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Extradition Bill


Extradition Bill
Part 2 — Extradition to category 2 territories

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 93    Case sent to Secretary of State

     (1)    This section applies if the appropriate judge sends a case to the Secretary of

State under this Part for his decision whether a person is to be extradited.

     (2)    The judge must inform the person in ordinary language that—

           (a)           he has a right to appeal to the High Court;

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           (b)           if he exercises the right the appeal will not be heard until the Secretary

of State has made his decision.

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

under section 128.

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

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           (a)           to wait for the Secretary of State’s decision, and

           (b)           to wait for his extradition to the territory to which extradition is

requested (if the Secretary of State orders him to be extradited).

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

Secretary of State’s functions

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 94    Secretary of State’s consideration of case

     (1)    This section applies if the appropriate judge sends a case to the Secretary of

State under this Part for his decision whether a person is to be extradited.

     (2)    The Secretary of State must decide whether he is prohibited from ordering the

person’s extradition under any of these sections—

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           (a)           section 95 (death penalty);

           (b)           section 96 (speciality);

           (c)           section 97 (earlier extradition to United Kingdom from other territory).

     (3)    If the Secretary of State decides any of the questions in subsection (2) in the

affirmative he must order the person’s discharge.

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     (4)    If the Secretary of State decides those questions in the negative he must order

the person to be extradited to the territory to which his extradition is requested

unless—

           (a)           he is informed that the request has been withdrawn,

           (b)           he makes an order under section 127(2) or 180(2) for further

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proceedings on the request to be deferred and the person is discharged

under section 181, or

           (c)           he orders the person’s discharge under section 209.

     (5)           In deciding the questions in subsection (2), the Secretary of State is not required

to consider any representations received by him after the end of the permitted

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period.

     (6)           The permitted period is the period of 6 weeks starting with the appropriate

day.

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

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 95    Death penalty

     (1)    The Secretary of State must not order a person’s extradition to a category 2

territory if he could be, will be or has been sentenced to death for the offence

concerned in the category 2 territory.

     (2)    Subsection (1) does not apply if the Secretary of State receives a written

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assurance which he considers adequate that a sentence of death—

           (a)           will not be imposed, or

           (b)           will not be carried out (if imposed).

 96    Speciality

     (1)    The Secretary of State must not order a person’s extradition to a category 2

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territory if there are no speciality arrangements with the category 2 territory.

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

under section 128 before his case was sent to the Secretary of State.

     (3)    There are speciality arrangements with a category 2 territory if (and only if)

under the law of that territory or arrangements made between it and the

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United Kingdom a 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 (4), or

           (b)           he is first given an opportunity to leave the territory.

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     (4)    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, other

than one in respect of which a sentence of death could be imposed;

           (c)           an extradition offence in respect of which the Secretary of State

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consents to the person being dealt with;

           (d)                         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.

     (5)    Arrangements made with a category 2 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.

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

confirming the existence of arrangements with a category 2 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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 97    Earlier extradition to United Kingdom from other territory

The Secretary of State must not order a person’s extradition to a category 2

territory if—

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

territory (the extraditing territory);

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           (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 2 territory in respect of the

extradition offence under consideration;

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

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

 98    Deferral: person charged with offence in United Kingdom

     (1)    This section applies if—

           (a)           the appropriate judge sends a case to the Secretary of State under this

Part for his decision whether a person is to be extradited;

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           (b)           the person is charged with an offence in the United Kingdom.

     (2)    The Secretary of State must not make a decision with regard to the person’s

extradition until one of these occurs—

           (a)           the charge is disposed of;

           (b)           the charge is withdrawn;

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           (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

respect of the offence charged, the Secretary of State may defer making a

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decision with regard to the person’s extradition until the sentence has been

served.

 99    Deferral: person serving sentence in United Kingdom

     (1)    This section applies if—

           (a)           the appropriate judge sends a case to the Secretary of State under this

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Part for his decision whether a person is to be extradited;

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

detention in the United Kingdom.

     (2)    The Secretary of State may defer making a decision with regard to the person’s

extradition until the sentence has been served.

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 100   Time limit for order for extradition or discharge

     (1)    This section applies if—

           (a)           the appropriate judge sends a case to the Secretary of State under this

Part for his decision whether a person is to be extradited;

           (b)           within the required period the Secretary of State does not make an

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order for the person’s extradition or discharge.

     (2)           If the person applies to the High Court to be discharged, the court must order

his discharge.

     (3)    The required period is the period of 2 months starting with the appropriate

day.

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     (4)    If before the required period ends the Secretary of State applies to the High

Court for it to be extended the High Court may make an order accordingly; and

this subsection may apply more than once.

 101   Information

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

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           (a)           inform the person of the order;

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

    54

 

           (b)           inform him in ordinary language that he has a right of appeal to the

High Court;

           (c)           inform a person acting on behalf of the category 2 territory of the order.

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

extradition under section 128.

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     (3)    If the Secretary of State orders a person’s extradition under this Part and he has

received an assurance such as is mentioned in section 95(2), he must give the

person a copy of the assurance when he informs him under subsection (1) of

the order.

     (4)    If the Secretary of State orders a person’s discharge under this Part he must—

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           (a)           inform him of the order;

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

 102   Making of order for extradition or discharge

     (1)    An order to which this section applies must be made under the hand of one of

these—

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           (a)           the Secretary of State;

           (b)           a Minister of State;

           (c)           a Parliamentary Under-Secretary of State;

           (d)           a senior official.

     (2)    But, in relation to Scotland, an order to which this section applies must be made

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under the hand of one of these—

           (a)           a member of the Scottish Executive or a junior Scottish Minister;

           (b)           a senior official who is a member of the staff of the Scottish

Administration.

     (3)    This section applies to—

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           (a)           an order under section 94 for a person’s extradition;

           (b)           an order under section 94 or 124 for a person’s discharge.

     (4)    A senior official is—

           (a)           a member of the Senior Civil Service;

           (b)           a member of the Senior Management Structure of Her Majesty’s

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Diplomatic Service.

     (5)    If it appears to the Secretary of State that it is necessary to do so in consequence

of any changes to the structure or grading of the home civil service or

diplomatic service, he may by order make such amendments to subsection (4)

as appear to him appropriate to preserve (so far as practicable) the effect of that

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subsection.

 103   The appropriate day

     (1)    This section applies for the purposes of sections 94 and 100 if the appropriate

judge sends a case to the Secretary of State under this Part for his decision

whether a person is to be extradited.

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     (2)    If the person is charged with an offence in the United Kingdom, the

appropriate day is the day on which one of these occurs—

           (a)           the charge is disposed of;

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

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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 under section 98(3) or 99(2) the Secretary of State defers making a decision

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until the person has served a sentence, the appropriate day is the day on which

the person finishes serving the sentence.

     (4)    If section 127 applies in relation to the request for the person’s extradition (the

request concerned) the appropriate day is—

           (a)           the day on which the Secretary of State makes an order under that

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section, if the order is for proceedings on the other request to be

deferred;

           (b)           the day on which an order under section 181 is made, if the order under

section 127 is for proceedings on the request concerned to be deferred

and the order under section 181 is for the proceedings to be resumed.

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     (5)    If section 180 applies in relation to the request for the person’s extradition, the

appropriate day is—

           (a)           the day on which the Secretary of State makes an order under that

section, if the order is for proceedings on the warrant to be deferred;

           (b)           the day on which an order under section 181 is made, if the order under

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section 180 is for proceedings on the request to be deferred and the

order under section 181 is for the proceedings to be resumed.

     (6)    If more than one of subsections (2) to (5) applies, the appropriate day is the

latest of the days found under the subsections which apply.

     (7)    In any other case, the appropriate day is the day on which the judge sends the

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

extradited.

Appeals

 104   Appeal where case sent to Secretary of State

     (1)    If the judge sends a case to the Secretary of State under this Part for his decision

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whether a person is to be extradited, the person may appeal to the High Court

against the relevant decision.

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

under section 128 before his case was sent to the Secretary of State.

     (3)    The relevant decision is the decision that resulted in the case being sent to the

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Secretary of State.

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

     (5)    If an appeal is brought under this section before the Secretary of State has

decided whether the person is to be extradited the appeal must not be heard

until after the Secretary of State has made his decision.

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     (6)    If the Secretary of State orders the person’s discharge the appeal must not be

proceeded with.

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

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     (7)    No appeal may be brought under this section if the Secretary of State has

ordered the person’s discharge.

     (8)           If notice of an appeal under section 111 against the decision which resulted in

the order for the person’s discharge is given in accordance with subsection (5)

of that section—

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           (a)           subsections (6) and (7) do not apply;

           (b)           no appeal may be brought under this section if the High Court has

made its decision on the appeal.

     (9)    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 Secretary of State informs the person under section 101(1)

or (4) of the order he has made in respect of the person.

 105   Court’s powers on appeal under section 104

     (1)    On an appeal under section 104 the High Court may—

           (a)           allow the appeal;

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

decided at the extradition hearing;

           (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.

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     (3)    The conditions are that—

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

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.

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     (4)    The conditions are that—

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

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;

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

required to order the person’s discharge.

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

           (a)           order the person’s discharge;

           (b)           quash the order for his extradition.

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     (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.

     (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

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of the High Court.

 

 

 
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