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Extradition Bill


Extradition Bill
Part 2 — Extradition to category 2 territories

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

 100   Making of order for extradition or discharge

     (1)    An order to which this section applies must be made under the hand of one of

these—

           (a)           the Secretary of State;

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           (b)           a Minister of State;

           (c)           a Parliamentary Under-Secretary of State;

           (d)           a senior official.

     (2)    But, in relation to Scotland, an order to which this section applies must be made

under the hand of one of these—

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           (a)           a member of the Scottish Executive or a junior Scottish Minister;

           (b)           a senior official who is a member of the staff of the Scottish

Administration.

     (3)    This section applies to—

           (a)           an order under section 92 for a person’s extradition;

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           (b)           an order under section 92 or 121 for a person’s discharge.

     (4)    A senior official is—

           (a)           a member of the Senior Civil Service;

           (b)           a member of the Senior Management Structure of Her Majesty’s

Diplomatic Service.

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     (5)    If it appears to the Secretary of State that it is necessary to do so in consequence

of any changes to the structure or grading of the home civil service or

diplomatic service, he may by order make such amendments to subsection (3)

as appear to him appropriate to preserve (so far as practicable) the effect of that

subsection.

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Appeals

 101   Appeal where case sent to Secretary of State

     (1)    If the judge sends a case to the Secretary of State under this Part for his decision

whether a person is to be extradited, the person may appeal to the High Court

against the relevant decision.

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     (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)    The relevant decision is the decision that resulted in the case being sent to the

Secretary of State.

     (4)    An appeal under this section may be brought on a question of law or fact.

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     (5)    If an appeal is brought under this section before the Secretary of State has

decided whether the person is to be extradited the appeal must not be heard

until after the Secretary of State has made his decision.

     (6)    If the Secretary of State orders the person’s discharge the appeal must not be

proceeded with.

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Extradition Bill
Part 2 — Extradition to category 2 territories

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     (7)    No appeal may be brought under this section if the Secretary of State has

ordered the person’s discharge.

     (8)    Notice of an appeal under this section must be given in accordance with rules

of court before the end of the permitted period, which is 14 days starting with

the day on which the Secretary of State informs the person under section 99(1)

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that he has ordered his extradition.

 102   Court’s powers on appeal under section 101

     (1)    On an appeal under section 101 the High Court may—

           (a)           allow the appeal;

           (b)           direct the judge to decide again a question (or questions) which he

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decided at the extradition hearing;

           (c)           dismiss the appeal.

     (2)    The court may allow the appeal only if the conditions in subsection (3) or the

conditions in subsection (4) are satisfied.

     (3)    The conditions are that—

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           (a)           the judge ought to have decided a question before him at the

extradition hearing differently;

           (b)           if he had decided the question in the way he ought to have done, he

would have been required to order the person’s discharge.

     (4)    The conditions are that—

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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 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.

     (6)    If the judge comes to a different decision on any question that is the subject of

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a direction under subsection (1)(b) he must order the person’s discharge.

     (7)    If the judge comes to the same decision as he did at the extradition hearing on

the question that is (or all the questions that are) the subject of a direction under

subsection (1)(b) the appeal must be taken to have been dismissed by a decision

of the High Court.

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 103   Appeal against discharge at extradition hearing

     (1)    If at the extradition hearing the judge orders a person’s discharge, an appeal to

the High Court may be brought on behalf of the category 2 territory against the

relevant decision.

     (2)    But subsection (1) does not apply if the order for the person’s discharge was

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under section 120.

     (3)    The relevant decision is the decision which resulted in the order for the

person’s discharge.

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

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     (4)    An appeal under this section may be brought on a question of law or fact.

     (5)    Notice of an appeal under this section must be given in accordance with rules

of court before the end of the permitted period, which is 14 days starting with

the day on which the order for the person’s discharge is made.

 104   Court’s powers on appeal under section 103

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     (1)    On an appeal under section 103 the High Court may—

           (a)           allow the appeal;

           (b)           direct the judge to decide the relevant question again;

           (c)           dismiss the appeal.

     (2)    A question is the relevant question if the judge’s decision on it resulted in the

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order for the person’s discharge.

     (3)    The court may allow the appeal only if the conditions in subsection (4) or the

conditions in subsection (5) are satisfied.

     (4)    The conditions are that—

           (a)           the judge ought to have decided the relevant question differently;

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           (b)           if he had decided the question in the way he ought to have done, he

would not have been required to order the person’s discharge.

     (5)    The conditions are that—

           (a)           an issue is raised that was not raised at the extradition hearing or

evidence is available that was not available at the extradition hearing;

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           (b)           the issue or evidence would have resulted in the judge deciding the

relevant question differently;

           (c)           if he had decided the question in that way, he would not have been

required to order the person’s discharge.

     (6)    If the court allows the appeal it must—

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           (a)           quash the order discharging the person;

           (b)           remit the case to the judge;

           (c)           direct him to proceed as he would have been required to do if he had

decided the relevant question differently at the extradition hearing.

     (7)    If the court makes a direction under subsection (1)(b) and the judge decides the

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relevant question differently he must proceed as he would have been required

to do if he had decided that question differently at the extradition hearing.

     (8)    If the court makes a direction under subsection (1)(b) and the judge does not

decide the relevant question differently the appeal must be taken to have been

dismissed by a decision of the High Court.

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 105   Detention pending conclusion of appeal under section 103

     (1)    This section applies if immediately after the judge orders the person’s

discharge the judge is informed on behalf of the category 2 territory of an

intention to appeal under section 103.

     (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.

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

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     (4)    An appeal under section 103 ceases to be pending at the earliest of these

times—

           (a)           when the proceedings on the appeal are discontinued;

           (b)           when the High Court dismisses the appeal, if the court is not

immediately informed on behalf of the category 2 territory of an

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intention to apply for leave to appeal to the House of Lords;

           (c)           at the end of the permitted period, which is 28 days starting with the

day on which leave to appeal to the House of Lords against the decision

of the High Court on the appeal is granted;

           (d)           when there is no further step that can be taken on behalf of the category

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2 territory in relation to the appeal (ignoring any power of a court to

grant leave to take a step out of time).

     (5)    The preceding provisions of this section apply to Scotland with these

modifications—

           (a)           in subsection (4)(b) omit the words from “if” to the end;

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           (b)           omit subsection (4)(c).

 106   Appeal against extradition order

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

person may appeal to the High Court against the order.

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

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under section 125.

     (3)    An appeal under this section may be brought on a question of law or fact.

     (4)    Notice of an appeal under this section must be given in accordance with rules

of court before the end of the permitted period, which is 14 days starting with

the day on which the Secretary of State informs the person of the order under

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section 99(1).

 107   Court’s powers on appeal under section 106

     (1)    On an appeal under section 106 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 Secretary of State ought to have decided a question before him

differently;

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           (b)           if he had decided the question in the way he ought to have done, he

would not have ordered the person’s extradition.

     (4)    The conditions are that—

           (a)           an issue is raised that was not raised when the case was being

considered by the Secretary of State or information is available that was

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not available at that time;

           (b)           the issue or information would have resulted in the Secretary of State

deciding a question before him differently;

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

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           (c)           if he had decided the question in that way, he would not have ordered

the person’s extradition.

     (5)    If the court allows the appeal it must—

           (a)           order the person’s discharge;

           (b)           quash the order for his extradition.

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 108   Appeal against discharge by Secretary of State

     (1)    If the Secretary of State makes an order for a person’s discharge under this Part,

an appeal to the High Court may be brought on behalf of the category 2

territory against the relevant decision.

     (2)    But subsection (1) does not apply if the order for the person’s discharge was

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under section 121.

     (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

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of court before the end of the permitted period, which is 14 days starting with

the day on which (under section 99(4)) the Secretary of State informs a person

acting on behalf of the category 2 territory of the order.

 109   Court’s powers on appeal under section 108

     (1)    On an appeal under section 108 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 Secretary of State ought to have decided a question before him

differently;

           (b)           if he had decided the question in the way he ought to have done, he

would have ordered the person’s extradition.

     (4)    The conditions are that—

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           (a)           an issue is raised that was not raised when the case was being

considered by the Secretary of State or information is available that was

not available at that time;

           (b)           the issue or information would have resulted in the Secretary of State

deciding a question before him differently;

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           (c)           if he had decided the question in that way, he would have ordered the

person’s extradition.

     (5)    If the court allows the appeal it must—

           (a)           quash the order discharging the person;

           (b)           order the person’s extradition.

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