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Extradition Bill


Extradition Bill
Part 2 — Extradition to category 2 territories

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 95    Death penalty

     (1)    The Secretary of State must not order a person’s extradition to a category 2

territory if he could be, will be or has been sentenced to death for the offence

concerned in the category 2 territory.

     (2)    Subsection (1) does not apply if the Secretary of State receives a written

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assurance which he considers adequate that a sentence of death—

           (a)           will not be imposed, or

           (b)           will not be carried out (if imposed).

     (3)    Subsection (1) does not apply if the person has consented to his extradition

under section 127.

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 96    Speciality

     (1)    The Secretary of State must not order a person’s extradition to a category 2

territory if there are no speciality arrangements with the category 2 territory.

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

under section 127 before his case was sent to the Secretary of State.

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     (3)    There are speciality arrangements with a category 2 territory if (and only if)

under the law of that territory or arrangements made between it and the

United Kingdom a person who is extradited to the territory from the United

Kingdom may be dealt with in the territory for an offence committed before his

extradition only if—

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           (a)           the offence is one falling within subsection (4), or

           (b)           he is first given an opportunity to leave the territory.

     (4)    The offences are—

           (a)           the offence in respect of which the person is extradited;

           (b)           an extradition offence disclosed by the same facts as that offence, other

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than one in respect of which a sentence of death could be imposed;

           (c)           an extradition offence in respect of which the Secretary of State

consents to the person being dealt with.

     (5)    Arrangements made with a category 2 territory which is a Commonwealth

country or a British overseas territory may be made for a particular case or

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more generally.

     (6)    A certificate issued by or under the authority of the Secretary of State

confirming the existence of arrangements with a category 2 territory which is

a Commonwealth country or a British overseas territory and stating the terms

of the arrangements is conclusive evidence of those matters.

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 97    Earlier extradition to United Kingdom from other territory

The Secretary of State must not order a person’s extradition to a category 2

territory if—

           (a)           the person was extradited to the United Kingdom from another

territory (the extraditing territory);

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           (b)           under arrangements between the United Kingdom and the extraditing

territory, that territory’s consent is required to the person’s extradition

from the United Kingdom to the category 2 territory in respect of the

extradition offence under consideration;

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

    51

 

           (c)           that consent has not been given on behalf of the extraditing territory.

 98    Deferral: person charged with offence in United Kingdom

     (1)    This section applies if—

           (a)           the appropriate judge sends a case to the Secretary of State under this

Part for his decision whether a person is to be extradited;

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           (b)           the person is charged with an offence in the United Kingdom.

     (2)    The Secretary of State must not make a decision with regard to the person’s

extradition until one of these occurs—

           (a)           the charge is disposed of;

           (b)           the charge is withdrawn;

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           (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

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 Secretary of State may defer making a

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decision with regard to the person’s extradition until the sentence has been

served.

 99    Deferral: person serving sentence in United Kingdom

     (1)    This section applies if—

           (a)           the appropriate judge sends a case to the Secretary of State under this

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Part for his decision whether a person is to be extradited;

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

detention in the United Kingdom.

     (2)    The Secretary of State may defer making a decision with regard to the person’s

extradition until the sentence has been served.

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 100   Time limit for order for extradition or discharge

     (1)    This section applies if—

           (a)           the appropriate judge sends a case to the Secretary of State under this

Part for his decision whether a person is to be extradited;

           (b)           within the required period the Secretary of State does not make an

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order for the person’s extradition or discharge.

     (2)    The person must be taken to be discharged at the end of the required period.

     (3)    The required period is the period of 2 months starting with the appropriate

day.

     (4)    If the person is charged with an offence in the United Kingdom, the

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appropriate day is the day on which 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

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Scotland, the diet is deserted pro loco et tempore.

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

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     (5)    If under section 98(3) or 99(2) the Secretary of State defers making a decision

until the person has served a sentence, the appropriate day is the day on which

the person finishes serving the sentence.

     (6)    If section 126 applies in relation to the request for the person’s extradition (the

request concerned) the appropriate day is—

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           (a)           the day on which the Secretary of State makes an order under that

section, if the order is for proceedings on the other request to be

deferred;

           (b)           the day on which an order under section 182 is made, if the order under

section 126 is for proceedings on the request concerned to be deferred

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and the order under section 182 is for the proceedings to be resumed.

     (7)    If section 181 applies in relation to the request for the person’s extradition, the

appropriate day is—

           (a)           the day on which the Secretary of State makes an order under that

section, if the order is for proceedings on the warrant to be deferred;

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           (b)           the day on which an order under section 182 is made, if the order under

section 181 is for proceedings on the request to be deferred and the

order under section 182 is for the proceedings to be resumed.

     (8)    If more than one of subsections (4) to (7) applies, the appropriate day is the

latest of the days found under the subsections which apply.

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     (9)    In any other case, the appropriate day is the day on which the judge sends the

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

extradited.

     (10)   If before the required period ends the Secretary of State applies to the High

Court for it to be extended the High Court may make an order accordingly; and

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this subsection may apply more than once.

 101   Information

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

           (a)           inform the person of the order;

           (b)           inform him in ordinary language that he has a right of appeal to the

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High Court;

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

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

extradition under section 127.

     (3)    If the Secretary of State orders a person’s extradition under this Part and he has

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received an assurance such as is mentioned in section 95(2), he must give the

person a copy of the assurance when he informs him under subsection (1) of

the order.

     (4)    If the Secretary of State orders a person’s discharge under this Part he must—

           (a)           inform him of the order;

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

 102   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—

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

    53

 

           (a)           the Secretary of State;

           (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

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under the hand of one of these—

           (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—

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           (a)           an order under section 94 for a person’s extradition;

           (b)           an order under section 94 or 123 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

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Diplomatic Service.

     (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 (4)

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

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subsection.

Appeals

 103   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

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against the relevant decision.

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

under section 127 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.

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

     (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

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proceeded with.

     (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

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the day on which the Secretary of State informs the person under section 101(1)

that he has ordered his extradition.

 

 

 
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