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Extradition Bill


Extradition Bill
Part 2 — Extradition to category 2 territories

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 125   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

been withdrawn.

     (2)    The relevant period is the period—

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           (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;

           (b)           ending when proceedings on the appeal are discontinued or the House

of Lords makes its decision on the appeal.

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     (3)    If the appeal is brought by the person whose extradition is requested the House

of Lords must—

           (a)           order the person’s discharge;

           (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

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103 or 108.

     (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.

     (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

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order.

Competing extradition requests

 126   Competing extradition requests

     (1)    This section applies if—

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

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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

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

person’s extradition.

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     (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

requests has been disposed of;

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

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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.

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

matters—

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           (a)           the relative seriousness of the offences concerned;

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

been committed);

           (c)           the date when each request was received;

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

    66

 

           (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

unlawfully at large after conviction.

Consent to extradition

 127   Consent to extradition: general

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     (1)    A person arrested under a warrant issued under section 72 may consent to his

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

     (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.

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     (3)    Consent under this section—

           (a)           must be given in writing;

           (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

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extradited must be given before the appropriate judge.

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

the Secretary of State.

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

judge unless—

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

gives consent, or

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

     (7)           This subsection applies to a person if—

           (a)           he has been informed of his right to apply for legal aid and has had the

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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;

           (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

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Services Commission as part of the Criminal Defence Service;

           (b)           in Scotland, such legal aid as is available by virtue of section 185(a) of

this Act;

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

sections 186 and 187 of this Act.

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     (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

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

appropriate judge.

 128   Consent to extradition before case sent to Secretary of State

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     (1)    This section applies if a person gives his consent under section 127 to the

appropriate judge.

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

    67

 

     (2)    If the judge has not fixed a date under section 76 or 77 on which the extradition

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

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

or continue proceeding under sections 79 to 92.

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

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the person is to be extradited.

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

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

committed before his extradition.

Post-extradition matters

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 129   Consent to other offence being dealt with

     (1)    This section applies if—

           (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

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person being dealt with in the 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 and which the Secretary of State believes has the

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

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that territory.

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

offence.

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

must refuse his consent.

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     (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 95.

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

he must refuse his consent.

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

consent.

 130   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

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Part;

           (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

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

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

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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 95.

     (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.

 131   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 65 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.

 132   Return of person to serve remainder of sentence

     (1)    This section applies if—

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

detention in the United Kingdom is extradited to a category 2 territory

in accordance with this Part;

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

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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.

     (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

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

Costs

 133   Costs where extradition ordered

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

extradition is requested under this Part—

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

           (b)           the High Court dismisses an appeal under section 103 or 108;

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

to appeal to the House of Lords under section 114, if the application is

made by the person;

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           (d)           the House of Lords dismisses an appeal under section 114, if the appeal

is brought by the person.

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

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

the person.

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     (3)    In a case falling within subsection (1)(b) by virtue of section 104(7), the judge

who decides the question that is (or all the questions that are) the subject of a

direction under section 104(1)(b) may make such order as he considers just and

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

     (4)    In any other case falling within subsection (1)(b), the High Court may make

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such order as it considers just and reasonable with regard to the costs to be paid

by the person.

     (5)    In a case falling within subsection (1)(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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     (6)    An order for costs under this section—

           (a)           must specify their amount;

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

 134   Costs where discharge ordered

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

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extradition to a category 2 territory is requested under this Part—

           (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 105 or 110;

           (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 114, if the application is

made on behalf of the category 2 territory;

 

 

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Part 2 — Extradition to category 2 territories

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           (e)           the House of Lords dismisses an appeal under section 114, if the appeal

is brought on behalf of the category 2 territory.

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

favour of the person may be made by—

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

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by him or by the Secretary of State;

           (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.

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

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

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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

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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.

 135   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 134 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 134(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 134 as

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

 

 

 
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