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Extradition Bill


Extradition Bill
Part 2 — Extradition to category 2 territories

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 117   Appeals: general

A decision under this Part of the judge or the Secretary of State may be

questioned in legal proceedings only by means of an appeal under this Part.

Time for extradition

 118   Extradition where no appeal

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     (1)    This section applies if—

           (a)           the Secretary of State orders a person’s extradition to a category 2

territory under this Part, and

           (b)           no notice of an appeal under section 104 or 109 is given before the end

of the permitted period, which is 14 days starting with the day on

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

that he has ordered his extradition.

     (2)    The person must be extradited to the category 2 territory before the end of the

required period, which is 28 days starting with the day on which the Secretary

of State makes the order.

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     (3)    If subsection (2) is not complied with and the person applies to the appropriate

judge to be discharged the judge must order his discharge, unless reasonable

cause is shown for the delay.

     (4)    These must be ignored for the purposes of subsection (1)(b)—

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

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appeal;

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

 119   Extradition following appeal

     (1)    This section applies if—

           (a)           there is an appeal to the High Court under section 104, 109 or 111

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against a decision or order relating to a person’s extradition to a

category 2 territory, and

           (b)           the effect of the decision of the relevant court on the appeal is that the

person is to be extradited there.

     (2)    The person must be extradited to the category 2 territory before the end of the

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required period, which is 28 days starting with—

           (a)           the day on which the decision of the relevant court on the appeal

becomes final, or

           (b)           the day on which proceedings on the appeal are discontinued.

     (3)    The relevant court is—

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           (a)           the High Court, if there is no appeal to the House of Lords against the

decision of the High Court on the appeal;

           (b)           the House of Lords, if there is such an appeal.

     (4)    The decision of the High Court on the appeal becomes final—

           (a)           when the period permitted for applying to the High Court for leave to

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appeal to the House of Lords ends, if there is no such application;

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

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           (b)           when the period permitted for applying to the House of Lords for leave

to appeal to it ends, if the High Court refuses leave to appeal and there

is no application to the House of Lords for leave to appeal;

           (c)           when the House of Lords refuses leave to appeal to it;

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

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day on which leave to appeal to the House of Lords is granted, if no

such appeal is brought before the end of that period.

     (5)    These must be ignored for the purposes of subsection (4)—

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

leave to appeal;

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

     (6)    The decision of the House of Lords on the appeal becomes final when it is

made.

     (7)    If subsection (2) is not complied with and the person applies to the appropriate

judge to be discharged the judge must order his discharge, unless reasonable

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cause is shown for the delay.

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

modifications—

           (a)           in subsections (1) and (2) for “relevant court” substitute “High Court”;

           (b)           omit subsections (3) to (6).

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 120   Undertaking in relation to person serving sentence in United Kingdom

     (1)    This section applies if—

           (a)           the Secretary of State orders a person’s extradition to a category 2

territory under this Part;

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

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detention in the United Kingdom.

     (2)    The Secretary of State 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 2 territory in terms specified by him.

     (3)    The terms which may be specified by the Secretary of State in relation to a

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person accused in a category 2 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 2

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territory;

           (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 Secretary of State in relation to a

person alleged to be unlawfully at large after conviction of an offence by a

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court in a category 2 territory include terms that the person be returned to the

United Kingdom to serve the remainder of his sentence after serving any

sentence imposed on him in the category 2 territory for—

           (a)           the offence, and

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

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the category 2 territory.

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

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     (5)           Subsections (6) and (7) apply if the Secretary of State makes an order for

extradition subject to a condition under subsection (2).

     (6)           If the Secretary of State does not receive the undertaking before the end of the

period of 21 days starting with the day on which he makes the order and the

person applies to the High Court to be discharged, the court must order his

5

discharge.

     (7)    If the Secretary of State receives the undertaking before the end of that

period—

           (a)           in a case where section 118 applies, the required period for the purposes

of section 118(2) is 28 days starting with the day on which the Secretary

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of State receives the undertaking;

           (b)           in a case where section 119 applies, the required period for the purposes

of section 119(2) is 28 days starting with the day on which the decision

of the relevant court on the appeal becomes final (within the meaning

of that section) or (if later) the day on which the Secretary of State

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receives the undertaking.

 121   Extradition following deferral for competing claim

     (1)    This section applies if—

           (a)           an order is made under this Part for a person to be extradited to a

category 2 territory in pursuance of a request for his extradition;

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

section 127(2) or 180(2) for the person’s extradition in pursuance of the

request to be deferred;

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

person’s extradition in pursuance of the request to cease to be deferred.

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     (2)    In a case where section 118 applies, the required period for the purposes of

section 118(2) is 28 days starting with the day on which the order under section

182(2) is made.

     (3)    In a case where section 119 applies, the required period for the purposes of

section 119(2) is 28 days starting with the day on which the decision of the

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relevant court on the appeal becomes final (within the meaning of that section)

or (if later) the day on which the order under section 182(2) is made.

 122   Asylum claim

     (1)    This section applies if—

           (a)           a person whose extradition is requested makes an asylum claim at any

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time in the relevant period;

           (b)           an order is made under this Part for the person to be extradited in

pursuance of the request.

     (2)    The relevant period is the period—

           (a)           starting when a certificate is issued under section 71 in respect of the

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request;

           (b)           ending when the person is extradited in pursuance of the request.

     (3)    The person must not be extradited in pursuance of the request before the

asylum claim is finally determined; and sections 118 and 119 have effect subject

to this.

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Extradition Bill
Part 2 — Extradition to category 2 territories

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     (4)    If the Secretary of State allows the asylum claim, the claim is finally determined

when he makes his decision on the claim.

     (5)    If the Secretary of State rejects the asylum claim, the claim is finally

determined—

           (a)                         when the Secretary of State makes his decision on the claim, if there is

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no right to appeal against the Secretary of State’s decision on the claim;

           (b)           when the period permitted for appealing against the Secretary of

State’s decision on the claim ends, if there is such a right but there is no

such appeal;

           (c)           when the appeal against that decision is finally determined or is

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withdrawn or abandoned, if there is such an appeal.

     (6)    An appeal against the Secretary of State’s decision on an asylum claim is not

finally determined for the purposes of subsection (5) at any time when a further

appeal or an application for leave to bring a further appeal—

           (a)           has been instituted and has not been finally determined or withdrawn

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or abandoned, or

           (b)           may be brought.

     (7)    The remittal of an appeal is not a final determination for the purposes of

subsection (6).

     (8)    The possibility of an appeal out of time with leave must be ignored for the

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purposes of subsections (5) and (6).

Withdrawal of extradition request

 123   Withdrawal of request before end of extradition hearing

     (1)    This section applies if at any time in the relevant period the appropriate judge

is informed by the Secretary of State that a request for a person’s extradition

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has been withdrawn.

     (2)    The relevant period is the period—

           (a)           starting when the person first appears or is brought before the

appropriate judge following his arrest under this Part;

           (b)           ending when the judge orders the person’s discharge or sends the case

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

extradited.

     (3)    The judge must order the person’s discharge.

     (4)    If the person is not before the judge at the time the judge orders his discharge,

the judge must inform him of the order as soon as practicable.

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 124   Withdrawal of request after case sent to Secretary of State

     (1)    This section applies if at any time in the relevant period the Secretary of State

is informed that a request for a person’s extradition has been withdrawn.

     (2)    The relevant period is the period—

           (a)           starting when the judge sends the case to the Secretary of State for his

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decision whether the person is to be extradited;

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

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           (b)           ending when the person is extradited in pursuance of the request or

discharged.

     (3)    The Secretary of State must order the person’s discharge.

 125   Withdrawal of request while appeal to High Court pending

     (1)    This section applies if at any time in the relevant period the High Court is

5

informed by the Secretary of State that a request for a person’s extradition has

been withdrawn.

     (2)    The relevant period is the period—

           (a)           starting when notice of an appeal to the court is given by the person

whose extradition is requested or by a person acting on behalf of the

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category 2 territory to which his extradition is requested;

           (b)           ending when proceedings on the appeal are discontinued or the court

makes its decision on the appeal.

     (3)    If the appeal is under section 104 or 109, the court must—

           (a)           order the person’s discharge;

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           (b)           quash the order for his extradition, if the Secretary of State has ordered

his extradition.

     (4)    If the appeal is under section 106 or 111, the court must dismiss the appeal.

     (5)    If the person is not before the court at the time the court orders his discharge,

the court must inform him of the order as soon as practicable.

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 126   Withdrawal of request while appeal to House of Lords pending

     (1)    This section applies if at any time in the relevant period the House of Lords is

informed by the Secretary of State that a request for a person’s extradition has

been withdrawn.

     (2)    The relevant period is the period—

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           (a)           starting when leave to appeal to the House of Lords is granted to the

person whose extradition is requested or a person acting on behalf of

the category 2 territory to which his extradition is requested;

           (b)           ending when proceedings on the appeal are discontinued or the House

of Lords makes its decision on the appeal.

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     (3)    If the appeal is brought by the person whose extradition is requested the House

of Lords must—

           (a)           order the person’s discharge;

           (b)           quash the order for his extradition, in a case where the appeal was

against a decision of the High Court to dismiss an appeal under section

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104 or 109.

     (4)    If the appeal is brought by a person acting on behalf of the category 2 territory

the House of Lords must dismiss the appeal.

     (5)    If the person whose extradition is requested is not before the House of Lords at

the time it orders his discharge, the House of Lords must inform him of the

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order as soon as practicable.

 

 

 
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