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Extradition Bill


Extradition Bill
Part 2 — Extradition to category 2 territories

    44

 

 83    Case where person has not been convicted

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

there is evidence which would be sufficient to make a case requiring an answer

by the person if the proceedings were the summary trial of an information

against him.

5

     (2)    In deciding the question in subsection (1) the judge may treat a statement made

by a person in a document as admissible evidence of a fact if—

           (a)           the statement is made by the person to a police officer or another person

charged with the duty of investigating offences or charging offenders,

and

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           (b)           direct oral evidence by the person of the fact would be admissible.

     (3)    A summary in a document of a statement made by a person must be treated as

a statement made by the person in the document for the purposes of subsection

(2).

     (4)    If the judge decides the question in subsection (1) in the negative he must order

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the person’s discharge.

     (5)    If the judge decides that question in the affirmative he must proceed under

section 86.

     (6)    If the judge is required to proceed under this section and the category 2

territory to which extradition is requested is designated for the purposes of this

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section by Order in Council—

           (a)           the judge must not decide under subsection (1), and

           (b)           he must proceed under section 86.

     (7)    Subsection (1) applies to Scotland with the substitution of “summary

proceedings in respect of an offence alleged to have been committed by the

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person (except that for this purpose evidence from a single source shall be

sufficient)” for “the summary trial of an information against him”.

     (8)    Subsection (1) applies to Northern Ireland with the substitution of “the hearing

and determination of a complaint” for “the summary trial of an information”.

 84    Case where person has been convicted

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

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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 the person—

           (a)           was convicted in his absence,

           (b)           did not deliberately absent himself from his trial, and

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           (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 85 if he decides that the person—

           (a)           was convicted in his absence,

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

    45

 

           (b)           did not deliberately absent himself from his trial, and

           (c)           would be entitled to a retrial or (on appeal) to a review amounting to a

retrial.

     (4)    The judge must proceed under section 86 if he decides that the person—

           (a)           was convicted in his presence, or

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           (b)           was convicted in his absence and deliberately absented himself from

his trial.

 85    Conviction in person’s absence

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

there is evidence which would be sufficient to make a case requiring an answer

10

by the person if the proceedings were the summary trial of an information

against him.

     (2)    In deciding the question in subsection (1) the judge may treat a statement made

by a person in a document as admissible evidence of a fact if—

           (a)           the statement is made by the person to a police officer or another person

15

charged with the duty of investigating offences or charging offenders,

and

           (b)           direct oral evidence by the person of the fact would be admissible.

     (3)    A summary in a document of a statement made by a person must be treated as

a statement made by the person in the document for the purposes of subsection

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(2).

     (4)    If the judge decides the question in subsection (1) in the negative he must order

the person’s discharge.

     (5)    If the judge decides that question in the affirmative he must proceed under

section 86.

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     (6)    If the judge is required to proceed under this section and the category 2

territory to which extradition is requested is designated for the purposes of this

section by Order in Council—

           (a)           the judge must not decide under subsection (1), and

           (b)           he must proceed under section 86.

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     (7)    Subsection (1) applies to Scotland with the substitution of “summary

proceedings in respect of an offence alleged to have been committed by the

person (except that for this purpose evidence from a single source shall be

sufficient)” for “the summary trial of an information against him”.

     (8)    Subsection (1) applies to Northern Ireland with the substitution of “the hearing

35

and determination of a complaint” for “the summary trial of an information”.

 86    Human rights

     (1)    If the judge is required to proceed under this section (by virtue of section 83, 84

or 85) he must decide whether the person’s extradition would be compatible

with the Convention rights within the meaning of the Human Rights Act 1998

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(c. 42).

     (2)    If the judge decides the question in subsection (1) in the negative he must order

the person’s discharge.

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

    46

 

     (3)    If the judge decides that question in the affirmative he must send the case to the

Secretary of State for his decision whether the person is to be extradited.

 87    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 is charged with an offence in the United Kingdom.

5

     (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

10

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 78 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.

 88    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 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.

 89    Competing extradition claim

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

informed that the conditions in subsection (2) or (3) are met.

     (2)    The conditions are that—

           (a)           the Secretary of State has received another valid request for the

person’s extradition to a category 2 territory;

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           (b)           the other request has not been disposed of;

           (c)           the Secretary of State has made an order under section 124(2) for further

proceedings on the request under consideration to be deferred until the

other request has been disposed of.

     (3)    The conditions are that—

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           (a)           a certificate has been issued under section 2 in respect of a Part 1

warrant issued in respect of the person;

           (b)           the warrant has not been disposed of;

           (c)           the Secretary of State has made an order under section 181(2) for further

proceedings on the request to be deferred until the warrant has been

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disposed of.

     (4)    The judge must remand the person in custody or on bail.

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

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

 90    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 is such that

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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.

10

 91    Case sent to Secretary of State

     (1)    This section applies if the appropriate judge sends a case to the Secretary of

State under this Part for his decision whether a person is to be extradited.

     (2)    The judge must inform the person in ordinary language that—

           (a)           he has a right to appeal to the High Court;

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           (b)           if he exercises the right the appeal will not be heard until the Secretary

of State has made his decision.

     (3)    But subsection (2) does not apply if the person has consented to his extradition

under section 125.

     (4)    The judge must remand the person in custody or on bail—

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           (a)           to wait for the Secretary of State’s decision, and

           (b)           to wait for his extradition to the territory to which extradition is

requested (if the Secretary of State orders him to be extradited).

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

Secretary of State’s functions

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 92    Secretary of State’s consideration of case

     (1)    This section applies if the appropriate judge sends a case to the Secretary of

State under this Part for his decision whether a person is to be extradited.

     (2)    The Secretary of State must decide whether he is prohibited from ordering the

person’s extradition under any of these sections—

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           (a)           section 93 (death penalty);

           (b)           section 94 (speciality);

           (c)           section 95 (earlier extradition to United Kingdom from other territory).

     (3)    If the Secretary of State decides any of the questions in subsection (2) in the

affirmative he must order the person’s discharge.

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     (4)    If the Secretary of State decides those questions in the negative he must order

the person to be extradited to the territory to which his extradition is requested

unless—

           (a)           he is informed that the request has been withdrawn,

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

    48

 

           (b)           he makes an order under section 124(2) or 181(2) for further

proceedings on the request to be deferred and the person is discharged

under section 182, or

           (c)           he orders the person’s discharge under section 198.

 93    Death penalty

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     (1)    The Secretary of State must not order a person’s extradition to a category 2

territory if he could be, will be or has been sentenced to death for the offence

concerned in the category 2 territory.

     (2)    Subsection (1) does not apply if the Secretary of State receives a written

assurance which he considers adequate that a sentence of death—

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           (a)           will not be imposed, or

           (b)           will not be carried out (if imposed).

     (3)    Subsection (1) does not apply if the person has consented to his extradition

under section 125.

 94    Speciality

15

     (1)    The Secretary of State must not order a person’s extradition to a category 2

territory if there are no speciality arrangements with the category 2 territory.

     (2)    But subsection (1) does not apply if the person consented to his extradition

under section 125 before his case was sent to the Secretary of State.

     (3)    There are speciality arrangements with a category 2 territory if (and only if)

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under the law of that territory or arrangements made between it and the

United Kingdom a person who is extradited to the territory from the United

Kingdom may be dealt with in the territory for an offence committed before his

extradition only if—

           (a)           the offence is one falling within subsection (4), or

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           (b)           he is first given an opportunity to leave the territory.

     (4)    The offences are—

           (a)           the offence in respect of which the person is extradited;

           (b)           an extradition offence disclosed by the same facts as that offence, other

than one in respect of which a sentence of death could be imposed;

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           (c)           an extradition offence in respect of which the Secretary of State

consents to the person being dealt with.

     (5)    Arrangements made with a category 2 territory which is a Commonwealth

country or a British overseas territory may be made for a particular case or

more generally.

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     (6)    A certificate issued by or under the authority of the Secretary of State

confirming the existence of arrangements with a category 2 territory which is

a Commonwealth country or a British overseas territory and stating the terms

of the arrangements is conclusive evidence of those matters.

 95    Earlier extradition to United Kingdom from other territory

40

The Secretary of State must not order a person’s extradition to a category 2

territory if—

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

    49

 

           (a)           the person was extradited to the United Kingdom from another

territory (the extraditing territory);

           (b)           under arrangements between the United Kingdom and the extraditing

territory, that territory’s consent is required to the person’s extradition

from the United Kingdom to the category 2 territory in respect of the

5

extradition offence under consideration;

           (c)           that consent has not been given on behalf of the extraditing territory.

 96    Deferral: person charged with offence in United Kingdom

     (1)    This section applies if—

           (a)           the appropriate judge sends a case to the Secretary of State under this

10

Part for his decision whether a person is to be extradited;

           (b)           the person is charged with an offence in the United Kingdom.

     (2)    The Secretary of State must not make a decision with regard to the person’s

extradition until one of these occurs—

           (a)           the charge is disposed of;

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           (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

20

respect of the offence charged, the Secretary of State may defer making a

decision with regard to the person’s extradition until the sentence has been

served.

 97    Deferral: person serving sentence in United Kingdom

     (1)    This section applies if—

25

           (a)           the appropriate judge sends a case to the Secretary of State under this

Part for his decision whether a person is to be extradited;

           (b)           the person is serving a sentence of imprisonment or another form of

detention in the United Kingdom.

     (2)    The Secretary of State may defer making a decision with regard to the person’s

30

extradition until the sentence has been served.

 98    Time limit for order for extradition or discharge

     (1)    This section applies if—

           (a)           the appropriate judge sends a case to the Secretary of State under this

Part for his decision whether a person is to be extradited;

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           (b)           within the required period the Secretary of State does not make an

order for the person’s extradition or discharge.

     (2)    The person must be taken to be discharged at the end of the required period.

     (3)    The required period is the period of 2 months starting with the appropriate

day.

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     (4)    If the person is charged with an offence in the United Kingdom, the

appropriate day is the day on which one of these occurs—

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

    50

 

           (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.

5

     (5)    If under section 96(3) or 97(2) the Secretary of State defers making a decision

until the person has served a sentence, the appropriate day is the day on which

the person finishes serving the sentence.

     (6)    If section 124 applies in relation to the request for the person’s extradition (the

request concerned) the appropriate day is—

10

           (a)           the day on which the Secretary of State makes an order under that

section, if the order is for proceedings on the other request to be

deferred;

           (b)           the day on which an order under section 182 is made, if the order under

section 124 is for proceedings on the request concerned to be deferred

15

and the order under section 182 is for the proceedings to be resumed.

     (7)    If section 181 applies in relation to the request for the person’s extradition, the

appropriate day is—

           (a)           the day on which the Secretary of State makes an order under that

section, if the order is for proceedings on the warrant to be deferred;

20

           (b)           the day on which an order under section 182 is made, if the order under

section 181 is for proceedings on the request to be deferred and the

order under section 182 is for the proceedings to be resumed.

     (8)    If more than one of subsections (4) to (7) applies, the appropriate day is the

latest of the days found under the subsections which apply.

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     (9)    In any other case, the appropriate day is the day on which the judge sends the

case to the Secretary of State for his decision whether the person is to be

extradited.

     (10)   If before the required period ends the Secretary of State applies to the High

Court for it to be extended the High Court may make an order accordingly; and

30

this subsection may apply more than once.

 99    Information

     (1)    If the Secretary of State orders a person’s extradition under this Part he must—

           (a)           inform the person of the order;

           (b)           inform him in ordinary language that he has a right of appeal to the

35

High Court;

           (c)           inform a person acting on behalf of the category 2 territory of the order.

     (2)    But subsection (1)(b) does not apply if the person has consented to his

extradition under section 125.

     (3)    If the Secretary of State orders a person’s extradition under this Part and he has

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received an assurance such as is mentioned in section 93(2), he must give the

person a copy of the assurance when he informs him under subsection (1) of

the order.

     (4)    If the Secretary of State orders a person’s discharge under this Part he must—

           (a)           inform him of the order;

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