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Extradition Bill


Extradition Bill
Part 1 — Extradition to category 1 territories

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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.

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     (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           (b)           the charge is withdrawn;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

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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

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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

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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.

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 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;

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           (b)           the request has not been disposed of;

           (c)           an order has been made under section 181(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.

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 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

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oppressive to extradite him.

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

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     (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

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 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.

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     (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—

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           (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—

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           (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—

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           (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

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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

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     (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.

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Extradition Bill
Part 1 — Extradition to category 1 territories

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     (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

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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.

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     (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

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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

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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;

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           (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.

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 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

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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

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immediately inform the court that it intends to apply for leave to appeal

to the House of Lords;

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

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           (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

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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).

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 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—

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           (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

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           (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

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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

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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

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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

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to be considered by the House of Lords.

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

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     (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

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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—

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           (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)—

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           (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.

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     (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

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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

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     (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

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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

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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,

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

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           (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

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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

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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

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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.

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     (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

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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

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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

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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

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required period.

     (4)    The required period is—

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

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           (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

5

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.

10

 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

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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

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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—

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           (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

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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;

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           (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

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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.

 

 

 
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