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Extradition Bill


Extradition Bill
Part 2 — Extradition to category 2 territories

    54

 

 104   Court’s powers on appeal under section 103

     (1)    On an appeal under section 103 the High Court may—

           (a)           allow the appeal;

           (b)           direct the judge to decide again a question (or questions) which he

decided at the extradition hearing;

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           (c)           dismiss the appeal.

     (2)    The court may allow the appeal only if the conditions in subsection (3) or the

conditions in subsection (4) are satisfied.

     (3)    The conditions are that—

           (a)           the judge ought to have decided a question before him at the

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extradition hearing differently;

           (b)           if he had decided the question in the way he ought to have done, he

would have been required to order the person’s discharge.

     (4)    The conditions are that—

           (a)           an issue is raised that was not raised at the extradition hearing or

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evidence is available that was not available at the extradition hearing;

           (b)           the issue or evidence would have resulted in the judge deciding a

question before him at the extradition hearing differently;

           (c)           if he had decided the question in that way, he would have been

required to order the person’s discharge.

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     (5)    If the court allows the appeal it must—

           (a)           order the person’s discharge;

           (b)           quash the order for his extradition.

     (6)    If the judge comes to a different decision on any question that is the subject of

a direction under subsection (1)(b) he must order the person’s discharge.

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     (7)    If the judge comes to the same decision as he did at the extradition hearing on

the question that is (or all the questions that are) the subject of a direction under

subsection (1)(b) the appeal must be taken to have been dismissed by a decision

of the High Court.

 105   Appeal against discharge at extradition hearing

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     (1)    If at the extradition hearing the judge orders a person’s discharge, an appeal to

the High Court may be brought on behalf of the category 2 territory against the

relevant decision.

     (2)    But subsection (1) does not apply if the order for the person’s discharge was

under section 122.

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     (3)    The relevant decision is the decision which resulted in the order for the

person’s discharge.

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

     (5)    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 order for the person’s discharge is made.

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

    55

 

 106   Court’s powers on appeal under section 105

     (1)    On an appeal under section 105 the High Court may—

           (a)           allow the appeal;

           (b)           direct the judge to decide the relevant question again;

           (c)           dismiss the appeal.

5

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

order for the person’s discharge.

     (3)    The court may allow the appeal only if the conditions in subsection (4) or the

conditions in subsection (5) are satisfied.

     (4)    The conditions are that—

10

           (a)           the judge ought to have decided the relevant question differently;

           (b)           if he had decided the question in the way he ought to have done, he

would not have been required to order the person’s discharge.

     (5)    The conditions are that—

           (a)           an issue is raised that was not raised at the extradition hearing or

15

evidence is available that was not available at the extradition hearing;

           (b)           the issue or evidence would have resulted in the judge deciding the

relevant question differently;

           (c)           if he had decided the question in that way, he would not have been

required to order the person’s discharge.

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     (6)    If the court allows the appeal it must—

           (a)           quash the order discharging the person;

           (b)           remit the case to the judge;

           (c)           direct him to proceed as he would have been required to do if he had

decided the relevant question differently at the extradition hearing.

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     (7)    If the court makes a direction under subsection (1)(b) and the judge decides the

relevant question differently he must proceed as he would have been required

to do if he had decided that question differently at the extradition hearing.

     (8)    If the court makes a direction under subsection (1)(b) and the judge does not

decide the relevant question differently the appeal must be taken to have been

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dismissed by a decision of the High Court.

 107   Detention pending conclusion of appeal under section 105

     (1)    This section applies if immediately after the judge orders the person’s

discharge the judge is informed on behalf of the category 2 territory of an

intention to appeal under section 105.

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     (2)    The judge must remand the person in custody or on bail while the appeal is

pending.

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

     (4)    An appeal under section 105 ceases to be pending at the earliest of these

times—

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

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

    56

 

           (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

10

modifications—

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

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

 108   Appeal against extradition order

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

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person may appeal to the High Court against the order.

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

under section 127.

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

     (4)    Notice of an appeal under this section must be given in accordance with rules

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of court before the end of the permitted period, which is 14 days starting with

the day on which the Secretary of State informs the person of the order under

section 101(1).

 109   Court’s powers on appeal under section 108

     (1)    On an appeal under section 108 the High Court may—

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           (a)           allow the appeal;

           (b)           dismiss the appeal.

     (2)    The court may allow the appeal only if the conditions in subsection (3) or the

conditions in subsection (4) are satisfied.

     (3)    The conditions are that—

30

           (a)           the Secretary of State ought to have decided a question before him

differently;

           (b)           if he had decided the question in the way he ought to have done, he

would not have ordered the person’s extradition.

     (4)    The conditions are that—

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           (a)           an issue is raised that was not raised when the case was being

considered by the Secretary of State or information is available that was

not available at that time;

           (b)           the issue or information would have resulted in the Secretary of State

deciding a question before him differently;

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           (c)           if he had decided the question in that way, he would not have ordered

the person’s extradition.

     (5)    If the court allows the appeal it must—

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

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           (a)           order the person’s discharge;

           (b)           quash the order for his extradition.

 110   Appeal against discharge by Secretary of State

     (1)    If the Secretary of State makes an order for a person’s discharge under this Part,

an appeal to the High Court may be brought on behalf of the category 2

5

territory against the relevant decision.

     (2)    But subsection (1) does not apply if the order for the person’s discharge was

under section 123.

     (3)    The relevant decision is the decision which resulted in the order for the

person’s discharge.

10

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

     (5)    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

the day on which (under section 101(4)) the Secretary of State informs a person

acting on behalf of the category 2 territory of the order.

15

 111   Court’s powers on appeal under section 110

     (1)    On an appeal under section 110 the High Court may—

           (a)           allow the appeal;

           (b)           dismiss the appeal.

     (2)    The court may allow the appeal only if the conditions in subsection (3) or the

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conditions in subsection (4) are satisfied.

     (3)    The conditions are that—

           (a)           the Secretary of State ought to have decided a question before him

differently;

           (b)           if he had decided the question in the way he ought to have done, he

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would have ordered the person’s extradition.

     (4)    The conditions are that—

           (a)           an issue is raised that was not raised when the case was being

considered by the Secretary of State or information is available that was

not available at that time;

30

           (b)           the issue or information would have resulted in the Secretary of State

deciding a question before him differently;

           (c)           if he had decided the question in that way, he would have ordered the

person’s extradition.

     (5)    If the court allows the appeal it must—

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           (a)           quash the order discharging the person;

           (b)           order the person’s extradition.

 112   Detention pending conclusion of appeal under section 110

     (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

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of the category 2 territory of an intention to appeal under section 110.

 

 

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Part 2 — Extradition to category 2 territories

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     (2)    The judge must remand the person in custody or on bail while the appeal is

pending.

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

     (4)    An appeal under section 110 ceases to be pending at the earliest of these

times—

5

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

           (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

10

day on which leave to appeal to the House of Lords against the decision

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).

15

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

modifications—

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

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

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

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

begin to hear an appeal under section 103, 105, 108 or 110.

     (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 103 or

108

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

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

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quashed by the High Court.

     (4)    If subsection (2) is not complied with and the appeal is under section 105 or 110

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

Court.

 114   Appeal to House of Lords

35

     (1)    An appeal lies to the House of Lords from a decision of the High Court on an

appeal under section 103, 105, 108 or 110.

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

           (a)           the person whose extradition is requested;

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

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     (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—

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

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           (a)           the High Court has certified that there is a point of law of general public

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

5

made before the end of the permitted period, which is 14 days starting with the

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.

10

     (7)    If leave to appeal under this section is granted, the appeal must be brought

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;

15

           (b)           the appeal must be taken to have been dismissed by the House of Lords

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

20

appeal;

           (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

25

of Lords for hearing and determination of appeals) applies in relation to an

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

30

accordance with section 5 of the Appellate Jurisdiction Act 1876 may direct that

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

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

 115   Powers of House of Lords on appeal under section 114

     (1)    On an appeal under section 114 the House of Lords may—

35

           (a)           allow the appeal;

           (b)           dismiss the appeal.

     (2)    Subsection (3) applies if—

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

section 114, and

40

           (b)           the House of Lords allows the appeal.

     (3)    The House of Lords must—

           (a)           order the person’s discharge;

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

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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 103 or 108 or to

allow an appeal under section 110.

     (4)    Subsection (5) applies if—

           (a)           the High Court allows an appeal under section 103 or 108 by the person

5

whose extradition is requested or dismisses an appeal under section

110 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 114 against the decision of the High Court, and

           (c)           the House of Lords allows the appeal.

10

     (5)    The House of Lords must—

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

section 104(5) or 109(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—

15

           (a)           the High Court dismisses an appeal under section 105 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 114 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

25

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.

 116   Appeals: general

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

30

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

Time for extradition

 117   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 103 or 108 is given before the end

of the permitted period, which is 14 days starting with 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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     (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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