House of Lords portcullis
House of Lords
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Extradition Bill


Extradition Bill
Part 2 — Extradition to category 2 territories

    68

 

Competing extradition requests

 127   Competing extradition requests

     (1)    This section applies if—

           (a)           the Secretary of State receives a valid request for a person’s extradition

to a category 2 territory;

5

           (b)           the person is in the United Kingdom;

           (c)           before the person is extradited in pursuance of the request or

discharged, the Secretary of State receives another valid request for the

person’s extradition.

     (2)    The Secretary of State may—

10

           (a)           order proceedings (or further proceedings) on one of the requests to be

deferred until the other one has been disposed of, if neither of the

requests has been disposed of;

           (b)           order the person’s extradition in pursuance of the request under

consideration to be deferred until the other request has been disposed

15

of, if an order for his extradition in pursuance of the request under

consideration has been made.

     (3)    In applying subsection (2) the Secretary of State must take account in particular

of these matters—

           (a)           the relative seriousness of the offences concerned;

20

           (b)           the place where each offence was committed (or was alleged to have

been committed);

           (c)           the date when each request was received;

           (d)           whether, in the case of each offence, the person is accused of its

commission (but not alleged to have been convicted) or is alleged to be

25

unlawfully at large after conviction.

Consent to extradition

 128   Consent to extradition: general

     (1)    A person arrested under a warrant issued under section 72 may consent to his

extradition to the category 2 territory to which his extradition is requested.

30

     (2)    A person arrested under a provisional warrant may consent to his extradition

to the category 2 territory in which he is accused of the commission of an

offence or is alleged to have been convicted of an offence.

     (3)    Consent under this section—

           (a)           must be given in writing;

35

           (b)           is irrevocable.

     (4)    Consent under this section which is given by a person before his case is sent to

the Secretary of State for the Secretary of State’s decision whether he is to be

extradited must be given before the appropriate judge.

     (5)    Consent under this section which is given in any other case must be given to

40

the Secretary of State.

     (6)           A person may not give his consent under this section before the appropriate

judge unless—

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

    69

 

           (a)           he is legally represented before the appropriate judge at the time he

gives consent, or

           (b)           he is a person to whom subsection (7) applies.

     (7)           This subsection applies to a person if—

           (a)           he has been informed of his right to apply for legal aid and has had the

5

opportunity to apply for legal aid, but he has refused or failed to apply;

           (b)           he has applied for legal aid but his application has been refused;

           (c)           he was granted legal aid but the legal aid was withdrawn.

     (8)           In subsection (7) “legal aid” means—

           (a)           in England and Wales, a right to representation funded by the Legal

10

Services Commission as part of the Criminal Defence Service;

           (b)           in Scotland, such legal aid as is available by virtue of section 184(a) of

this Act;

           (c)           in Northern Ireland, such free legal aid as is available by virtue of

sections 185 and 186 of this Act.

15

     (9)           For the purposes of subsection (6) a person is to be treated as legally

represented before the appropriate judge if (and only if) he has the assistance

of counsel or a solicitor to represent him in the proceedings before the

appropriate judge.

 129   Consent to extradition before case sent to Secretary of State

20

     (1)    This section applies if a person gives his consent under section 128 to the

appropriate judge.

     (2)    If the judge has not fixed a date under section 76 or 77 on which the extradition

hearing is to begin he is not required to do so.

     (3)    If the extradition hearing has begun the judge is no longer required to proceed

25

or continue proceeding under sections 79 to 92.

     (4)    The judge must send the case to the Secretary of State for his decision whether

the person is to be extradited.

     (5)    The person must be taken to have waived any right he would have (apart from

the consent) not to be dealt with in the category 2 territory for an offence

30

committed before his extradition.

Post-extradition matters

 130   Consent to other offence being dealt with

     (1)    This section applies if—

           (a)           a person is extradited to a category 2 territory in accordance with this

35

Part;

           (b)           the Secretary of State receives a valid request for his consent to the

person being dealt with in the territory for an offence other than the

offence in respect of which he was extradited.

     (2)    A request for consent is valid if it is made by an authority which is an authority

40

of the territory and which the Secretary of State believes has the function of

making requests for the consent referred to in subsection (1)(b) in that territory.

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

    70

 

     (3)           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.

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

offence.

5

     (5)    If the Secretary of State decides the question in subsection (4) in the negative he

must refuse his consent.

     (6)    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—

10

           (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.

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

must refuse his consent.

15

     (8)    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 in respect

of the offence would be prohibited under section 95, 96 or 97.

     (9)    If the Secretary of State decides the question in subsection (8) in the affirmative

he must refuse his consent.

20

     (10)   If the Secretary of State decides that question in the negative he may give his

consent.

 131   Consent to further extradition to category 2 territory

     (1)    This section applies if—

           (a)           a person is extradited to a category 2 territory (the requesting territory)

25

in accordance with this Part;

           (b)           the Secretary of State receives a valid request for his consent to the

person’s extradition to another category 2 territory for an offence other

than the offence in respect of which he was extradited.

     (2)    A request for consent is valid if it is made by an authority which is an authority

30

of the requesting territory and which the Secretary of State believes has the

function of making requests for the consent referred to in subsection (1)(b) in

that territory.

     (3)           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

35

so.

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

in relation to the category 2 territory referred to in subsection (1)(b).

     (5)    If the Secretary of State decides the question in subsection (4) in the negative he

must refuse his consent.

40

     (6)           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—

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

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

    71

 

           (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.

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

must refuse his consent.

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

5

whether, if the person were in the United Kingdom, his extradition in respect

of the offence would be prohibited under section 95, 96 or 97.

     (9)    If the Secretary of State decides the question in subsection (8) in the affirmative

he must refuse his consent.

     (10)   If the Secretary of State decides that question in the negative he may give his

10

consent.

 132   Consent to further extradition to category 1 territory

     (1)    This section applies if—

           (a)           a person is extradited to a category 2 territory (the requesting territory)

in accordance with this Part;

15

           (b)           the Secretary of State receives a valid request for his consent to the

person’s extradition to a category 1 territory for an offence other than

the offence in respect of which he was extradited.

     (2)    A request for consent is valid if it is made by an authority which is an authority

of the requesting territory and which the Secretary of State believes has the

20

function of making requests for the consent referred to in subsection (1)(b) in

that territory.

     (3)           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.

25

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

within the meaning given by section 65 in relation to the category 1 territory.

     (5)    If the Secretary of State decides the question in subsection (4) in the negative he

must refuse his consent.

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

30

whether the appropriate judge would order the person’s extradition under

sections 11 to 26 if—

           (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 the Secretary of State’s consent is requested.

35

     (7)    If the Secretary of State decides the question in subsection (6) in the affirmative

he must give his consent.

     (8)    If the Secretary of State decides that question in the negative he must refuse his

consent.

 133   Return of person to serve remainder of sentence

40

     (1)    This section applies if—

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

    72

 

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

detention in the United Kingdom is extradited to a category 2 territory

in accordance with this Part;

           (b)           the person is returned to the United Kingdom to serve the remainder of

his sentence.

5

     (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.

     (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—

10

           (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 2

territory.

15

     (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.

20

Costs

 134   Costs where extradition ordered

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

extradition is requested under this Part—

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

25

           (b)           the High Court dismisses an appeal under section 104 or 109;

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

to appeal to the House of Lords under section 115, if the application is

made by the person;

           (d)           the House of Lords dismisses an appeal under section 115, if the appeal

30

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) by virtue of section 105(7), the judge

35

who decides the question that is (or all the questions that are) the subject of a

direction under section 105(1)(b) may make such order as he considers just and

reasonable with regard to the costs to be paid by the person.

     (4)    In any other case falling within subsection (1)(b), the High Court may make

such order as it considers just and reasonable with regard to the costs to be paid

40

by the person.

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

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.

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

    73

 

     (6)    An order for costs under this section—

           (a)           must specify their amount;

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

 135   Costs where discharge ordered

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

5

extradition to a category 2 territory is requested under this Part—

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

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

           (c)           the High Court dismisses an appeal under section 106 or 111;

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

10

to appeal to the House of Lords under section 115, if the application is

made on behalf of the category 2 territory;

           (e)           the House of Lords dismisses an appeal under section 115, if the appeal

is brought on behalf of the category 2 territory.

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

15

favour of the person may be made by—

           (a)           the appropriate judge, if the order for the person’s discharge is made

by him or by the Secretary of State;

           (b)           the High Court, if the order for the person’s discharge is made by it;

           (c)           the House of Lords, if the order for the person’s discharge is made by it.

20

     (3)    In a case falling within subsection (1)(b), the appropriate judge may make an

order under subsection (5) in favour of the person.

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

application or appeal is dismissed may make an order under subsection (5) in

favour of the person.

25

     (5)    An order under this subsection in favour of a person is an order for a payment

of the appropriate amount to be made to the person out of money provided by

Parliament.

     (6)    The appropriate amount is such amount as the judge or court making the order

under subsection (5) considers reasonably sufficient to compensate the person

30

in whose favour the order is made for any expenses properly incurred by him

in the proceedings under this Part.

     (7)    But if the judge or court making an order under subsection (5) is of the opinion

that there are circumstances which make it inappropriate that the person in

whose favour the order is made should recover the full amount mentioned in

35

subsection (6), the judge or court must—

           (a)           assess what amount would in his or its opinion be just and reasonable;

           (b)           specify that amount in the order as the appropriate amount.

     (8)    Unless subsection (7) applies, the appropriate amount—

           (a)           must be specified in the order, if the court considers it appropriate for

40

it to be so specified and the person in whose favour the order is made

agrees the amount;

           (b)           must be determined in accordance with regulations made by the Lord

Chancellor for the purposes of this section, in any other case.

 

 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2003
Revised 31 October 2003