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Extradition Bill


Extradition Bill
Part 1 — Extradition to category 1 territories

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     (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.

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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.

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     (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.

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     (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;

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           (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;

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           (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

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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—

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           (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;

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

    21

 

           (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;

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           (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.

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     (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

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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

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     (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—

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           (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.

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

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     (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—

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           (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—

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           (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.

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     (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.

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     (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);

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           (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

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     (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—

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           (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.

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

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     (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

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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—

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           (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

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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.

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     (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,

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            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.

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

    24

 

     (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

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           (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

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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

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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.

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     (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

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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.

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Extradition Bill
Part 1 — Extradition to category 1 territories

    25

 

     (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.

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     (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)

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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

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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

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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.

 

 

Extradition Bill
Part 1 — Extradition to category 1 territories

    26

 

     (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.

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 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

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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;

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