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Extradition Bill


Extradition Bill
Part 2 — Extradition to category 2 territories

    63

 

     (5)    If the person is not before the court at the time the court orders his discharge,

the court must inform him of the order.

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

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been withdrawn.

     (2)    The relevant period is the period—

           (a)           starting when leave to appeal to the House of Lords is granted to the

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

the category 2 territory to which his extradition is requested;

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           (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 whose extradition is requested the House

of Lords must—

           (a)           order the person’s discharge;

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           (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

101 or 106.

     (4)    If the appeal is brought by a person acting on behalf of the category 2 territory

the House of Lords must dismiss the appeal.

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     (5)    If the person whose extradition is requested 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 extradition requests

 124   Competing extradition requests

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     (1)    This section applies if—

           (a)           the Secretary of State receives a valid request for a person’s extradition

to a category 2 territory;

           (b)           the person is in the United Kingdom;

           (c)           before the person is extradited in pursuance of the request or

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discharged, the Secretary of State receives another valid request for the

person’s extradition.

     (2)    The Secretary of State may—

           (a)           order proceedings (or further proceedings) on one of the requests to be

deferred until the other one has been disposed of, if neither of the

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requests has been disposed of;

           (b)           order the person’s extradition in pursuance of the request under

consideration to be deferred until the other request has been disposed

of, if an order for his extradition in pursuance of the request under

consideration has been made.

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     (3)    In applying subsection (2) the Secretary of State must take account of these

matters—

           (a)           the relative seriousness of the offences concerned;

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

    64

 

           (b)           the place where each offence was committed (or was alleged to have

been committed);

           (c)           the date when each request was received;

           (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

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unlawfully at large after conviction.

Consent to extradition

 125   Consent to extradition: general

     (1)    A person arrested under a warrant issued under section 70 may consent to his

extradition to the category 2 territory to which his extradition is requested.

10

     (2)    A person arrested under a provisional warrant may consent to his extradition

to the category 2 territory in which he is accused of the commission of an

offence or is alleged to have been convicted of an offence.

     (3)    Consent under this section—

           (a)           must be given in writing;

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           (b)           is irrevocable.

     (4)    Consent under this section which is given by a person before his case is sent to

the Secretary of State for the Secretary of State’s decision whether he is to be

extradited must be given before the appropriate judge.

     (5)    Consent under this section which is given in any other case must be given to

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the Secretary of State.

     (6)           A person may not give his consent under this section before the appropriate

judge unless—

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

gives consent, or

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           (b)           he is a person to whom subsection (7) applies.

     (7)           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;

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

     (8)           In subsection (7) “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)

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of this Act;

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

sections 185 and 186 of this Act.

     (9)           For the purposes of subsection (6) a person is to be treated as legally

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

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

appropriate judge.

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

    65

 

 126   Consent to extradition before case sent to Secretary of State

     (1)    This section applies if a person gives his consent under section 125 to the

appropriate judge.

     (2)    If the judge has not fixed a date under section 74 or 75 on which the extradition

hearing is to begin he is not required to do so.

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     (3)    If the extradition hearing has begun the judge is no longer required to proceed

or continue proceeding under sections 77 to 90.

     (4)    The judge must send the case to the Secretary of State for his decision whether

the person is to be extradited.

     (5)    The person must be taken to have waived any right he would have (apart from

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the consent) not to be dealt with in the category 2 territory for an offence

committed before his extradition.

Post-extradition matters

 127   Consent to other offence being dealt with

     (1)    This section applies if—

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           (a)           a person is extradited to a category 2 territory in accordance with this

Part;

           (b)           the Secretary of State receives a valid request for his consent to the

person being dealt with in the category 2 territory for an offence other

than the offence in respect of which he was extradited.

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     (2)    A request for consent is valid if it is made by an authority which is an authority

of the category 2 territory and which the Secretary of State believes has the

function of making requests for the consent referred to in subsection (1)(b) in

that territory.

     (3)    The Secretary of State must decide whether the offence is an extradition

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offence.

     (4)    If the Secretary of State decides the question in subsection (3) in the negative he

must refuse his consent.

     (5)    If the Secretary of State decides that question in the affirmative he must decide

whether, if the person were in the United Kingdom, his extradition in respect

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of the offence would be prohibited under section 93.

     (6)    If the Secretary of State decides the question in subsection (5) in the affirmative

he must refuse his consent.

     (7)    If the Secretary of State decides that question in the negative he may give his

consent.

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 128   Consent to further extradition to category 2 territory

     (1)    This section applies if—

           (a)           a person is extradited to a category 2 territory in accordance with this

Part;

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

    66

 

           (b)           the Secretary of State receives a valid request for his consent to the

person’s extradition to another category 2 territory for an offence other

than the offence in respect of which he was extradited.

     (2)    A request for consent is valid if it is made by an authority which is an authority

of the category 2 territory referred to in subsection (1)(a) and which the

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Secretary of State believes has the function of making requests for the consent

referred to in subsection (1)(b) in that territory.

     (3)    The Secretary of State must decide whether the offence is an extradition offence

in relation to the category 2 territory referred to in subsection (1)(b).

     (4)    If the Secretary of State decides the question in subsection (3) in the negative he

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must refuse his consent.

     (5)    If the Secretary of State decides that question in the affirmative he must decide

whether, if the person were in the United Kingdom, his extradition in respect

of the offence would be prohibited under section 93.

     (6)    If the Secretary of State decides the question in subsection (5) in the affirmative

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he must refuse his consent.

     (7)    If the Secretary of State decides that question in the negative he may give his

consent.

 129   Consent to further extradition to category 1 territory

     (1)    This section applies if—

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           (a)           a person is extradited to a category 2 territory in accordance with this

Part;

           (b)           the Secretary of State receives a valid request for his consent to the

person’s extradition to a category 1 territory for an offence other than

the offence in respect of which he was extradited.

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     (2)    A request for consent is valid if it is made by an authority which is an authority

of the category 2 territory and which the Secretary of State believes has the

function of making requests for the consent referred to in subsection (1)(b) in

that territory.

     (3)    The Secretary of State must decide whether the offence is an extradition offence

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within the meaning given by section 63 in relation to the category 1 territory.

     (4)    If the Secretary of State decides the question in subsection (3) in the negative he

must refuse his consent.

     (5)    If the Secretary of State decides that question in the affirmative he must decide

whether the appropriate judge would order the person’s extradition under

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sections 11 to 25 if—

           (a)           the person were in the United Kingdom, and

           (b)           the judge were required to proceed under section 11 in respect of the

offence for which the Secretary of State’s consent is requested.

     (6)    If the Secretary of State decides the question in subsection (5) in the affirmative

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he must give his consent.

     (7)    If the Secretary of State decides that question in the negative he must refuse his

consent.

 

 

 
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Revised 27 March 2003