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Extradition Bill


Extradition Bill
Part 1 — Extradition to category 1 territories

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 11    Bars to extradition

     (1)    If the judge is required to proceed under this section he must decide whether

the person’s extradition to the category 1 territory is barred by reason of—

           (a)           the rule against double jeopardy;

           (b)           extraneous considerations;

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           (c)           the passage of time;

           (d)           the person’s age;

           (e)           hostage-taking considerations;

           (f)           speciality;

           (g)           the person’s earlier extradition to the United Kingdom from another

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category 1 territory;

           (h)           the person’s earlier extradition to the United Kingdom from a non-

category 1 territory.

     (2)    Sections 12 to 19 apply for the interpretation of subsection (1).

     (3)    If the judge decides any of the questions in subsection (1) in the affirmative he

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must order the person’s discharge.

     (4)    If the judge decides those questions in the negative and the person is alleged to

be unlawfully at large after conviction of the extradition offence, the judge

must proceed under section 20.

     (5)    If the judge decides those questions in the negative and the person is accused

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of the commission of the extradition offence but is not alleged to be unlawfully

at large after conviction of it, the judge must proceed under section 21.

 12    Rule against double jeopardy

A person’s extradition to a category 1 territory is barred by reason of the rule

against double jeopardy if (and only if) it appears that he would be entitled to

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be discharged under any rule of law relating to previous acquittal or conviction

on the assumption—

           (a)           that the conduct constituting the extradition offence constituted an

offence in the part of the United Kingdom where the judge exercises

jurisdiction;

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           (b)           that the person were charged with the extradition offence in that part of

the United Kingdom.

 13    Extraneous considerations

A person’s extradition to a category 1 territory is barred by reason of

extraneous considerations if (and only if) it appears that—

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           (a)           the Part 1 warrant issued in respect of him (though purporting to be

issued on account of the extradition offence) is in fact issued for the

purpose of prosecuting or punishing him on account of his race,

religion, nationality or political opinions, or

           (b)           if extradited he might be prejudiced at his trial or punished, detained

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or restricted in his personal liberty by reason of his race, religion,

nationality or political opinions.

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

    8

 

 14    Passage of time

A person’s extradition to a category 1 territory is barred by reason of the

passage of time if (and only if) it appears that it would be unjust or oppressive

to extradite him by reason of the passage of time since he is alleged to have

committed the extradition offence or since he is alleged to have become

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unlawfully at large (as the case may be).

 15    Age

A person’s extradition to a category 1 territory is barred by reason of his age if

(and only if) it would be conclusively presumed because of his age that he

could not be guilty of the extradition offence on the assumption—

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           (a)           that the conduct constituting the extradition offence constituted an

offence in the part of the United Kingdom where the judge exercises

jurisdiction;

           (b)           that the person carried out the conduct when the extradition offence

was committed (or alleged to be committed);

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           (c)           that the person carried out the conduct in the part of the United

Kingdom where the judge exercises jurisdiction.

 16    Hostage-taking considerations

     (1)    A person’s extradition to a category 1 territory is barred by reason of hostage-

taking considerations if (and only if) the territory is a party to the Hostage-

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taking Convention and it appears that—

           (a)           if extradited he might be prejudiced at his trial because communication

between him and the appropriate authorities would not be possible,

and

           (b)           the act or omission constituting the extradition offence also constitutes

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an offence under section 1 of the Taking of Hostages Act 1982 (c. 28) or

an attempt to commit such an offence.

     (2)    The appropriate authorities are the authorities of the territory which are

entitled to exercise rights of protection in relation to him.

     (3)    A certificate issued by the Secretary of State that a territory is a party to the

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Hostage-taking Convention is conclusive evidence of that fact for the purposes

of subsection (1).

     (4)    The Hostage-taking Convention is the International Convention against the

Taking of Hostages opened for signature at New York on 18 December 1979.

 17    Speciality

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     (1)    A person’s extradition to a category 1 territory is barred by reason of speciality

if (and only if) there are no speciality arrangements with the category 1

territory.

     (2)    There are speciality arrangements with a category 1 territory if, under the law

of that territory or arrangements made between it and the United Kingdom, a

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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—

           (a)           the offence is one falling within subsection (3), or

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

    9

 

           (b)           the condition in subsection (4) is satisfied.

     (3)    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;

           (c)           an extradition offence in respect of which the appropriate judge gives

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his consent under section 54 to the person being dealt with;

           (d)           an offence which is not punishable with imprisonment or another form

of detention;

           (e)           an offence in respect of which the person will not be detained in

connection with his trial, sentence or appeal;

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           (f)           an offence in respect of which the person waives the right that he would

have (but for this paragraph) not to be dealt with for the offence.

     (4)    The condition is that the person is given an opportunity to leave the category 1

territory and—

           (a)           he does not do so before the end of the permitted period, or

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           (b)           if he does so before the end of the permitted period, he returns there.

     (5)    The permitted period is 45 days starting with the day on which the person

arrives in the category 1 territory.

     (6)    Arrangements made with a category 1 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.

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

confirming the existence of arrangements with a category 1 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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 18    Earlier extradition to United Kingdom from category 1 territory

A person’s extradition to a category 1 territory is barred by reason of his earlier

extradition to the United Kingdom from another category 1 territory if (and

only if)—

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

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category 1 territory (the extraditing territory);

           (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 1 territory in respect of the

extradition offence under consideration;

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

and the arrangements do not treat it as having been given.

 19    Earlier extradition to United Kingdom from non-category 1 territory

A person’s extradition to a category 1 territory is barred by reason of his earlier

extradition to the United Kingdom from a non-category 1 territory if (and only

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if)—

           (a)           the person was extradited to the United Kingdom from a territory that

is not a category 1 territory (the extraditing territory);

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

territory, that territory’s consent is required to the person’s being dealt

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Extradition Bill
Part 1 — Extradition to category 1 territories

    10

 

with in the United Kingdom in respect of the extradition offence under

consideration;

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

person’s extradition from the United Kingdom to the category 1

territory in respect of the extradition offence under consideration.

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 20    Case where person has been convicted

     (1)    If the judge is required to proceed under this section (by virtue of section 11)

he must decide—

           (a)           whether the person was convicted in his presence or in his absence;

           (b)           if he was convicted in his absence, whether he deliberately absented

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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.

     (2)    The judge must order the person’s discharge if he decides that he—

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           (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.

     (3)    The judge must proceed under section 21 if he decides that the person—

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           (a)           was convicted in his presence, or

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

his trial, or

           (c)           was convicted in his absence, did not deliberately absent himself from

his trial and would be entitled to a retrial or (on appeal) to a review

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amounting to a retrial.

 21    Human rights

     (1)    If the judge is required to proceed under this section (by virtue of section 11 or

20) he must decide whether the person’s extradition would be compatible with

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

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(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 order the person

to be extradited to the category 1 territory in which the warrant was issued.

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     (4)    If the judge makes an order under subsection (3) he must remand the person in

custody or on bail to wait for his extradition to the category 1 territory.

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

 

 

 
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Revised 11 September 2003