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Extradition Bill


Extradition Bill
Part 2 — Extradition to category 2 territories

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 81    Rule against double jeopardy

A person’s extradition to a category 2 territory is barred by reason of the rule

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

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

if he were charged with the extradition offence in the part of the United

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Kingdom where the judge exercises his jurisdiction.

 82    Extraneous considerations

A person’s extradition to a category 2 territory is barred by reason of

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

           (a)           the request for his extradition (though purporting to be made on

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account of the extradition offence) is in fact made for the purpose of

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

nationality, gender, sexual orientation or political opinions, or

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

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

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nationality, gender, sexual orientation or political opinions.

 83    Passage of time

A person’s extradition to a category 2 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

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

unlawfully at large (as the case may be).

 84    Hostage-taking considerations

     (1)    A person’s extradition to a category 2 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.

 85    Case where person has not been convicted

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

there is evidence which would be sufficient to make a case requiring an answer

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

    47

 

by the person if the proceedings were the summary trial of an information

against him.

     (2)    In deciding the question in subsection (1) the judge may treat a statement made

by a person in a document as admissible evidence of a fact if—

           (a)           the statement is made by the person to a police officer or another person

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charged with the duty of investigating offences or charging offenders,

and

           (b)           direct oral evidence by the person of the fact would be admissible.

     (3)    In deciding whether to treat a statement made by a person in a document as

admissible evidence of a fact, the judge must in particular have regard—

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           (a)           to the nature and source of the document;

           (b)           to whether or not, having regard to the nature and source of the

document and to any other circumstances that appear to the judge to be

relevant, it is likely that the document is authentic;

           (c)           to the extent to which the statement appears to supply evidence which

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would not be readily available if the statement were not treated as

being admissible evidence of the fact;

           (d)           to the relevance of the evidence that the statement appears to supply to

any issue likely to have to be determined by the judge in deciding the

question in subsection (1);

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           (e)           to any risk that the admission or exclusion of the statement will result

in unfairness to the person whose extradition is sought, having regard

in particular to whether it is likely to be possible to controvert the

statement if the person making it does not attend to give oral evidence

in the proceedings.

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     (4)    A summary in a document of a statement made by a person must be treated as

a statement made by the person in the document for the purposes of subsection

(2).

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

the person’s discharge.

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     (6)    If the judge decides that question in the affirmative he must proceed under

section 88.

     (7)    If the judge is required to proceed under this section and the category 2

territory to which extradition is requested is designated for the purposes of this

section by order made by the Secretary of State—

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           (a)           the judge must not decide under subsection (1), and

           (b)           he must proceed under section 88.

     (8)    Subsection (1) applies to Scotland with the substitution of “summary

proceedings in respect of an offence alleged to have been committed by the

person (except that for this purpose evidence from a single source shall be

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sufficient)” for “the summary trial of an information against him”.

     (9)    Subsection (1) applies to Northern Ireland with the substitution of “the hearing

and determination of a complaint” for “the summary trial of an information”.

 86    Case where person has been convicted

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

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the person was convicted in his presence.

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

    48

 

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

proceed under section 88.

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

person deliberately absented himself from his trial.

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

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proceed under section 88.

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

person would be entitled to a retrial or (on appeal) to a review amounting to a

retrial.

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

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proceed under section 87.

     (7)           If the judge decides that question in the negative he must order the person’s

discharge.

     (8)    For the purposes of subsection (5), the judge should not regard as a retrial or

(on appeal) a review amounting to a retrial, any proceedings that do not in

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particular include provision for—

           (a)           the suspect to be present at the retrial;

           (b)           the suspect to have like rights to hear and examine witnesses as he

would have done at the original trial;

           (c)           the suspect to have the same right to publicly funded legal services as

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any suspect or defendant.

 87    Conviction in person’s absence

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

there is evidence which would be sufficient to make a case requiring an answer

by the person if the proceedings were the summary trial of an information

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against him.

     (2)    In deciding the question in subsection (1) the judge may treat a statement made

by a person in a document as admissible evidence of a fact if—

           (a)           the statement is made by the person to a police officer or another person

charged with the duty of investigating offences or charging offenders,

30

and

           (b)           direct oral evidence by the person of the fact would be admissible.

     (3)    In deciding whether to treat a statement made by a person in a document as

admissible evidence of a fact, the judge must in particular have regard—

           (a)           to the nature and source of the document;

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           (b)           to whether or not, having regard to the nature and source of the

document and to any other circumstances that appear to the judge to be

relevant, it is likely that the document is authentic;

           (c)           to the extent to which the statement appears to supply evidence which

would not be readily available if the statement were not treated as

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being admissible evidence of the fact;

           (d)           to the relevance of the evidence that the statement appears to supply to

any issue likely to have to be determined by the judge in deciding the

question in subsection (1);

           (e)           to any risk that the admission or exclusion of the statement will result

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in unfairness to the person whose extradition is sought, having regard

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

    49

 

in particular to whether it is likely to be possible to controvert the

statement if the person making it does not attend to give oral evidence

in the proceedings.

     (4)    A summary in a document of a statement made by a person must be treated as

a statement made by the person in the document for the purposes of subsection

5

(2).

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

the person’s discharge.

     (6)    If the judge decides that question in the affirmative he must proceed under

section 88.

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     (7)    If the judge is required to proceed under this section and the category 2

territory to which extradition is requested is designated for the purposes of this

section by order made by the Secretary of State—

           (a)           the judge must not decide under subsection (1), and

           (b)           he must proceed under section 88.

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     (8)    Subsection (1) applies to Scotland with the substitution of “summary

proceedings in respect of an offence alleged to have been committed by the

person (except that for this purpose evidence from a single source shall be

sufficient)” for “the summary trial of an information against him”.

     (9)    Subsection (1) applies to Northern Ireland with the substitution of “the hearing

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and determination of a complaint” for “the summary trial of an information”.

 88    Human rights

     (1)    If the judge is required to proceed under this section (by virtue of section 85, 86

or 87) 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 send the case to the

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

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 89    Person charged with offence in United Kingdom

     (1)    This section applies if at any time in the extradition hearing the judge is

informed that the person is charged with an offence in the United Kingdom.

     (2)    The judge must adjourn the extradition hearing until one of these occurs—

           (a)           the charge is disposed of;

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           (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

Scotland, the diet is deserted pro loco et tempore.

     (3)    If a sentence of imprisonment or another form of detention is imposed in

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respect of the offence charged, the judge may adjourn the extradition hearing

until the sentence has been served.

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

    50

 

     (4)    If before he adjourns the extradition hearing under subsection (2) the judge has

decided under section 80 whether the person’s extradition is barred by reason

of the rule against double jeopardy, the judge must decide that question again

after the resumption of the hearing.

 90    Person serving sentence in United Kingdom

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     (1)    This section applies if at any time in the extradition hearing the judge is

informed that the person is serving a sentence of imprisonment or another

form of detention in the United Kingdom.

     (2)    The judge may adjourn the extradition hearing until the sentence has been

served.

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 91    Competing extradition claim

     (1)    This section applies if at any time in the extradition hearing the judge is

informed that the conditions in subsection (2) or (3) are met.

     (2)    The conditions are that—

           (a)           the Secretary of State has received another valid request for the

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person’s extradition to a category 2 territory;

           (b)           the other request has not been disposed of;

           (c)           the Secretary of State has made an order under section 127(2) for further

proceedings on the request under consideration to be deferred until the

other request has been disposed of.

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     (3)    The conditions are that—

           (a)           a certificate has been issued under section 2 in respect of a Part 1

warrant issued in respect of the person;

           (b)           the warrant has not been disposed of;

           (c)           the Secretary of State has made an order under section 180(2) for further

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proceedings on the request to be deferred until the warrant has been

disposed of.

     (4)    The judge must remand the person in custody or on bail.

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

 92    Physical or mental condition

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     (1)    This section applies if at any time in the extradition hearing it appears to the

judge that the condition in subsection (2) is satisfied.

     (2)    The condition is that the physical or mental condition of the person is such that

it would be unjust or oppressive to extradite him.

     (3)    The judge must—

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           (a)           order the person’s discharge, or

           (b)           adjourn the extradition hearing until it appears to him that the

condition in subsection (2) is no longer satisfied.

 

 

 
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