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Extradition Bill


Extradition Bill
Part 1 — Extradition to category 1 territories

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     (4)    If an order is made under section 182 for proceedings on the warrant to be

resumed, the period specified in section 45(6) must be taken to be 10 days

starting with the day on which the order under section 182 is made.

 50    Extradition request following consent

     (1)    This section applies if—

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           (a)           a person in respect of whom a Part 1 warrant is issued consents under

section 44 to his extradition to the category 1 territory in which the

warrant was issued, and

           (b)           the condition in subsection (2) is satisfied before the judge orders his

extradition under section 45(6) or 47(3)(a).

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     (2)    The condition is that the judge is informed that—

           (a)           a certificate has been issued under section 71 in respect of a request for

the person’s extradition;

           (b)           the request has not been disposed of.

     (3)    The judge must not make an order under section 45(6) or 47(3) until he is

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informed what order has been made under section 181(2).

     (4)    If the order under section 181(2) is for further proceedings on the warrant to be

deferred until the request has been disposed of, the judge must remand the

person in custody or on bail.

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

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     (6)    If—

           (a)           the order under section 181(2) is for further proceedings on the warrant

to be deferred until the request has been disposed of, and

           (b)           an order is made under section 182 for proceedings on the warrant to

be resumed,

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            the period specified in section 45(6) must be taken to be 10 days starting with

the day on which the order under section 182 is made.

     (7)    If the order under section 181(2) is for further proceedings on the request to be

deferred until the warrant has been disposed of, the period specified in section

45(6) must be taken to be 10 days starting with the day on which the judge is

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informed of the order.

 51    Undertaking in relation to person serving sentence

     (1)    This section applies if—

           (a)           the appropriate judge makes an order under section 45(6) or 47(3)(a) for

a person’s extradition to a category 1 territory;

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

detention in the United Kingdom.

     (2)    The judge may make the order for extradition subject to the condition that

extradition is not to take place before he receives an undertaking given on

behalf of the category 1 territory in terms specified by him.

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     (3)    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

proceedings against him for the offence and any other offence in

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

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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.

     (4)    The terms which may be specified by the judge in relation to a person alleged

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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—

           (a)           the offence, and

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           (b)           any other offence in respect of which he is permitted to be dealt with in

the category 1 territory.

     (5)    If the judge makes an order for extradition subject to a condition under

subsection (2) the required period for the purposes of sections 46(2) and 48(2)

is 10 days starting with the day on which the judge receives the undertaking.

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 52    Extradition following deferral for competing claim

     (1)    This section applies if—

           (a)           an order is made under section 45(6) or 47(3)(a) 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

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section 43(4)(b) or 181(2)(b) for the person’s extradition in pursuance of

the warrant to be deferred;

           (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.

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     (2)    The required period for the purposes of sections 46(2) and 48(2) is 10 days

starting with the day on which the order under section 183(3)(a) is made.

Post-extradition matters

 53    Request for consent to other offence being dealt with

     (1)    This section applies if—

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           (a)           a person is extradited to a category 1 territory in respect of an offence

in accordance with this Part;

           (b)           the appropriate judge receives a request for consent to the person being

dealt with in the category 1 territory for another offence;

           (c)           the request is certified under this section by the designated authority.

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     (2)    The designated authority may certify a request for consent under this section

if it believes that the authority making the request—

           (a)           is a judicial authority of the category 1 territory, and

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

subsection (1)(b) in that territory.

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     (3)    A certificate under subsection (2) must certify that the authority making the

request falls within paragraphs (a) and (b) of that subsection.

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

    27

 

     (4)    The consent hearing must begin before the end of the required period, which

is 21 days starting with the day on which the request for consent is received by

the designated authority.

     (5)    The judge may extend the required period if he believes there are exceptional

circumstances; and this subsection may apply more than once.

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     (6)    The power in subsection (5) may be exercised even after the end of the required

period.

     (7)    If the consent hearing does not begin before the end of the required period and

the person applies to the judge and shows reasonable cause for consent to be

refused, the judge must refuse consent.

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     (8)    The judge may at any time adjourn the consent hearing.

     (9)    The consent hearing is the hearing at which the judge is to consider the request

for consent.

 54    Questions for decision at consent hearing

     (1)    At the consent hearing under section 53 the judge must decide whether consent

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is required to the person being dealt with in the category 1 territory for the

offence for which consent is requested.

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

inform the authority making the request of his decision.

     (3)    If the judge decides that question in the affirmative he must decide whether the

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offence for which consent is requested is an extradition offence.

     (4)    If the judge decides the question in subsection (3) in the negative he must

refuse consent.

     (5)    If the judge decides that question in the affirmative he must decide whether he

would order the person’s extradition under sections 11 to 25 if—

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           (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 consent is requested.

     (6)    If the judge decides the question in subsection (5) in the affirmative he must

give consent.

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     (7)    If the judge decides that question in the negative he must refuse consent.

 55    Request for consent to further extradition to category 1 territory

     (1)    This section applies if—

           (a)           a person is extradited to a category 1 territory (the requesting territory)

in accordance with this Part;

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           (b)           the appropriate judge receives a request for consent to the person’s

extradition to another category 1 territory for an offence;

           (c)           the request is certified under this section by the designated authority.

     (2)    The designated authority may certify a request for consent under this section

if it believes that the authority making the request—

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           (a)           is a judicial authority of the requesting territory, and

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

    28

 

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

subsection (1)(b) in that territory.

     (3)    A certificate under subsection (2) must certify that the authority making the

request falls within paragraphs (a) and (b) of that subsection.

     (4)    The consent hearing must begin before the end of the required period, which

5

is 21 days starting with the day on which the request for consent is received by

the designated authority.

     (5)    The judge may extend the required period if he believes there are exceptional

circumstances; and this subsection may apply more than once.

     (6)    The power in subsection (5) may be exercised even after the end of the required

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period.

     (7)    If the consent hearing does not begin before the end of the required period and

the person applies to the judge and shows reasonable cause for consent to be

refused, the judge must refuse consent.

     (8)    The judge may at any time adjourn the consent hearing.

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     (9)    The consent hearing is the hearing at which the judge is to consider the request

for consent.

 56    Questions for decision at consent hearing

     (1)    At the consent hearing under section 55 the judge must decide whether consent

is required to the person’s extradition to the other category 1 territory for the

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offence.

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

inform the authority making the request of his decision.

     (3)    If the judge decides that question in the affirmative he must decide whether the

offence is an extradition offence in relation to the category 1 territory referred

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to in section 55(1)(b).

     (4)    If the judge decides the question in subsection (3) in the negative he must

refuse consent.

     (5)    If the judge decides that question in the affirmative he must decide whether he

would order the person’s extradition under sections 11 to 25 if—

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           (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 consent is requested.

     (6)    If the judge decides the question in subsection (5) in the affirmative he must

give consent.

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     (7)    If the judge decides that question in the negative he must refuse consent.

 57    Consent to further extradition to category 2 territory

     (1)    This section applies if—

           (a)           a person is extradited to a category 1 territory in accordance with this

Part;

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Extradition Bill
Part 1 — Extradition to category 1 territories

    29

 

           (b)           the appropriate judge receives a request for consent to the person’s

extradition to a category 2 territory for an offence;

           (c)           the request is certified under this section by the designated authority.

     (2)    The designated authority may certify a request for consent under this section

if it believes that the authority making the request—

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           (a)           is a judicial authority of the category 1 territory, and

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

subsection (1)(b) in that territory.

     (3)    A certificate under subsection (2) must certify that the authority making the

request falls within paragraphs (a) and (b) of that subsection.

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     (4)    The judge must decide whether the offence is an extradition offence within the

meaning given by section 139 in relation to the category 2 territory.

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

refuse consent.

     (6)    If the judge decides that question in the affirmative he must decide whether he

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would send the case to the Secretary of State (for his decision whether the

person was to be extradited) under sections 80 to 92 if—

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

           (b)           the judge were required to proceed under section 80 in respect of the

offence for which his consent is requested.

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     (7)    If the judge decides the question in subsection (6) in the affirmative he must

send the case to the Secretary of State for him to decide whether to give

consent.

     (8)    If the judge decides that question in the negative he must refuse consent.

     (9)    If the judge sends the case to the Secretary of State under subsection (7) the

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Secretary of State must decide whether, if the person were in the United

Kingdom, his extradition to the category 2 territory in respect of the offence

would be prohibited under section 95, 96 or 97.

     (10)   If the Secretary of State decides the question in subsection (9) in the negative he

must give consent.

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     (11)   If the Secretary of State decides that question in the affirmative he must refuse

consent.

     (12)   If the appropriate judge is the sheriff of Lothian and Borders, the preceding

provisions of this section apply as if the references to the Secretary of State

were to the Scottish Ministers.

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 58    Return of person to serve remainder of sentence

     (1)    This section applies if—

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

detention in the United Kingdom is extradited to a category 1 territory

in accordance with this Part;

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           (b)           the person is returned to the United Kingdom to serve the remainder of

his sentence.

     (2)    The person is liable to be detained in pursuance of his sentence.

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

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     (3)    If he is at large he must be treated as being unlawfully at large.

     (4)    Time during which the person was not in the United Kingdom as a result of his

extradition does not count as time served by him as part of his sentence.

Costs

 59    Costs where extradition ordered

5

     (1)    This section applies if any of the following occurs in relation to a person in

respect of whom a Part 1 warrant is issued—

           (a)           an order for the person’s extradition is made under this Part;

           (b)           the High Court dismisses an appeal under section 26;

           (c)           the High Court or the House of Lords dismisses an application for leave

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to appeal to the House of Lords under section 32, if the application is

made by the person;

           (d)           the House of Lords dismisses an appeal under section 32, if the appeal

is brought by the person.

     (2)    In a case falling within subsection (1)(a), the appropriate judge may make such

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order as he considers just and reasonable with regard to the costs to be paid by

the person.

     (3)    In a case falling within subsection (1)(b), (c) or (d), the court by which the

application or appeal is dismissed may make such order as it considers just and

reasonable with regard to the costs to be paid by the person.

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     (4)    An order for costs under this section—

           (a)           must specify their amount;

           (b)           may name the person to whom they are to be paid.

 60    Costs where discharge ordered

     (1)    This section applies if any of the following occurs in relation to a person in

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respect of whom a Part 1 warrant is issued—

           (a)           an order for the person’s discharge is made under this Part;

           (b)           the person is taken to be discharged under this Part;

           (c)           the High Court dismisses an appeal under section 28;

           (d)           the High Court or the House of Lords dismisses an application for leave

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to appeal to the House of Lords under section 32, if the application is

made by the authority which issued the warrant;

           (e)           the House of Lords dismisses an appeal under section 32, if the appeal

is brought by the authority which issued the warrant.

     (2)    In a case falling within subsection (1)(a), an order under subsection (5) in

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favour of the person may be made by—

           (a)           the appropriate judge, if the order for the person’s discharge is made

by him;

           (b)           the High Court, if the order for the person’s discharge is made by it;

           (c)           the House of Lords, if the order for the person’s discharge is made by it.

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     (3)    In a case falling within subsection (1)(b), the appropriate judge may make an

order under subsection (5) in favour of the person.

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

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     (4)    In a case falling within subsection (1)(c), (d) or (e), the court by which the

application or appeal is dismissed may make an order under subsection (5) in

favour of the person.

     (5)    An order under this subsection in favour of a person is an order for a payment

of the appropriate amount to be made to the person out of money provided by

5

Parliament.

     (6)    The appropriate amount is such amount as the judge or court making the order

under subsection (5) considers reasonably sufficient to compensate the person

in whose favour the order is made for any expenses properly incurred by him

in the proceedings under this Part.

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     (7)    But if the judge or court making an order under subsection (5) is of the opinion

that there are circumstances which make it inappropriate that the person in

whose favour the order is made should recover the full amount mentioned in

subsection (6), the judge or court must—

           (a)           assess what amount would in his or its opinion be just and reasonable;

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           (b)           specify that amount in the order as the appropriate amount.

     (8)    Unless subsection (7) applies, the appropriate amount—

           (a)           must be specified in the order, if the court considers it appropriate for

it to be so specified and the person in whose favour the order is made

agrees the amount;

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           (b)           must be determined in accordance with regulations made by the Lord

Chancellor for the purposes of this section, in any other case.

 61    Costs where discharge ordered: supplementary

     (1)    In England and Wales, subsections (1) and (3) of section 20 of the Prosecution

of Offences Act 1985 (c. 23) (regulations for carrying Part 2 of that Act into

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effect) apply in relation to section 60 as those subsections apply in relation to

Part 2 of that Act.

     (2)    As so applied those subsections have effect as if an order under section 60(5)

were an order under Part 2 of that Act for a payment to be made out of central

funds.

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     (3)    In Northern Ireland, section 7 of the Costs in Criminal Cases Act (Northern

Ireland) 1968 (c.10) (rules relating to costs) applies in relation to section 60 as

that section applies in relation to sections 2 to 5 of that Act.

Documents

 62    Documents sent by facsimile

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     (1)           This section applies if a document to be sent in connection with proceedings

under this Part is sent by facsimile transmission.

     (2)           This Act has effect as if the document received by facsimile transmission were

the document used to make the transmission.

     (3)    The document received by facsimile transmission may be received in evidence

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accordingly.

 

 

 
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