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Extradition Bill


Extradition Bill
Part 1 — Extradition to category 1 territories

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     (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—

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           (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

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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

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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

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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.

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     (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—

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           (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)—

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           (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

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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—

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Extradition Bill
Part 1 — Extradition to category 1 territories

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           (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 181(2)(b) for the person’s extradition in pursuance of

the warrant to be deferred;

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           (c)           the appropriate judge makes an order under section 183(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.

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     (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

183(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

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relevant court on the appeal becomes final (within the meaning of that section)

or (if later) the day on which the order under section 183(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

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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

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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.

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     (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

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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

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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.

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

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     (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

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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

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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

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     (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

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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,

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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.

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     (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.

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     (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,

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the court must inform him of the order.

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

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 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—

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           (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

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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.

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     (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

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 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—

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           (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—

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           (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.

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     (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

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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.

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

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     (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

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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;

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           (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

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     (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

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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;

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           (c)           is irrevocable.

     (5)    A person may not give his consent under this section unless—

           (a)           he is legally represented before the appropriate judge at the time he

gives consent, or

           (b)           he is a person to whom subsection (6) applies.

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     (6)           This section applies to a person if—

           (a)           he has been informed of his right to apply for legal aid and has had the

opportunity to apply for legal aid, but he has refused or failed to apply;

           (b)           he has applied for legal aid but his application has been refused;

           (c)           he was granted legal aid but the legal aid was withdrawn.

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     (7)    In subsection (6) “legal aid” means—

           (a)           in England and Wales, a right to representation funded by the Legal

Services Commission as part of the Criminal Defence Service;

           (b)           in Scotland, such legal aid as is available by virtue of section 184(1)(a)

of this Act;

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           (c)           in Northern Ireland, such free legal aid as is available by virtue of

sections 185 and 186 of this Act.

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

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     (8)           For the purposes of subsection (5) a person is to be treated as legally

represented before the appropriate judge if (and only if) he has the assistance

of counsel or a solicitor to represent him in the proceedings before the

appropriate judge.

 45    Extradition order following consent

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     (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.

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     (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.

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     (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.

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     (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

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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

30

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

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     (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).

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Extradition Bill
Part 1 — Extradition to category 1 territories

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     (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;

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           (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.

10

     (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

15

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.

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 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.

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     (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

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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—

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           (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.

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     (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.

 

 

 
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