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Extradition Bill


Extradition Bill
Part 2 — Extradition to category 2 territories

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 110   Detention pending conclusion of appeal under section 108

     (1)    This section applies if immediately after the Secretary of State orders the

person’s discharge under this Part the Secretary of State is informed on behalf

of the category 2 territory of an intention to appeal under section 108.

     (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 108 ceases to be pending at the earliest of these

times—

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

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

immediately informed on behalf of the category 2 territory of an

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

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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

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

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modifications—

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

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

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

     (1)    Rules of court must prescribe the period within which the High Court must

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begin to hear an appeal under section 101, 103, 106 or 108.

     (2)    The High Court must begin to hear the appeal before the end of the period.

     (3)    If subsection (2) is not complied with and the appeal is under section 101 or

106

           (a)           the appeal must be taken to have been allowed by a decision of the

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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.

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     (4)    If subsection (2) is not complied with and the appeal is under section 103 or 108

the appeal must be taken to have been dismissed by a decision of the High

Court.

 112   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 101, 103, 106 or 108.

     (2)    An appeal under this section lies at the instance of—

           (a)           the person whose extradition is requested;

 

 

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

     (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

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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

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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

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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

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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;

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           (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

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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

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the decision of the committee is taken on behalf of the House.

     (13)   The preceding provisions of this section do not apply to Scotland.

 113   Powers of House of Lords on appeal under section 112

     (1)    On an appeal under section 112 the House of Lords may—

           (a)           allow the appeal;

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           (b)           dismiss the appeal.

     (2)    Subsection (3) applies if—

 

 

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Part 2 — Extradition to category 2 territories

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           (a)           the person whose extradition is requested brings an appeal under

section 112, and

           (b)           the House of Lords allows the appeal.

     (3)    The House of Lords must—

           (a)           order the person’s discharge;

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           (b)           quash the order for his extradition, if the appeal was against a decision

of the High Court to dismiss an appeal under section 101 or 106 or to

allow an appeal under section 108.

     (4)    Subsection (5) applies if—

           (a)           the High Court allows an appeal under section 101 or 106 by the person

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whose extradition is requested or dismisses an appeal under section

108 by a person acting on behalf of the category 2 territory,

           (b)           a person acting on behalf of the category 2 territory brings an appeal

under section 112 against the decision of the High Court, and

           (c)           the House of Lords allows the appeal.

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     (5)    The House of Lords must—

           (a)           quash the order discharging the person made by the High Court under

section 102(5) or 107(5) or by the Secretary of State under this Part;

           (b)           order the person to be extradited to the category 2 territory.

     (6)    Subsection (7) applies if—

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           (a)           the High Court dismisses an appeal under section 103 against a

decision made by the judge at the extradition hearing,

           (b)           a person acting on behalf of the category 2 territory brings an appeal

under section 112 against the decision of the High Court, and

           (c)           the House of Lords allows the appeal.

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     (7)    The House of Lords must—

           (a)           quash the order of the judge discharging the person whose extradition

is requested;

           (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.

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

order for the person’s discharge.

 114   Appeals: general

A decision under this Part of the judge or the Secretary of State may be

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questioned in legal proceedings only by means of an appeal under this Part.

Time for extradition

 115   Extradition where no appeal

     (1)    This section applies if—

           (a)           the Secretary of State orders a person’s extradition to a category 2

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territory under this Part, and

           (b)           no notice of an appeal under section 101 or 106 is given before the end

of the permitted period, which is 14 days starting with the day on

 

 

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Part 2 — Extradition to category 2 territories

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

he has ordered his extradition.

     (2)    The person must be extradited to the category 2 territory before the end of the

required period, which is 28 days starting with the day on which the Secretary

of State makes the order.

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     (3)    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.

     (4)    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

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appeal;

           (b)           any power of a court to grant leave to take a step out of time.

 116   Extradition following appeal

     (1)    This section applies if—

           (a)           there is an appeal to the High Court under section 101, 106 or 108

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against a decision or order relating to a person’s extradition to a

category 2 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 2 territory before the end of the

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required period, which is 28 days starting with—

           (a)           the day on which the decision of the relevant court on the appeal

becomes final, or

           (b)           the day on which proceedings on the appeal are discontinued.

     (3)    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.

     (4)    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.

     (5)    These must be ignored for the purposes of subsection (4)—

           (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.

     (6)    The decision of the House of Lords on the appeal becomes final when it is

made.

 

 

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     (7)    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.

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

modifications—

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           (a)           in subsections (1) and (2) for “relevant court” substitute “High Court”;

           (b)           omit subsections (3) to (6).

 117   Undertaking in relation to person serving sentence in United Kingdom

     (1)    This section applies if—

           (a)           the Secretary of State orders a person’s extradition to a category 2

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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)    The Secretary of State may make the order for extradition subject to the

condition that extradition is not to take place before he receives an undertaking

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given on behalf of the category 2 territory in terms specified by him.

     (3)    The terms which may be specified by the Secretary of State in relation to a

person accused in a category 2 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 2

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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     (4)    The terms which may be specified by the Secretary of State in relation to a

person alleged to be unlawfully at large after conviction of an offence by a

court in a category 2 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 2 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 2 territory.

     (5)     If the Secretary of State makes an order for extradition subject to a condition

under subsection (2)—

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           (a)           in a case where section 115 applies, the required period for the purposes

of section 115(2) is 28 days starting with the day on which the Secretary

of State receives the undertaking;

           (b)           in a case where section 116 applies, the required period for the purposes

of section 116(2) is 28 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 Secretary of State

receives the undertaking.

 118   Extradition following deferral for competing claim

     (1)    This section applies if—

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Part 2 — Extradition to category 2 territories

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           (a)           an order is made under this Part for a person to be extradited to a

category 2 territory in pursuance of a request for his extradition;

           (b)           before the person is extradited to the territory an order is made under

section 124(2) or 181(2) for the person’s extradition in pursuance of the

request 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 request to cease to be deferred.

     (2)    In a case where section 115 applies, the required period for the purposes of

section 115(2) is 28 days starting with the day on which the order under section

183(3)(a) is made.

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     (3)    In a case where section 116 applies, the required period for the purposes of

section 116(2) is 28 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 183(3)(a) is made.

 119   Position where asylum claimed

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     (1)    This section applies if—

           (a)           a person whose extradition is requested 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 request.

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     (2)    The relevant period is the period—

           (a)           starting when a certificate is issued under section 69 in respect of the

request;

           (b)           ending when the person is extradited in pursuance of the request.

     (3)    The person must not be extradited in pursuance of the request before the

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asylum claim is finally determined; and sections 115 and 116 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

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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.

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     (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

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           (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).

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Part 2 — Extradition to category 2 territories

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     (9)    “Asylum claim” has the meaning given by section 113 of the Nationality,

Immigration and Asylum Act 2002 (c. 41).

Withdrawal of extradition request

 120   Withdrawal of request before end of extradition hearing

     (1)    This section applies if at any time in the relevant period the appropriate judge

5

is informed by the Secretary of State that a request for a person’s extradition

has been withdrawn.

     (2)    The relevant period is the period—

           (a)           starting when the person first appears or is brought before the

appropriate judge following his arrest under this Part;

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           (b)           ending when the judge orders the person’s discharge or sends the case

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

extradited.

     (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.

 121   Withdrawal of request after case sent to Secretary of State

     (1)    This section applies if at any time in the relevant period the Secretary of State

is informed that a request for a person’s extradition has been withdrawn.

     (2)    The relevant period is the period—

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           (a)           starting when the judge sends the case to the Secretary of State for his

decision whether the person is to be extradited;

           (b)           ending when the person is extradited in pursuance of the request or

discharged.

     (3)    The Secretary of State must order the person’s discharge.

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 122   Withdrawal of request 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 Secretary of State that a request for a person’s extradition has

been withdrawn.

     (2)    The relevant period is the period—

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           (a)           starting when notice of an appeal to the court is given by the person

whose extradition is requested or by a person acting on behalf of the

category 2 territory to which his extradition is requested;

           (b)           ending when proceedings on the appeal are discontinued or the court

makes its decision on the appeal.

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     (3)    If the appeal is under section 101 or 106, the court must—

           (a)           order the person’s discharge;

           (b)           quash the order for his extradition, if the Secretary of State has ordered

his extradition.

     (4)    If the appeal is under section 103 or 108, the court must dismiss the appeal.

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