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Extradition Bill


Extradition Bill
Part 2 — Extradition to category 2 territories

    57

 

 106   Appeal against discharge at extradition hearing

     (1)    If at the extradition hearing the judge orders a person’s discharge, an appeal to

the High Court may be brought on behalf of the category 2 territory against the

relevant decision.

     (2)    But subsection (1) does not apply if the order for the person’s discharge was

5

under section 123.

     (3)    The relevant decision is the decision which resulted in the order for the

person’s discharge.

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

     (5)    Notice of an appeal under this section must be given in accordance with rules

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of court before the end of the permitted period, which is 14 days starting with

the day on which the order for the person’s discharge is made.

 107   Court’s powers on appeal under section 106

     (1)    On an appeal under section 106 the High Court may—

           (a)           allow the appeal;

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           (b)           direct the judge to decide the relevant question again;

           (c)           dismiss the appeal.

     (2)    A question is the relevant question if the judge’s decision on it resulted in the

order for the person’s discharge.

     (3)    The court may allow the appeal only if the conditions in subsection (4) or the

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conditions in subsection (5) are satisfied.

     (4)    The conditions are that—

           (a)           the judge ought to have decided the relevant question differently;

           (b)           if he had decided the question in the way he ought to have done, he

would not have been required to order the person’s discharge.

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     (5)    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 the

relevant question differently;

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           (c)           if he had decided the question in that way, he would not have been

required to order the person’s discharge.

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

           (a)           quash the order discharging the person;

           (b)           remit the case to the judge;

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           (c)           direct him to proceed as he would have been required to do if he had

decided the relevant question differently at the extradition hearing.

     (7)    If the court makes a direction under subsection (1)(b) and the judge decides the

relevant question differently he must proceed as he would have been required

to do if he had decided that question differently at the extradition hearing.

40

     (8)    If the court makes a direction under subsection (1)(b) and the judge does not

decide the relevant question differently the appeal must be taken to have been

dismissed by a decision of the High Court.

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

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 108   Detention pending conclusion of appeal under section 106

     (1)    This section applies if immediately after the judge orders the person’s

discharge the judge is informed on behalf of the category 2 territory of an

intention to appeal under section 106.

     (2)    The judge must remand the person in custody or on bail while the appeal is

5

pending.

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

     (4)    An appeal under section 106 ceases to be pending at the earliest of these

times—

           (a)           when the proceedings on the appeal are discontinued;

10

           (b)           when the High Court dismisses the appeal, if the court is not

immediately informed on behalf of the category 2 territory of an

intention to apply for leave to appeal to the House of Lords;

           (c)           at the end of the permitted period, which is 28 days starting with the

day on which leave to appeal to the House of Lords against the decision

15

of the High Court on the appeal is granted;

           (d)           when there is no further step that can be taken on behalf of the category

2 territory in relation to the appeal (ignoring any power of a court to

grant leave to take a step out of time).

     (5)    The preceding provisions of this section apply to Scotland with these

20

modifications—

           (a)           in subsection (4)(b) omit the words from “if” to the end;

           (b)           omit subsection (4)(c).

 109   Appeal against extradition order

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

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person may appeal to the High Court against the order.

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

under section 128.

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

     (4)    Notice of an appeal under this section must be given in accordance with rules

30

of court before the end of the permitted period, which is 14 days starting with

the day on which the Secretary of State informs the person of the order under

section 101(1).

 110   Court’s powers on appeal under section 109

     (1)    On an appeal under section 109 the High Court may—

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           (a)           allow the appeal;

           (b)           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.

     (3)    The conditions are that—

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           (a)           the Secretary of State ought to have decided a question before him

differently;

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

    59

 

           (b)           if he had decided the question in the way he ought to have done, he

would not have ordered the person’s extradition.

     (4)    The conditions are that—

           (a)           an issue is raised that was not raised when the case was being

considered by the Secretary of State or information is available that was

5

not available at that time;

           (b)           the issue or information would have resulted in the Secretary of State

deciding a question before him differently;

           (c)           if he had decided the question in that way, he would not have ordered

the person’s extradition.

10

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

           (a)           order the person’s discharge;

           (b)           quash the order for his extradition.

 111   Appeal against discharge by Secretary of State

     (1)    If the Secretary of State makes an order for a person’s discharge under this Part,

15

an appeal to the High Court may be brought on behalf of the category 2

territory against the relevant decision.

     (2)    But subsection (1) does not apply if the order for the person’s discharge was

under section 124.

     (3)    The relevant decision is the decision which resulted in the order for the

20

person’s discharge.

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

     (5)    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

the day on which (under section 101(4)) the Secretary of State informs a person

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acting on behalf of the category 2 territory of the order.

 112   Court’s powers on appeal under section 111

     (1)    On an appeal under section 111 the High Court may—

           (a)           allow the appeal;

           (b)           dismiss the appeal.

30

     (2)    The court may allow the appeal only if the conditions in subsection (3) or the

conditions in subsection (4) are satisfied.

     (3)    The conditions are that—

           (a)           the Secretary of State ought to have decided a question before him

differently;

35

           (b)           if he had decided the question in the way he ought to have done, he

would have ordered the person’s extradition.

     (4)    The conditions are that—

           (a)           an issue is raised that was not raised when the case was being

considered by the Secretary of State or information is available that was

40

not available at that time;

           (b)           the issue or information would have resulted in the Secretary of State

deciding a question before him differently;

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

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

person’s extradition.

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

           (a)           quash the order discharging the person;

           (b)           order the person’s extradition.

5

 113   Detention pending conclusion of appeal under section 111

     (1)    This section applies if immediately after the Secretary of State orders the

person’s discharge under this Part the Secretary of State is informed on behalf

of the category 2 territory of an intention to appeal under section 111.

     (2)    The judge must remand the person in custody or on bail while the appeal is

10

pending.

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

     (4)    An appeal under section 111 ceases to be pending at the earliest of these

times—

           (a)           when the proceedings on the appeal are discontinued;

15

           (b)           when the High Court dismisses the appeal, if the court is not

immediately informed on behalf of the category 2 territory of an

intention to apply for leave to appeal to the House of Lords;

           (c)           at the end of the permitted period, which is 28 days starting with the

day on which leave to appeal to the House of Lords against the decision

20

of the High Court on the appeal is granted;

           (d)           when there is no further step that can be taken on behalf of the category

2 territory in relation to the appeal (ignoring any power of a court to

grant leave to take a step out of time).

     (5)    The preceding provisions of this section apply to Scotland with these

25

modifications—

           (a)           in subsection (4)(b) omit the words from “if” to the end;

           (b)           omit subsection (4)(c).

 114   Appeal to High Court: time limit for start of hearing

     (1)    Rules of court must prescribe the period (the relevant period) within which the

30

High Court must begin to hear an appeal under section 104, 106, 109 or 111.

     (2)    The High Court must begin to hear the appeal before the end of the relevant

period.

     (3)           The High Court may extend the relevant period if it believes it to be in the

interests of justice to do so; and this subsection may apply more than once.

35

     (4)           The power in subsection (3) may be exercised even after the end of the relevant

period.

     (5)    If subsection (2) is not complied with and the appeal is under section 104 or

109

           (a)           the appeal must be taken to have been allowed by a decision of the

40

High Court;

           (b)           the person whose extradition has been ordered must be taken to have

been discharged by the High Court;

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

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           (c)           the order for the person’s extradition must be taken to have been

quashed by the High Court.

     (6)    If subsection (2) is not complied with and the appeal is under section 106 or 111

the appeal must be taken to have been dismissed by a decision of the High

Court.

5

 115   Appeal to House of Lords

     (1)    An appeal lies to the House of Lords from a decision of the High Court on an

appeal under section 104, 106, 109 or 111.

     (2)    An appeal under this section lies at the instance of—

           (a)           the person whose extradition is requested;

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

     (3)    An appeal under this section lies only with the leave of the High Court or the

House of Lords.

     (4)    Leave to appeal under this section must not be granted unless—

           (a)           the High Court has certified that there is a point of law of general public

15

importance involved in the decision, and

           (b)           it appears to the court granting leave that the point is one which ought

to be considered by the House of Lords.

     (5)    An application to the High Court for leave to appeal under this section must be

made before the end of the permitted period, which is 14 days starting with the

20

day on which the court makes its decision on the appeal to it.

     (6)    An application to the House of Lords for leave to appeal under this section

must be made before the end of the permitted period, which is 14 days starting

with the day on which the High Court refuses leave to appeal.

     (7)    If leave to appeal under this section is granted, the appeal must be brought

25

before the end of the permitted period, which is 28 days starting with the day

on which leave is granted.

     (8)    If subsection (7) is not complied with—

           (a)           the appeal must be taken to have been brought;

           (b)           the appeal must be taken to have been dismissed by the House of Lords

30

immediately after the end of the period permitted under that

subsection.

     (9)    These must be ignored for the purposes of subsection (8)(b)—

           (a)           any power of a court to extend the period permitted for bringing the

appeal;

35

           (b)           any power of a court to grant leave to take a step out of time.

     (10)   The High Court may grant bail to a person appealing under this section or

applying for leave to appeal under this section.

     (11)   Section 5 of the Appellate Jurisdiction Act 1876 (c. 59) (composition of House

of Lords for hearing and determination of appeals) applies in relation to an

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appeal under this section or an application for leave to appeal under this

section as it applies in relation to an appeal under that Act.

     (12)   An order of the House of Lords which provides for an application for leave to

appeal under this section to be determined by a committee constituted in

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

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accordance with section 5 of the Appellate Jurisdiction Act 1876 may direct that

the decision of the committee is taken on behalf of the House.

     (13)   The preceding provisions of this section do not apply to Scotland.

 116   Powers of House of Lords on appeal under section 115

     (1)    On an appeal under section 115 the House of Lords may—

5

           (a)           allow the appeal;

           (b)           dismiss the appeal.

     (2)    Subsection (3) applies if—

           (a)           the person whose extradition is requested brings an appeal under

section 115, and

10

           (b)           the House of Lords allows the appeal.

     (3)    The House of Lords must—

           (a)           order the person’s discharge;

           (b)           quash the order for his extradition, if the appeal was against a decision

of the High Court to dismiss an appeal under section 104 or 109 or to

15

allow an appeal under section 111.

     (4)    Subsection (5) applies if—

           (a)           the High Court allows an appeal under section 104 or 109 by the person

whose extradition is requested or dismisses an appeal under section

111 by a person acting on behalf of the category 2 territory,

20

           (b)           a person acting on behalf of the category 2 territory brings an appeal

under section 115 against the decision of the High Court, and

           (c)           the House of Lords allows the appeal.

     (5)    The House of Lords must—

           (a)           quash the order discharging the person made by the High Court under

25

section 105(5) or 110(5) or by the Secretary of State under this Part;

           (b)           order the person to be extradited to the category 2 territory.

     (6)    Subsection (7) applies if—

           (a)           the High Court dismisses an appeal under section 106 against a

decision made by the judge at the extradition hearing,

30

           (b)           a person acting on behalf of the category 2 territory brings an appeal

under section 115 against the decision of the High Court, and

           (c)           the House of Lords allows the appeal.

     (7)    The House of Lords must—

           (a)           quash the order of the judge discharging the person whose extradition

35

is requested;

           (b)           remit the case to the judge;

           (c)           direct him to proceed as he would have been required to do if he had

decided the relevant question differently at the extradition hearing.

     (8)    A question is the relevant question if the judge’s decision on it resulted in the

40

order for the person’s discharge.

 

 

 
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