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Extradition Bill


Extradition Bill
Part 1 — Extradition to category 1 territories

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

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

begin to hear an appeal under section 26 or 28.

     (2)    Rules of court must provide for the period to start with the date on which the

person in respect of whom a Part 1 warrant is issued—

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           (a)           was arrested under section 5, if he was arrested under that section;

           (b)           was arrested under the Part 1 warrant, if he was not arrested under

section 5.

     (3)    The High Court must begin to hear the appeal before the end of the period.

     (4)    If subsection (3) is not complied with and the appeal is under section 26

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

High Court;

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

been discharged by the High Court;

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

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quashed by the High Court.

     (5)    If subsection (3) is not complied with and the appeal is under section 28 the

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

 32    Appeal to House of Lords

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

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appeal under section 26 or 28.

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

           (a)           the person in respect of whom the Part 1 warrant was issued;

           (b)           the authority which issued the Part 1 warrant.

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

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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

importance involved in the decision, and

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

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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

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

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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

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

on which leave is granted.

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

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

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

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

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

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appeal;

           (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

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

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

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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.

 33    Powers of House of Lords on appeal under section 32

     (1)    On an appeal under section 32 the House of Lords may—

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           (a)           allow the appeal;

           (b)           dismiss the appeal.

     (2)    Subsection (3) applies if—

           (a)           the person in respect of whom the Part 1 warrant was issued brings an

appeal under section 32, and

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           (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 26.

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     (4)    Subsection (5) applies if—

           (a)           the High Court allows an appeal under section 26 by the person in

respect of whom the Part 1 warrant was issued,

           (b)           the authority which issued the warrant brings an appeal under section

32 against the decision of the High Court, and

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           (c)           the House of Lords allows the appeal.

     (5)    The House of Lords must—

           (a)           quash the order of the High Court under section 27(5) discharging the

person;

           (b)           order the person to be extradited to the category 1 territory in which the

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warrant was issued.

     (6)    Subsections (7) and (8) apply if—

           (a)           the High Court dismisses an appeal under section 28 against a decision

made by the judge at the extradition hearing,

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

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           (b)           the authority which issued the Part 1 warrant brings an appeal under

section 32 against the decision of the High Court, and

           (c)           the House of Lords allows the appeal.

     (7)    If the judge would have been required to order the person in respect of whom

the warrant was issued to be extradited had he decided the relevant question

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differently, the House of Lords must—

           (a)           quash the order of the judge discharging the person;

           (b)           order the person to be extradited to the category 1 territory in which the

warrant was issued.

     (8)    In any other case, the House of Lords must—

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           (a)           quash the order of the judge discharging the person in respect of whom

the warrant was issued;

           (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.

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

order for the person’s discharge.

 34    Appeals: general

A decision of the judge under this Part may be questioned in legal proceedings

only by means of an appeal under this Part.

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Time for extradition

 35    Extradition where no appeal

     (1)    This section applies if—

           (a)           the appropriate judge orders a person’s extradition to a category 1

territory under this Part, and

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           (b)           no notice of an appeal under section 26 is given before the end of the

period permitted under that section.

     (2)    But this section does not apply if the order is made under section 45 or 47.

     (3)    The person must be extradited to the category 1 territory before the end of the

required period.

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     (4)    The required period is—

           (a)           10 days starting with the day on which the judge makes the order, or

           (b)           if the judge and the authority which issued the Part 1 warrant agree a

later date, 10 days starting with the later date.

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

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

cause is shown for the delay.

     (6)    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

appeal;

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

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

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 36    Extradition following appeal

     (1)    This section applies if—

           (a)           there is an appeal to the High Court under section 26 against an order

for a person’s extradition to a category 1 territory, and

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

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person is to be extradited there.

     (2)    The person must be extradited to the category 1 territory before the end of the

required period.

     (3)    The required period is—

           (a)           10 days starting with the day on which the decision of the relevant court

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on the appeal becomes final or proceedings on the appeal are

discontinued, or

           (b)           if the relevant court and the authority which issued the Part 1 warrant

agree a later date, 10 days starting with the later date.

     (4)    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.

     (5)    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;

           (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;

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           (d)           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 is granted, if no

such appeal is brought before the end of that period.

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

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

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leave to appeal;

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

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

made.

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

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

cause is shown for the delay.

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

modifications—

           (a)           in subsections (1) and (3) for “relevant court” substitute “High Court”;

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           (b)           omit subsections (4) to (7).

 37    Undertaking in relation to person serving sentence in United Kingdom

     (1)    This section applies if—

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

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           (a)           the appropriate judge orders a person’s extradition to a category 1

territory under this Part;

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

detention in the United Kingdom.

     (2)    But this section does not apply if the order is made under section 45 or 47.

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     (3)    The judge 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 1 territory in terms specified by him.

     (4)    The terms which may be specified by the judge in relation to a person accused

in a category 1 territory of the commission of an offence include terms—

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           (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 1

territory;

           (b)           that the person be returned to the United Kingdom to serve the

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remainder of his sentence on the conclusion of those proceedings.

     (5)    The terms which may be specified by the judge in relation to a person alleged

to be unlawfully at large after conviction of an offence by a court in a category

1 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

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in the category 1 territory for—

           (a)           the offence, and

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

the category 1 territory.

     (6)    If the judge makes an order for extradition subject to a condition under

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subsection (3)—

           (a)           in a case where section 35 applies, the required period for the purposes

of section 35(3) is 10 days starting with the day on which the judge

receives the undertaking;

           (b)           in a case where section 36 applies, the required period for the purposes

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of section 36(2) is 10 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 judge receives the

undertaking.

 38    Extradition following deferral for competing claim

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     (1)    This section applies if—

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

category 1 territory in pursuance of a Part 1 warrant;

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

section 43(4)(b) or 179(2)(b) for the person’s extradition in pursuance of

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the warrant to be deferred;

           (c)           the appropriate judge makes an order under section 181(3)(a) for the

person’s extradition in pursuance of the warrant to cease to be

deferred.

     (2)    But this section does not apply if the order for the person’s extradition is made

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under section 45 or 47.

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

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     (3)    In a case where section 35 applies, the required period for the purposes of

section 35(3) is 10 days starting with the day on which the order under section

181(3)(a) is made.

     (4)    In a case where section 36 applies, the required period for the purposes of

section 36(2) is 10 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 181(3)(a) is made.

 39    Position where asylum claimed

     (1)    This section applies if—

           (a)           a person in respect of whom a Part 1 warrant is issued makes an asylum

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claim at any time in the relevant period;

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

pursuance of the warrant.

     (2)    The relevant period is the period—

           (a)           starting when a certificate is issued under section 2 in respect of the

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warrant;

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

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

asylum claim is finally determined; and sections 35, 36, 46 and 48 have effect

subject to this.

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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 period permitted for appealing against the Secretary of

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State’s decision on the claim ends, if there is no such appeal;

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

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

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

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

or abandoned, or

           (b)           may be brought.

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

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subsection (6).

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

purposes of subsections (5) and (6).

     (9)    If the Secretary of State rejects the asylum claim and certifies that the asylum

claim is clearly unfounded, subsection (5) does not apply and the asylum claim

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is finally determined when it is rejected by the Secretary of State.

     (10)   If a certificate is issued under subsection (9) with respect to an asylum claim

and the person who made the claim brings an appeal against the Secretary of

State’s decision on the claim after he has been extradited, the appeal must be

considered as if he had not been removed from the United Kingdom.

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Extradition Bill
Part 1 — Extradition to category 1 territories

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     (11)   “Asylum claim” has the meaning given by section 113 of the Nationality,

Immigration and Asylum Act 2002 (c. 41).

Withdrawal of Part 1 warrant

 40    Withdrawal of warrant before extradition

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

5

is informed by the designated authority that a Part 1 warrant issued in respect

of a person has been withdrawn.

     (2)    The relevant period is the period—

           (a)           starting when the person is first brought before the appropriate judge

following his arrest under this Part;

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

discharged.

     (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.

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 41    Withdrawal of warrant while appeal to High Court pending

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

informed by the designated authority that a Part 1 warrant issued in respect of

a person has been withdrawn.

     (2)    The relevant period is the period—

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

the authority which issued the warrant;

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

makes its decision on the appeal.

     (3)    The court must—

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           (a)           if the appeal is under section 26, order the person’s discharge and

quash the order for his extradition;

           (b)           if the appeal is under section 28, dismiss the appeal.

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

the court must inform him of the order.

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 42    Withdrawal of warrant 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 designated authority that a Part 1 warrant issued in respect of

a person 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 or the authority which issued the warrant;

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

of Lords makes its decision on the appeal.

 

 

 
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