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Extradition Bill


Extradition Bill
Part 1 — Extradition to category 1 territories

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     (5)    If before the person is extradited to the category 1 territory the judge is

informed by the designated authority that the Part 1 warrant has been

withdrawn—

           (a)           subsection (2) does not apply, and

           (b)           the judge must order the person’s discharge.

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 51    Other warrant issued: proceedings deferred

     (1)    This section applies if the appropriate judge makes an order under section

49(3)(b) for further proceedings on a Part 1 warrant to be deferred.

     (2)    The judge must remand the person in respect of whom the warrant was issued

in custody or on bail.

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

     (4)    If an order is made under section 181 for proceedings on the warrant to be

resumed, the period specified in section 47(6) must be taken to be 10 days

starting with the day on which the order under section 181 is made.

 52    Extradition request following consent

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     (1)    This section applies if—

           (a)           a person in respect of whom a Part 1 warrant is issued consents under

section 46 to his extradition to the category 1 territory in which the

warrant was issued, and

           (b)           the condition in subsection (2) is satisfied before the judge orders his

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extradition under section 47(6) or 49(3)(a).

     (2)    The condition is that the judge is informed that—

           (a)           a certificate has been issued under section 71 in respect of a request for

the person’s extradition;

           (b)           the request has not been disposed of.

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     (3)    The judge must not make an order under section 47(6) or 49(3) until he is

informed what order has been made under section 180(2).

     (4)    If the order under section 180(2) is for further proceedings on the warrant to be

deferred until the request has been disposed of, the judge must remand the

person in custody or on bail.

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

     (6)    If—

           (a)           the order under section 180(2) is for further proceedings on the warrant

to be deferred until the request has been disposed of, and

           (b)           an order is made under section 181 for proceedings on the warrant to

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be resumed,

            the period specified in section 47(6) must be taken to be 10 days starting with

the day on which the order under section 181 is made.

     (7)    If the order under section 180(2) is for further proceedings on the request to be

deferred until the warrant has been disposed of, the period specified in section

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47(6) must be taken to be 10 days starting with the day on which the judge is

informed of the order.

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

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 53    Undertaking in relation to person serving sentence

     (1)    This section applies if—

           (a)           the appropriate judge makes an order under section 47(6) or 49(3)(a) for

a person’s extradition to a category 1 territory;

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

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detention in the United Kingdom.

     (2)    The judge may make the order for extradition subject to the condition that

extradition is not to take place before he receives an undertaking given on

behalf of the category 1 territory in terms specified by him.

     (3)    The terms which may be specified by the judge in relation to a person accused

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in a category 1 territory of the commission of an offence include terms—

           (a)           that the person be kept in custody until the conclusion of the

proceedings against him for the offence and any other offence in

respect of which he is permitted to be dealt with in the category 1

territory;

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           (b)           that the person be returned to the United Kingdom to serve the

remainder of his sentence on the conclusion of those proceedings.

     (4)    The terms which may be specified by the judge in relation to a person alleged

to be unlawfully at large after conviction of an offence by a court in a category

1 territory include terms that the person be returned to the United Kingdom to

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serve the remainder of his sentence after serving any sentence imposed on him

in the category 1 territory for—

           (a)           the offence, and

           (b)           any other offence in respect of which he is permitted to be dealt with in

the category 1 territory.

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     (5)    If the judge makes an order for extradition subject to a condition under

subsection (2) the required period for the purposes of sections 48(2) and 50(2)

is 10 days starting with the day on which the judge receives the undertaking.

 54    Extradition following deferral for competing claim

     (1)    This section applies if—

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           (a)           an order is made under section 47(6) or 49(3)(a) for a person to be

extradited to a category 1 territory in pursuance of a Part 1 warrant;

           (b)           before the person is extradited to the territory an order is made under

section 45(4)(b) or 180(2)(b) for the person’s extradition in pursuance of

the warrant to be deferred;

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           (c)           the appropriate judge makes an order under section 182(2) for the

person’s extradition in pursuance of the warrant to cease to be

deferred.

     (2)    The required period for the purposes of sections 48(2) and 50(2) is 10 days

starting with the day on which the order under section 182(2) is made.

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Post-extradition matters

 55    Request for consent to other offence being dealt with

     (1)    This section applies if—

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

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           (a)           a person is extradited to a category 1 territory in respect of an offence

in accordance with this Part;

           (b)           the appropriate judge receives a request for consent to the person being

dealt with in the territory for another offence;

           (c)           the request is certified under this section by the designated authority.

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     (2)    The designated authority may certify a request for consent under this section

if it believes that the authority making the request—

           (a)           is a judicial authority of the territory, and

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

subsection (1)(b) in that territory.

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     (3)    A certificate under subsection (2) must certify that the authority making the

request falls within paragraphs (a) and (b) of that subsection.

     (4)    The judge must serve notice on the person that he has received the request for

consent, unless he is satisfied that it would not be practicable to do so.

     (5)    The consent hearing must begin before the end of the required period, which

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is 21 days starting with the day on which the request for consent is received by

the designated authority.

     (6)    The judge may extend the required period if he believes there are exceptional

circumstances; and this subsection may apply more than once.

     (7)    The power in subsection (6) may be exercised even after the end of the required

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period.

     (8)    If the consent hearing does not begin before the end of the required period and

the judge does not exercise the power in subsection (6) to extend the period, he

must refuse consent.

     (9)    The judge may at any time adjourn the consent hearing.

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     (10)   The consent hearing is the hearing at which the judge is to consider the request

for consent.

 56    Questions for decision at consent hearing

     (1)    At the consent hearing under section 55 the judge must decide whether consent

is required to the person being dealt with in the territory for the offence for

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which consent is requested.

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

inform the authority making the request of his decision.

     (3)    If the judge decides that question in the affirmative he must decide whether the

offence for which consent is requested is an extradition offence.

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     (4)    If the judge decides the question in subsection (3) in the negative he must

refuse consent.

     (5)    If the judge decides that question in the affirmative he must decide whether he

would order the person’s extradition under sections 11 to 26 if—

           (a)           the person were in the United Kingdom, and

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           (b)           the judge were required to proceed under section 11 in respect of the

offence for which consent is requested.

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

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     (6)    If the judge decides the question in subsection (5) in the affirmative he must

give consent.

     (7)    If the judge decides that question in the negative he must refuse consent.

     (8)           Consent is not required to the person being dealt with in the territory for the

offence if the person has been given an opportunity to leave the territory and—

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           (a)           he has not done so before the end of the permitted period, or

           (b)           if he did so before the end of the permitted period, he has returned

there.

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

arrived in the territory following his extradition there in accordance with this

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Part.

     (10)          Subject to subsection (8), the judge must decide whether consent is required to

the person being dealt with in the territory for the offence by reference to what

appears to him to be the law of the territory or arrangements made between the

territory and the United Kingdom.

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 57    Request for consent to further extradition to category 1 territory

     (1)    This section applies if—

           (a)           a person is extradited to a category 1 territory (the requesting territory)

in accordance with this Part;

           (b)           the appropriate judge receives a request for consent to the person’s

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extradition to another category 1 territory for an offence;

           (c)           the request is certified under this section by the designated authority.

     (2)    The designated authority may certify a request for consent under this section

if it believes that the authority making the request—

           (a)           is a judicial authority of the requesting territory, and

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

subsection (1)(b) in that territory.

     (3)    A certificate under subsection (2) must certify that the authority making the

request falls within paragraphs (a) and (b) of that subsection.

     (4)           The judge must serve notice on the person that he has received the request for

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consent, unless he is satisfied that it would not be practicable to do so.

     (5)    The consent hearing must begin before the end of the required period, which

is 21 days starting with the day on which the request for consent is received by

the designated authority.

     (6)    The judge may extend the required period if he believes there are exceptional

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circumstances; and this subsection may apply more than once.

     (7)    The power in subsection (6) may be exercised even after the end of the required

period.

     (8)    If the consent hearing does not begin before the end of the required period and

the judge does not exercise the power in subsection (6) to extend the period, he

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must refuse consent.

     (9)    The judge may at any time adjourn the consent hearing.

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

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     (10)   The consent hearing is the hearing at which the judge is to consider the request

for consent.

 58    Questions for decision at consent hearing

     (1)    At the consent hearing under section 57 the judge must decide whether consent

is required to the person’s extradition to the other category 1 territory for the

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offence.

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

inform the authority making the request of his decision.

     (3)    If the judge decides that question in the affirmative he must decide whether the

offence is an extradition offence in relation to the category 1 territory referred

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to in section 57(1)(b).

     (4)    If the judge decides the question in subsection (3) in the negative he must

refuse consent.

     (5)    If the judge decides that question in the affirmative he must decide whether he

would order the person’s extradition under sections 11 to 26 if—

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           (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 consent is requested.

     (6)    If the judge decides the question in subsection (5) in the affirmative he must

give consent.

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     (7)    If the judge decides that question in the negative he must refuse consent.

     (8)           Consent is not required to the person’s extradition to the other territory for the

offence if the person has been given an opportunity to leave the requesting

territory and—

           (a)           he has not done so before the end of the permitted period, or

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           (b)           if he did so before the end of the permitted period, he has returned

there.

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

arrived in the requesting territory following his extradition there in accordance

with this Part.

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     (10)          Subject to subsection (8), the judge must decide whether consent is required to

the person’s extradition to the other territory for the offence by reference to

what appears to him to be the arrangements made between the requesting

territory and the United Kingdom.

 59    Consent to further extradition to category 2 territory

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     (1)    This section applies if—

           (a)           a person is extradited to a category 1 territory (the requesting territory)

in accordance with this Part;

           (b)           the Secretary of State receives a request for consent to the person’s

extradition to a category 2 territory for an offence;

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           (c)           the request is certified under this section by the designated authority.

     (2)    The designated authority may certify a request for consent under this section

if it believes that the authority making the request—

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

    31

 

           (a)           is a judicial authority of the requesting territory, and

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

subsection (1)(b) in that territory.

     (3)    A certificate under subsection (2) must certify that the authority making the

request falls within paragraphs (a) and (b) of that subsection.

5

     (4)           The Secretary of State must serve notice on the person that he has received the

request for consent, unless he is satisfied that it would not be practicable to do

so.

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

within the meaning given by section 138 in relation to the category 2 territory.

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

must refuse consent.

     (7)           If the Secretary of State decides that question in the affirmative he must decide

whether the appropriate judge would send the case to him (for his decision

whether the person was to be extradited) under sections 80 to 92 if—

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           (a)           the person were in the United Kingdom, and

           (b)           the judge were required to proceed under section 80 in respect of the

offence for which the Secretary of State’s consent is requested.

     (8)           If the Secretary of State decides the question in subsection (7) in the negative he

must refuse his consent.

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     (9)    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 to the

category 2 territory in respect of the offence would be prohibited under section

95, 96 or 97.

     (10)   If the Secretary of State decides the question in subsection (9) in the negative he

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may give consent.

     (11)   If the Secretary of State decides that question in the affirmative he must refuse

consent.

     (12)   This section applies in relation to any function which falls under this section to

be exercised in relation to Scotland only as if the references in this section to the

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Secretary of State were to the Scottish Ministers.

 60    Return of person to serve remainder of sentence

     (1)    This section applies if—

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

detention in the United Kingdom is extradited to a category 1 territory

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in accordance with this Part;

           (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.

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     (4)    Time during which the person was not in the United Kingdom as a result of his

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

     (5)           But subsection (4) does not apply if—

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

    32

 

           (a)           the person was extradited for the purpose of being prosecuted for an

offence, and

           (b)           the person has not been convicted of the offence or of any other offence

in respect of which he was permitted to be dealt with in the category 1

territory.

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     (6)           In a case falling within subsection (5), time during which the person was not in

the United Kingdom as a result of his extradition counts as time served by him

as part of his sentence only if it was spent in custody in connection with the

offence or any other offence in respect of which he was permitted to be dealt

with in the territory.

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Costs

 61    Costs where extradition ordered

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

respect of whom a Part 1 warrant is issued—

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

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           (b)           the High Court dismisses an appeal under section 27;

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

to appeal to the House of Lords under section 33, if the application is

made by the person;

           (d)           the House of Lords dismisses an appeal under section 33, if the appeal

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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.

     (3)    In a case falling within subsection (1)(b), (c) or (d), the court by which the

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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.

     (4)    An order for costs under this section—

           (a)           must specify their amount;

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

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 62    Costs where discharge ordered

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

respect of whom a Part 1 warrant is issued—

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

           (b)           the person is taken to be discharged under this Part;

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           (c)           the High Court dismisses an appeal under section 29;

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

to appeal to the House of Lords under section 33, if the application is

made by the authority which issued the warrant;

           (e)           the House of Lords dismisses an appeal under section 33, if the appeal

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is brought by the authority which issued the warrant.

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

favour of the person may be made by—

 

 

 
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