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Extradition Bill


Extradition Bill
Part 2 — Extradition to category 2 territories

    46

 

           (b)           he must proceed under section 88.

     (8)    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”.

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

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

 86    Case where person has been convicted

     (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;

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           (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

himself from his trial, whether he would be entitled to a retrial or (on

appeal) to a review amounting to a retrial.

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     (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

           (c)           would not be entitled to a retrial or (on appeal) to a review amounting

to a retrial.

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     (3)    The judge must proceed under section 87 if he decides that the person—

           (a)           was convicted in his absence,

           (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.

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     (4)    The judge must proceed under section 88 if he decides that the person—

           (a)           was convicted in his presence, or

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

his trial.

 87    Conviction in person’s absence

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     (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.

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

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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

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

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     (3)    In deciding whether to treat a statement made by a person in a document as

admissible evidence of a fact, the judge must in particular have regard—

           (a)           to the nature and source of the document;

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

    47

 

           (b)           to whether or not, having regard to the nature and source of the

document and to any other circumstances that appear to the judge to be

relevant, it is likely that the document is authentic;

           (c)           to the extent to which the statement appears to supply evidence which

would not be readily available if the statement were not treated as

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being admissible evidence of the fact;

           (d)           to the relevance of the evidence that the statement appears to supply to

any issue likely to have to be determined by the judge in deciding the

question in subsection (1);

           (e)           to any risk that the admission or exclusion of the statement will result

10

in unfairness to the person whose extradition is sought, having regard

in particular to whether it is likely to be possible to controvert the

statement if the person making it does not attend to give oral evidence

in the proceedings.

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

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

(2).

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

the person’s discharge.

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

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section 88.

     (7)    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

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           (b)           he must proceed under section 88.

     (8)    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”.

30

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

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

 88    Human rights

     (1)    If the judge is required to proceed under this section (by virtue of section 85, 86

or 87) he must decide whether the person’s extradition would be compatible

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

(c. 42).

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

the person’s discharge.

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

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

 89    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.

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

    48

 

     (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

5

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 80 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.

 90    Person serving sentence in United Kingdom

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

15

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.

 91    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 126(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.

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

 92    Physical or mental condition

     (1)    This section applies if at any time in the extradition hearing it appears to the

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judge that the condition in subsection (2) is satisfied.

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

    49

 

     (2)    The condition is that the physical or mental condition of the person is such that

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

5

condition in subsection (2) is no longer satisfied.

 93    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—

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

           (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 127.

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

           (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.

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Secretary of State’s functions

 94    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

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person’s extradition under any of these sections—

           (a)           section 95 (death penalty);

           (b)           section 96 (speciality);

           (c)           section 97 (earlier extradition to United Kingdom from other territory).

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

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affirmative he must order the person’s discharge.

     (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,

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           (b)           he makes an order under section 126(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 206.

 

 

 
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