in Council.

(2) In this Act references to category 2 territories are to the territories designated for the purposes of this Part.

69 Extradition request and certificate

(1) The Secretary of State must issue a certificate under this section if he receives a valid request for the extradition to a category 2 territory of a person who is in the United Kingdom.

(2) But subsection (1) does not apply if the Secretary of State decides under section 122 that the request is not to be proceeded with.

(3) A request for a person’s extradition is valid if—

(a) it contains the statement referred to in subsection (4), and
(b) it is made in the approved way.

(4) The statement is one that the person—

(a) is accused in the category 2 territory of the commission of an offence specified in the request, or
(b) is alleged to be unlawfully at large after conviction by a court in the category 2 territory of an offence specified in the request.

(5) A request for extradition to a category 2 territory which is a British overseas territory is made in the approved way if it is made by or on behalf of the person administering the territory.

(6) A request for extradition to a category 2 territory which is the Hong Kong Special Administrative Region of the People’s Republic of China is made in the approved way if it is made by or on behalf of the government of the Region.

(7) A request for extradition to any other category 2 territory is made in the approved way if it is made—

(a) by an authority of the territory which the Secretary of State believes has the function of making requests for extradition in that territory, or
(b) by a person recognised by the Secretary of State as a diplomatic or consular representative of the territory.

(8) A certificate under this section must certify that the request is made in the approved way.

(9) If a certificate is issued under this section the Secretary of State must send these documents to the appropriate judge—

(a) the request;
(b) the certificate;
(c) a copy of any relevant Order in Council.

(10) When he sends documents under subsection (9) the Secretary of State must also send—

(a) any documents sent to him with the request;
(b) any documents sent to him by a justice or sheriff in connection with the issue of a provisional warrant.

Arrest

70 Arrest warrant following extradition request

(1) This section applies if the Secretary of State sends documents to the appropriate judge under section 69.

(2) The judge may issue a warrant for the arrest of the person whose extradition is requested if it appears to the judge that—

(a) the offence in respect of which extradition is requested is an extradition offence, and
(b) there is evidence falling within subsection (3).

(3) The evidence is—

(a) evidence that would justify the issue of a warrant for the arrest of a person accused of the offence within the judge’s jurisdiction, if the person whose extradition is requested is accused of the commission of the offence;
(b) evidence that would justify the issue of a warrant for the arrest of a person unlawfully at large after conviction of the offence within the judge’s jurisdiction, if the person whose extradition is requested is alleged to be unlawfully at large after conviction of the offence.

(4) But if the category 2 territory to which extradition is requested is designated for the purposes of this section by Order in Council, subsections (2) and (3) have effect as if “evidence” read “information”.

(5) A warrant issued under this section may—

(a) be executed in any part of the United Kingdom;
(b) be executed by any person to whom it is directed or by any constable;
(c) be executed even if neither the warrant nor a copy of it is in the possession of the person executing it at the time of the arrest.

71 Person arrested under section 70

(1) This section applies if a person is arrested under a warrant issued under section 70.

(2) If neither the warrant nor a copy of it was shown to the person at the time of his arrest and he asks to be shown the warrant, the warrant or a copy of it must be shown to him as soon as practicable after his request.

(3) The person must be brought as soon as practicable before the appropriate judge.

(4) But subsection (3) does not apply if—

(a) the person is granted bail by a constable following his arrest, or
(b) the Secretary of State decides under section 122 that the request for the person’s extradition is not to be proceeded with.

(5) If subsection (2) or (3) is not complied with the warrant ceases to have effect and accordingly the person must be taken to be discharged.

(6) When the person first appears or is brought before the appropriate judge, the judge must—

(a) give him the required information about consent;
(b) remand him in custody or on bail.

(7) The required information about consent is—

(a) that the person may consent to his extradition to the category 2 territory to which his extradition is requested;
(b) an explanation of the effect of consent and the procedure that will apply if he gives consent;

(c) that consent must be given in writing and is irrevocable.

(8) If the judge remands the person in custody he may later grant bail.

(9) Subsection (4)(a) does not apply to Scotland.

72 Provisional warrant

(1) This section applies if a justice of the peace is satisfied on information in writing and on oath that a person within subsection (2)—

(a) is or is believed to be in the United Kingdom, or
(b) is or is believed to be on his way to the United Kingdom.

(2) A person is within this subsection if—

(a) he is accused in a category 2 territory of the commission of an offence, or

(b) he is alleged to be unlawfully at large after conviction of an offence by a court in a category 2 territory.

(3) The justice may issue a warrant for the arrest of the person (a provisional warrant) if it appears to him that—

(a) the offence of which the person is accused or has been convicted is an extradition offence, and
(b) there is written evidence falling within subsection (4).

(4) The evidence is—

(a) evidence that would justify the issue of a warrant for the arrest of a person accused of the offence within the justice’s jurisdiction, if the person in respect of whom the warrant is sought is accused of the commission of the offence;
(b) evidence that would justify the issue of a warrant for the arrest of a person unlawfully at large after conviction of the offence within the justice’s jurisdiction, if the person in respect of whom the warrant is sought is alleged to be unlawfully at large after conviction of the offence.

(5) But if the category 2 territory is designated for the purposes of this section by Order in Council, subsections (3) and (4) have effect as if “evidence” read “information”.

(6) A provisional warrant may—

(a) be executed in any part of the United Kingdom;
(b) be executed by any person to whom it is directed or by any constable;
(c) be executed even if neither the warrant nor a copy of it is in the possession of the person executing it at the time of the arrest.

(7) The preceding provisions of this section apply to Scotland with these modifications—

(a) in subsection (1) for “justice of the peace is satisfied on information in writing and on oath” substitute “sheriff is satisfied, on an application by a procurator fiscal,”;
(b) in subsection (3) for “justice” substitute “sheriff”;
(c) in subsection (4) for “justice’s”, in paragraphs (a) and (b), substitute “sheriff’s”.

(8) Subsection (1) applies to Northern Ireland with the substitution of “a complaint” for “information”.

73 Person arrested under provisional warrant

(1) This section applies if a person is arrested under a provisional warrant.

(2) If neither the warrant nor a copy of it was shown to the person at the time of his arrest and he asks to be shown the warrant, the warrant or a copy of it must be shown to him as soon as practicable after his request.

(3) The person must be brought as soon as practicable before the appropriate judge.

(4) But subsection (3) does not apply if—

(a) the person is granted bail by a constable following his arrest, or
(b) in a case where the Secretary of State has received a valid request for the person’s extradition, the Secretary of State decides under section 122 that the request is not to be proceeded with.

(5) If subsection (2) or (3) is not complied with the provisional warrant ceases to have effect and accordingly the person must be taken to be discharged.

(6) When the person first appears or is brought before the appropriate judge, the judge must—

(a) give him the required information about consent;
(b) remand him in custody or on bail.

(7) The required information about consent is—

(a) that the person may consent to his extradition to the category 2 territory in which he is accused of the commission of an offence or is alleged to have been convicted of an offence;
(b) an explanation of the effect of consent and the procedure that will apply if he gives consent;
(c) that consent must be given in writing and is irrevocable.

(8) If the judge remands the person in custody he may later grant bail.

(9) The judge must order the person’s discharge if the documents referred to in section 69(9) are not received by the judge within the required period.

(10) The required period is—

(a) 40 days starting with the day on which the person was arrested, or
(b) if the category 2 territory is designated by Order in Council for the purposes of this section, any longer period permitted by the Order in Council.

(11) Subsection (4)(a) does not apply to Scotland.

The extradition hearing

74 Date of extradition hearing: arrest under section 70

(1) When a person arrested under a warrant issued under section 70 first appears or is brought before the appropriate judge, the judge must fix a date on which the extradition hearing is to begin.

(2) The date fixed under subsection (1) must not be later than the end of the permitted period, which is 2 months starting with the the date on which the person first appears or is brought before the judge.

(3) If before the date fixed under subsection (1) (or this subsection) a party to the proceedings applies to the judge for a later date to be fixed and the judge believes there are exceptional circumstances, he may fix a later date; and this subsection may apply more than once.

(4) If the extradition hearing does not begin on or before the date fixed under this section the person must be taken to be discharged.

75 Date of extradition hearing: arrest under provisional warrant

(1) Subsection (2) applies if—

(a) a person is arrested under a provisional warrant, and
(b) the documents referred to in section 69(9) are received by the appropriate judge within the period required under section 73(9).

(2) The judge must fix a date on which the extradition hearing is to begin.

(3) The date fixed under subsection (2) must not be later than the end of the permitted period, which is 2 months starting with the the date on which the judge receives the documents.

(4) If before the date fixed under subsection (2) (or this subsection) a party to the proceedings applies to the judge for a later date to be fixed and the judge believes there are exceptional circumstances, he may fix a later date; and this subsection may apply more than once.

(5) If the extradition hearing does not begin on or before the date fixed under this section the person must be taken to be discharged.

76 Judge’s powers at extradition hearing

(1) In England and Wales, at the extradition hearing the appropriate judge has the same powers (as nearly as may be) as a magistrates’ court would have if the 5 proceedings were the summary trial of an information against the person whose extradition is requested.

(2) In Scotland—

(a) at the extradition hearing the appropriate judge has the same powers (as nearly as may be) as if the proceedings were summary proceedings in respect of an offence alleged to have been committed by the person whose extradition is requested; but
(b) in his making any decision under section 77(4)(a) evidence from a single source shall be sufficient.

(3) In Northern Ireland, at the extradition hearing the appropriate judge has the same powers (as nearly as may be) as a magistrates’ court would have if the proceedings were the hearing and determination of a complaint against the person whose extradition is requested.

(4) If the judge adjourns the extradition hearing he must remand the person in custody or on bail.

(5) If the judge remands the person in custody he may later grant bail.

77 Initial stages of extradition hearing

(1) This section applies if a person alleged to be the person whose extradition is requested appears or is brought before the appropriate judge for the extradition hearing.

(2) The judge must decide whether the documents sent to him under section 69 consist of (or include)—

(a) the documents referred to in section 69(9);
(b) particulars of the person whose extradition is requested;
(c) particulars of the offence specified in the request;
(d) in the case of a person accused of an offence, a warrant for his arrest issued in the category 2 territory;
(e) in the case of a person alleged to be unlawfully at large after conviction of an offence, a certificate issued in the category 2 territory of the conviction and (if he has been sentenced) of the sentence.

(3) If the judge decides the question in subsection (2) in the negative he must order the person’s discharge.

(4) If the judge decides that question in the affirmative he must decide whether—

(a) the person appearing or brought before him is the person whose extradition is requested;
(b) the offence specified in the request is an extradition offence;
(c) copies of the documents sent to the judge under section 69 have been served on the person.
(5) If the judge decides any of the questions in subsection (4) in the negative he must order the person’s discharge.

(6) If the judge decides those questions in the affirmative he must proceed under section 78.

(7) The reference in subsection (2)(d) to a warrant for a person’s arrest includes a reference to a judicial document authorising his arrest.

78 Bars to extradition

(1) If the judge is required to proceed under this section he must decide whether the person’s extradition to the category 2 territory is barred by reason of—

(a) the rule against double jeopardy;
(b) extraneous considerations;
(c) the passage of time;
(d) hostage-taking considerations.

(2) Sections 79 to 82 apply for the interpretation of subsection (1).

(3) If the judge decides any of the questions in subsection (1) in the affirmative he must order the person’s discharge.

(4) If the judge decides those questions in the negative and the person is accused of the commission of the extradition offence but is not alleged to be unlawfully at large after conviction of it, the judge must proceed under section 83.

(5) If the judge decides those questions in the negative and the person is alleged to be unlawfully at large after conviction of the extradition offence, the judge must proceed under section 84.

79 Rule against double jeopardy

A person’s extradition to a category 2 territory is barred by reason of the rule against double jeopardy if (and only if) it appears that he would be entitled to be discharged under any rule of law relating to previous acquittal or conviction if he were charged with the extradition offence in the part of the United Kingdom where the judge exercises jurisdiction.

80 Extraneous considerations

A person’s extradition to a category 2 territory is barred by reason of extraneous considerations if (and only if) it appears that—

(a) the request for his extradition (though purporting to be made on account of the extradition offence)