|
| |
| |
(3) If the appeal is brought by the person in respect of whom the warrant was | |
issued 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 | 5 |
26. | |
(4) If the appeal is brought by the authority which issued the warrant the House | |
of Lords must dismiss the appeal. | |
(5) If the person is not before the House of Lords at the time it orders his discharge, | |
the House of Lords must inform him of the order. | 10 |
Competing Part 1 warrants | |
43 Competing Part 1 warrants | |
(1) This section applies if at any time in the relevant period the conditions in | |
subsection (3) are satisfied in relation to a person in respect of whom a Part 1 | |
warrant has been issued. | 15 |
(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; | |
(b) ending when the person is extradited in pursuance of the warrant or | |
discharged. | 20 |
(3) The conditions are that— | |
(a) the judge is informed that another Part 1 warrant has been issued in | |
respect of the person; | |
(b) the other warrant falls to be dealt with by the judge or by a judge who | |
is the appropriate judge in another part of the United Kingdom; | 25 |
(c) the other warrant has not been disposed of. | |
(4) The judge may— | |
(a) order further proceedings on the warrant under consideration to be | |
deferred until the other warrant has been disposed of, if the warrant | |
under consideration has not been disposed of; | 30 |
(b) order the person’s extradition in pursuance of the warrant under | |
consideration to be deferred until the other warrant has been disposed | |
of, if an order for his extradition in pursuance of the warrant under | |
consideration has been made. | |
(5) If the judge makes an order under subsection (4) and the person is not already | 35 |
remanded in custody or on bail, the judge must remand the person in custody | |
or on bail. | |
(6) If the judge remands the person in custody he may later grant bail. | |
(7) In applying subsection (4) the judge must take account in particular of these | |
matters— | 40 |
(a) the relative seriousness of the offences concerned; | |
(b) the place where each offence was committed (or was alleged to have | |
been committed); | |
(c) the date on which each warrant was issued; | |
| |
| |
|
| |
| |
(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 | |
unlawfully at large after conviction. | |
Consent to extradition | |
44 Consent to extradition | 5 |
(1) A person arrested under a Part 1 warrant may consent to his extradition to the | |
category 1 territory in which the warrant was issued. | |
(2) A person arrested under section 5 may consent to his extradition to the | |
category 1 territory referred to in subsection (1) of that section. | |
(3) If a person consents to his extradition under this section he must be taken to | 10 |
have waived any right he would have (apart from the consent) not to be dealt | |
with in the category 1 territory for an offence committed before his extradition. | |
(4) Consent under this section— | |
(a) must be given before the appropriate judge; | |
(b) must be recorded in writing; | 15 |
(c) is irrevocable. | |
45 Extradition order following consent | |
(1) This section applies if a person consents to his extradition under section 44. | |
(2) The judge must remand the person in custody or on bail. | |
(3) If the judge remands the person in custody he may later grant bail. | 20 |
(4) If the judge has not fixed a date under section 8 on which the extradition | |
hearing is to begin he is not required to do so. | |
(5) If the extradition hearing has begun the judge is no longer required to proceed | |
or continue proceeding under sections 10 to 25. | |
(6) The judge must within the period of 10 days starting with the day on which | 25 |
consent is given order the person’s extradition to the category 1 territory. | |
(7) Subsection (6) has effect subject to sections 47 and 50. | |
(8) If subsection (6) is not complied with and the person applies to the judge to be | |
discharged the judge must order his discharge. | |
46 Extradition to category 1 territory following consent | 30 |
(1) This section applies if the appropriate judge makes an order under section | |
45(6) for a person’s extradition to a category 1 territory. | |
(2) The person must be extradited to the category 1 territory before the end of the | |
required period. | |
(3) The required period is— | 35 |
(a) 10 days starting with the day on which the order is made, 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. | |
| |
| |
|
| |
| |
(4) If subsection (2) is not complied with and the person applies to the judge to be | |
discharged the judge must order his discharge, unless reasonable cause is | |
shown for the delay. | |
(5) If before the person is extradited to the category 1 territory the judge is | |
informed by the designated authority that the Part 1 warrant has been | 5 |
withdrawn— | |
(a) subsection (2) does not apply, and | |
(b) the judge must order the person’s discharge. | |
47 Other warrant issued following consent | |
(1) This section applies if— | 10 |
(a) a person consents under section 44 to his extradition to a category 1 | |
territory, and | |
(b) the conditions in subsection (2) are satisfied before the judge orders his | |
extradition under section 45(6). | |
(2) The conditions are that— | 15 |
(a) the judge is informed that another Part 1 warrant has been issued in | |
respect of the person; | |
(b) the warrant falls to be dealt with by the judge or by a judge who is the | |
appropriate judge in another part of the United Kingdom; | |
(c) the warrant has not been disposed of. | 20 |
(3) Section 45(6) does not apply but the judge may— | |
(a) order the person’s extradition in pursuance of his consent, or | |
(b) order further proceedings on the warrant under consideration to be | |
deferred until the other warrant has been disposed of. | |
(4) Subsection (3) is subject to section 50. | 25 |
(5) In applying subsection (3) the judge must take account in particular of these | |
matters— | |
(a) the relative seriousness of the offences concerned; | |
(b) the place where each offence was committed (or was alleged to have | |
been committed); | 30 |
(c) the date on which each warrant was issued; | |
(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 | |
unlawfully at large after conviction. | |
48 Other warrant issued: extradition to category 1 territory | 35 |
(1) This section applies if the appropriate judge makes an order under section | |
47(3)(a) for a person’s extradition to a category 1 territory. | |
(2) The person must be extradited to the category 1 territory before the end of the | |
required period. | |
(3) The required period is— | 40 |
(a) 10 days starting with the day on which the order is made, 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. | |
| |
| |
|
| |
| |
(4) If subsection (2) is not complied with and the person applies to the judge to be | |
discharged the judge must order his discharge, unless reasonable cause is | |
shown for the delay. | |
(5) If before the person is extradited to the category 1 territory the judge is | |
informed by the designated authority that the Part 1 warrant has been | 5 |
withdrawn— | |
(a) subsection (2) does not apply, and | |
(b) the judge must order the person’s discharge. | |
49 Other warrant issued: proceedings deferred | |
(1) This section applies if the appropriate judge makes an order under section | 10 |
47(3)(b) for further proceedings on a Part 1 warrant to be deferred. | |
(2) The judge must remand the person in respect of whom the warrant was issued | |
in custody or on bail. | |
(3) If the judge remands the person in custody he may later grant bail. | |
(4) If an order is made under section 180 for proceedings on the warrant to be | 15 |
resumed, the period specified in section 45(6) must be taken to be 10 days | |
starting with the day on which the order under section 180 is made. | |
50 Extradition request following consent | |
(1) This section applies if— | |
(a) a person in respect of whom a Part 1 warrant is issued consents under | 20 |
section 44 to his extradition to the category 1 territory in which the | |
warrant was issued, and | |
(b) the condition in subsection (2) is satisfied before the judge orders his | |
extradition under section 45(6) or 47(3)(a). | |
(2) The condition is that the judge is informed that— | 25 |
(a) a certificate has been issued under section 69 in respect of a request for | |
the person’s extradition; | |
(b) the request has not been disposed of; | |
(c) no order has been made under section 179(2). | |
(3) The judge must not make an order under section 45(6) or 47(3) until he is | 30 |
informed what order has been made under section 179(2). | |
(4) If the order under section 179(2) is for further proceedings on the warrant to be | |
deferred until the request has been disposed of, the judge must remand the | |
person in custody or on bail. | |
(5) If the judge remands the person in custody he may later grant bail. | 35 |
(6) If— | |
(a) the order under section 179(2) is for further proceedings on the warrant | |
to be deferred until the request has been disposed of, and | |
(b) an order is made under section 180 for proceedings on the warrant to | |
be resumed, | 40 |
the period specified in section 45(6) must be taken to be 10 days starting with | |
the day on which the order under section 180 is made. | |
| |
| |
|
| |
| |
(7) If the the order under section 179(2) is for further proceedings on the request to | |
be deferred until the warrant has been disposed of, the period specified in | |
section 45(6) must be taken to be 10 days starting with the day on which the | |
judge is informed of the order. | |
Post-extradition matters | 5 |
51 Request for consent to other offence being dealt with | |
(1) This section applies if— | |
(a) a person is extradited to a category 1 territory in respect of an offence | |
in accordance with this Part; | |
(b) the appropriate judge receives a request for consent to the person being | 10 |
dealt with in the category 1 territory for another offence; | |
(c) the request is certified under this section by the designated authority. | |
(2) The designated authority may certify a request for consent under this section | |
if it believes that the authority making the request— | |
(a) is an authority of the category 1 territory, and | 15 |
(b) has the function of making requests for the consent referred to in | |
subsection (1)(b) in that territory. | |
(3) A certificate under subsection (2) must certify that the authority making the | |
request falls within paragraphs (a) and (b) of that subsection. | |
(4) The consent hearing must begin before the end of the required period, which | 20 |
is 21 days starting with the day on which the request for consent is received by | |
the designated authority. | |
(5) The judge may extend the required period if he believes there are exceptional | |
circumstances; and this subsection may apply more than once. | |
(6) The power in subsection (5) may be exercised even after the end of the required | 25 |
period. | |
(7) If the consent hearing does not begin before the end of the required period and | |
the person applies to the judge and shows reasonable cause for consent to be | |
refused, the judge must refuse consent. | |
(8) The judge may at any time adjourn the consent hearing. | 30 |
(9) The consent hearing is the hearing at which the judge is to consider the request | |
for consent. | |
52 Questions for decision at consent hearing | |
(1) At the consent hearing under section 51 the judge must decide whether consent | |
is required to the person being dealt with in the category 1 territory for the | 35 |
offence for which consent is requested. | |
(2) If the judge decides the question in subsection (1) in the negative he must | |
inform the authority making the request of his decision. | |
(3) If the judge decides that question in the affirmative he must decide whether the | |
offence for which consent is requested is an extradition offence. | 40 |
| |
| |
|
| |
| |
(4) If the judge decides the question in subsection (3) in the negative he must | |
refuse consent. | |
(5) If the judge decides that question in the affirmative he must decide whether he | |
would order the person’s extradition under sections 11 to 25 if— | |
(a) the person were in the United Kingdom, and | 5 |
(b) the judge were required to proceed under section 11 in respect of the | |
offence for which consent is requested. | |
(6) If the judge decides the question in subsection (5) in the affirmative he must | |
give consent. | |
(7) If the judge decides that question in the negative he must refuse consent. | 10 |
53 Presumed consent to other offence being dealt with | |
(1) This section applies if— | |
(a) a person is extradited to a category 1 territory in respect of an offence | |
in accordance with this Part; | |
(b) the category 1 territory and the United Kingdom have each given a | 15 |
notification under article 27.1 of the European framework decision in | |
relation to another offence (presumed consent to other offence being | |
dealt with). | |
(2) The appropriate judge is to be treated as having given consent to the person | |
being dealt with in the category 1 territory for the other offence. | 20 |
(3) But subsection (2) does not apply if the judge who orders the extradition makes | |
a statement to that effect in the person’s case. | |
54 Request for consent to further extradition to category 1 territory | |
(1) This section applies if— | |
(a) a person is extradited to a category 1 territory (the requesting territory) | 25 |
in accordance with this Part; | |
(b) the appropriate judge receives a request for consent to the person’s | |
extradition to another category 1 territory for an offence; | |
(c) the request is certified under this section by the designated authority. | |
(2) The designated authority may certify a request for consent under this section | 30 |
if it believes that the authority making the request— | |
(a) is an authority of the requesting territory, and | |
(b) has the function of making requests for the consent referred to in | |
subsection (1)(b) in that territory. | |
(3) A certificate under subsection (2) must certify that the authority making the | 35 |
request falls within paragraphs (a) and (b) of that subsection. | |
(4) The consent hearing must begin before the end of the required period, which | |
is 21 days starting with the day on which the request for consent is received by | |
the designated authority. | |
(5) The judge may extend the required period if he believes there are exceptional | 40 |
circumstances; and this subsection may apply more than once. | |
(6) The power in subsection (5) may be exercised even after the end of the required | |
period. | |
| |
| |
|
| |
| |
(7) If the consent hearing does not begin before the end of the required period and | |
the person applies to the judge and shows reasonable cause for consent to be | |
refused, the judge must refuse consent. | |
(8) The judge may at any time adjourn the consent hearing. | |
(9) The consent hearing is the hearing at which the judge is to consider the request | 5 |
for consent. | |
55 Questions for decision at consent hearing | |
(1) At the consent hearing under section 54 the judge must decide whether consent | |
is required to the person’s extradition to the other category 1 territory for the | |
offence. | 10 |
(2) If the judge decides the question in subsection (1) in the negative he must | |
inform the authority making the request of his decision. | |
(3) If the judge decides that question in the affirmative he must decide whether the | |
offence is an extradition offence in relation to the category 1 territory referred | |
to in section 54(1)(b). | 15 |
(4) If the judge decides the question in subsection (3) in the negative he must | |
refuse consent. | |
(5) If the judge decides that question in the affirmative he must decide whether he | |
would order the person’s extradition under sections 11 to 25 if— | |
(a) the person were in the United Kingdom, and | 20 |
(b) the judge were required to proceed under section 11 in respect of the | |
offence for which consent is requested. | |
(6) If the judge decides the question in subsection (5) in the affirmative he must | |
give consent. | |
(7) If the judge decides that question in the negative he must refuse consent. | 25 |
56 Presumed consent to further extradition to category 1 territory | |
(1) This section applies if— | |
(a) a person is extradited to a category 1 territory in accordance with this | |
Part; | |
(b) the category 1 territory and the United Kingdom have each given a | 30 |
notification under article 28.1 of the European framework decision in | |
relation to an offence (presumed consent to further extradition). | |
(2) The appropriate judge is to be treated as having given consent to the person’s | |
extradition to another category 1 territory in respect of the offence. | |
(3) But subsection (2) does not apply if the judge who orders the extradition makes | 35 |
a statement to that effect in the person’s case. | |
57 Consent to further extradition to category 2 territory | |
(1) This section applies if— | |
(a) a person is extradited to a category 1 territory in accordance with this | |
Part; | 40 |
| |
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|
