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67 Other interpretative provisions | |
(1) The extradition hearing is the hearing at which the appropriate judge is to | |
decide whether a person in respect of whom a Part 1 warrant was issued is to | |
be extradited to the category 1 territory in which it was issued. | |
(2) References to the designated authority must be read in accordance with section | 5 |
2(7). | |
(3) This section applies for the purposes of this Part. | |
Part 2 | |
Extradition to category 2 territories | |
Introduction | 10 |
68 Extradition to category 2 territories | |
(1) This Part deals with extradition from the United Kingdom to the territories | |
designated for the purposes of this Part by Order in Council. | |
(2) In this Act references to category 2 territories are to the territories designated | |
for the purposes of this Part. | 15 |
69 Extradition request and certificate | |
(1) The Secretary of State must issue a certificate under this section if he receives a | |
valid request for the extradition to a category 2 territory of a person who is in | |
the United Kingdom. | |
(2) But subsection (1) does not apply if the Secretary of State decides under section | 20 |
122 that the request is not to be proceeded with. | |
(3) A request for a person’s extradition is valid if— | |
(a) it contains the statement referred to in subsection (4), and | |
(b) it is made in the approved way. | |
(4) The statement is one that the person— | 25 |
(a) is accused in the category 2 territory of the commission of an offence | |
specified in the request, or | |
(b) is alleged to be unlawfully at large after conviction by a court in the | |
category 2 territory of an offence specified in the request. | |
(5) A request for extradition to a category 2 territory which is a British overseas | 30 |
territory is made in the approved way if it is made by or on behalf of the person | |
administering the territory. | |
(6) A request for extradition to a category 2 territory which is the Hong Kong | |
Special Administrative Region of the People’s Republic of China is made in the | |
approved way if it is made by or on behalf of the government of the Region. | 35 |
(7) A request for extradition to any other category 2 territory is made in the | |
approved way if it is made— | |
(a) by an authority of the territory which the Secretary of State believes has | |
the function of making requests for extradition in that territory, or | |
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(b) by a person recognised by the Secretary of State as a diplomatic or | |
consular representative of the territory. | |
(8) A certificate under this section must certify that the request is made in the | |
approved way. | |
(9) If a certificate is issued under this section the Secretary of State must send these | 5 |
documents to the appropriate judge— | |
(a) the request; | |
(b) the certificate; | |
(c) a copy of any relevant Order in Council. | |
(10) When he sends documents under subsection (9) the Secretary of State must also | 10 |
send— | |
(a) any documents sent to him with the request; | |
(b) any documents sent to him by a justice or sheriff in connection with the | |
issue of a provisional warrant. | |
Arrest | 15 |
70 Arrest warrant following extradition request | |
(1) This section applies if the Secretary of State sends documents to the | |
appropriate judge under section 69. | |
(2) The judge may issue a warrant for the arrest of the person whose extradition is | |
requested if it appears to the judge that— | 20 |
(a) the offence in respect of which extradition is requested is an extradition | |
offence, and | |
(b) there is evidence falling within subsection (3). | |
(3) The evidence is— | |
(a) evidence that would justify the issue of a warrant for the arrest of a | 25 |
person accused of the offence within the judge’s jurisdiction, if the | |
person whose extradition is requested is accused of the commission of | |
the offence; | |
(b) evidence that would justify the issue of a warrant for the arrest of a | |
person unlawfully at large after conviction of the offence within the | 30 |
judge’s jurisdiction, if the person whose extradition is requested is | |
alleged to be unlawfully at large after conviction of the offence. | |
(4) But if the category 2 territory to which extradition is requested is designated | |
for the purposes of this section by Order in Council, subsections (2) and (3) | |
have effect as if “evidence” read “information”. | 35 |
(5) A warrant issued under this section may— | |
(a) be executed in any part of the United Kingdom; | |
(b) be executed by any person to whom it is directed or by any constable; | |
(c) be executed even if neither the warrant nor a copy of it is in the | |
possession of the person executing it at the time of the arrest. | 40 |
71 Person arrested under section 70 | |
(1) This section applies if a person is arrested under a warrant issued under section | |
70. | |
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(2) If neither the warrant nor a copy of it was shown to the person at the time of | |
his arrest and he asks to be shown the warrant, the warrant or a copy of it must | |
be shown to him as soon as practicable after his request. | |
(3) The person must be brought as soon as practicable before the appropriate | |
judge. | 5 |
(4) But subsection (3) does not apply if— | |
(a) the person is granted bail by a constable following his arrest, or | |
(b) the Secretary of State decides under section 122 that the request for the | |
person’s extradition is not to be proceeded with. | |
(5) If subsection (2) or (3) is not complied with the warrant ceases to have effect | 10 |
and accordingly the person must be taken to be discharged. | |
(6) When the person first appears or is brought before the appropriate judge, the | |
judge must— | |
(a) give him the required information about consent; | |
(b) remand him in custody or on bail. | 15 |
(7) The required information about consent is— | |
(a) that the person may consent to his extradition to the category 2 territory | |
to which his extradition is requested; | |
(b) an explanation of the effect of consent and the procedure that will apply | |
if he gives consent; | 20 |
(c) that consent must be given in writing and is irrevocable. | |
(8) If the judge remands the person in custody he may later grant bail. | |
(9) Subsection (4)(a) does not apply to Scotland. | |
72 Provisional warrant | |
(1) This section applies if a justice of the peace is satisfied on information in | 25 |
writing and on oath that a person within subsection (2)— | |
(a) is or is believed to be in the United Kingdom, or | |
(b) is or is believed to be on his way to the United Kingdom. | |
(2) A person is within this subsection if— | |
(a) he is accused in a category 2 territory of the commission of an offence, | 30 |
or | |
(b) he is alleged to be unlawfully at large after conviction of an offence by | |
a court in a category 2 territory. | |
(3) The justice may issue a warrant for the arrest of the person (a provisional | |
warrant) if it appears to him that— | 35 |
(a) the offence of which the person is accused or has been convicted is an | |
extradition offence, and | |
(b) there is written evidence falling within subsection (4). | |
(4) The evidence is— | |
(a) evidence that would justify the issue of a warrant for the arrest of a | 40 |
person accused of the offence within the justice’s jurisdiction, if the | |
person in respect of whom the warrant is sought is accused of the | |
commission of the offence; | |
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(b) evidence that would justify the issue of a warrant for the arrest of a | |
person unlawfully at large after conviction of the offence within the | |
justice’s jurisdiction, if the person in respect of whom the warrant is | |
sought is alleged to be unlawfully at large after conviction of the | |
offence. | 5 |
(5) But if the category 2 territory is designated for the purposes of this section by | |
Order in Council, subsections (3) and (4) have effect as if “evidence” read | |
“information”. | |
(6) A provisional warrant may— | |
(a) be executed in any part of the United Kingdom; | 10 |
(b) be executed by any person to whom it is directed or by any constable; | |
(c) be executed even if neither the warrant nor a copy of it is in the | |
possession of the person executing it at the time of the arrest. | |
(7) The preceding provisions of this section apply to Scotland with these | |
modifications— | 15 |
(a) in subsection (1) for “justice of the peace is satisfied on information in | |
writing and on oath” substitute “sheriff is satisfied, on an application by | |
a procurator fiscal,”; | |
(b) in subsection (3) for “justice” substitute “sheriff”; | |
(c) in subsection (4) for “justice’s”, in paragraphs (a) and (b), substitute | 20 |
“sheriff’s”. | |
(8) Subsection (1) applies to Northern Ireland with the substitution of “a | |
complaint” for “information”. | |
73 Person arrested under provisional warrant | |
(1) This section applies if a person is arrested under a provisional warrant. | 25 |
(2) If neither the warrant nor a copy of it was shown to the person at the time of | |
his arrest and he asks to be shown the warrant, the warrant or a copy of it must | |
be shown to him as soon as practicable after his request. | |
(3) The person must be brought as soon as practicable before the appropriate | |
judge. | 30 |
(4) But subsection (3) does not apply if— | |
(a) the person is granted bail by a constable following his arrest, or | |
(b) in a case where the Secretary of State has received a valid request for the | |
person’s extradition, the Secretary of State decides under section 122 | |
that the request is not to be proceeded with. | 35 |
(5) If subsection (2) or (3) is not complied with the provisional warrant ceases to | |
have effect and accordingly the person must be taken to be discharged. | |
(6) When the person first appears or is brought before the appropriate judge, the | |
judge must— | |
(a) give him the required information about consent; | 40 |
(b) remand him in custody or on bail. | |
(7) The required information about consent is— | |
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(a) that the person 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; | |
(b) an explanation of the effect of consent and the procedure that will apply | |
if he gives consent; | 5 |
(c) that consent must be given in writing and is irrevocable. | |
(8) If the judge remands the person in custody he may later grant bail. | |
(9) The judge must order the person’s discharge if the documents referred to in | |
section 69(9) are not received by the judge within the required period. | |
(10) The required period is— | 10 |
(a) 40 days starting with the day on which the person was arrested, or | |
(b) if the category 2 territory is designated by Order in Council for the | |
purposes of this section, any longer period permitted by the Order in | |
Council. | |
(11) Subsection (4)(a) does not apply to Scotland. | 15 |
The extradition hearing | |
74 Date of extradition hearing: arrest under section 70 | |
(1) When a person arrested under a warrant issued under section 70 first appears | |
or is brought before the appropriate judge, the judge must fix a date on which | |
the extradition hearing is to begin. | 20 |
(2) The date fixed under subsection (1) must not be later than the end of the | |
permitted period, which is 2 months starting with the the date on which the | |
person first appears or is brought before the judge. | |
(3) If before the date fixed under subsection (1) (or this subsection) a party to the | |
proceedings applies to the judge for a later date to be fixed and the judge | 25 |
believes there are exceptional circumstances, he may fix a later date; and this | |
subsection may apply more than once. | |
(4) If the extradition hearing does not begin on or before the date fixed under this | |
section the person must be taken to be discharged. | |
75 Date of extradition hearing: arrest under provisional warrant | 30 |
(1) Subsection (2) applies if— | |
(a) a person is arrested under a provisional warrant, and | |
(b) the documents referred to in section 69(9) are received by the | |
appropriate judge within the period required under section 73(9). | |
(2) The judge must fix a date on which the extradition hearing is to begin. | 35 |
(3) The date fixed under subsection (2) must not be later than the end of the | |
permitted period, which is 2 months starting with the the date on which the | |
judge receives the documents. | |
(4) If before the date fixed under subsection (2) (or this subsection) a party to the | |
proceedings applies to the judge for a later date to be fixed and the judge | 40 |
believes there are exceptional circumstances, he may fix a later date; and this | |
subsection may apply more than once. | |
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(5) If the extradition hearing does not begin on or before the date fixed under this | |
section the person must be taken to be discharged. | |
76 Judge’s powers at extradition hearing | |
(1) In England and Wales, at the extradition hearing the appropriate judge has the | |
same powers (as nearly as may be) as a magistrates’ court would have if the | 5 |
proceedings were the summary trial of an information against the person | |
whose extradition is requested. | |
(2) In Scotland— | |
(a) at the extradition hearing the appropriate judge has the same powers | |
(as nearly as may be) as if the proceedings were summary proceedings | 10 |
in respect of an offence alleged to have been committed by the person | |
whose extradition is requested; but | |
(b) in his making any decision under section 77(4)(a) evidence from a | |
single source shall be sufficient. | |
(3) In Northern Ireland, at the extradition hearing the appropriate judge has the | 15 |
same powers (as nearly as may be) as a magistrates’ court would have if the | |
proceedings were the hearing and determination of a complaint against the | |
person whose extradition is requested. | |
(4) If the judge adjourns the extradition hearing he must remand the person in | |
custody or on bail. | 20 |
(5) If the judge remands the person in custody he may later grant bail. | |
77 Initial stages of extradition hearing | |
(1) This section applies if a person alleged to be the person whose extradition is | |
requested appears or is brought before the appropriate judge for the | |
extradition hearing. | 25 |
(2) The judge must decide whether the documents sent to him under section 69 | |
consist of (or include)— | |
(a) the documents referred to in section 69(9); | |
(b) particulars of the person whose extradition is requested; | |
(c) particulars of the offence specified in the request; | 30 |
(d) in the case of a person accused of an offence, a warrant for his arrest | |
issued in the category 2 territory; | |
(e) in the case of a person alleged to be unlawfully at large after conviction | |
of an offence, a certificate issued in the category 2 territory of the | |
conviction and (if he has been sentenced) of the sentence. | 35 |
(3) If the judge decides the question in subsection (2) in the negative he must order | |
the person’s discharge. | |
(4) If the judge decides that question in the affirmative he must decide whether— | |
(a) the person appearing or brought before him is the person whose | |
extradition is requested; | 40 |
(b) the offence specified in the request is an extradition offence; | |
(c) copies of the documents sent to the judge under section 69 have been | |
served on the person. | |
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(5) If the judge decides any of the questions in subsection (4) in the negative he | |
must order the person’s discharge. | |
(6) If the judge decides those questions in the affirmative he must proceed under | |
section 78. | |
(7) The reference in subsection (2)(d) to a warrant for a person’s arrest includes a | 5 |
reference to a judicial document authorising his arrest. | |
78 Bars to extradition | |
(1) If the judge is required to proceed under this section he must decide whether | |
the person’s extradition to the category 2 territory is barred by reason of— | |
(a) the rule against double jeopardy; | 10 |
(b) extraneous considerations; | |
(c) the passage of time; | |
(d) hostage-taking considerations. | |
(2) Sections 79 to 82 apply for the interpretation of subsection (1). | |
(3) If the judge decides any of the questions in subsection (1) in the affirmative he | 15 |
must order the person’s discharge. | |
(4) If the judge decides those questions in the negative and the person is accused | |
of the commission of the extradition offence but is not alleged to be unlawfully | |
at large after conviction of it, the judge must proceed under section 83. | |
(5) If the judge decides those questions in the negative and the person is alleged to | 20 |
be unlawfully at large after conviction of the extradition offence, the judge | |
must proceed under section 84. | |
79 Rule against double jeopardy | |
A person’s extradition to a category 2 territory is barred by reason of the rule | |
against double jeopardy if (and only if) it appears that he would be entitled to | 25 |
be discharged under any rule of law relating to previous acquittal or conviction | |
if he were charged with the extradition offence in the part of the United | |
Kingdom where the judge exercises jurisdiction. | |
80 Extraneous considerations | |
A person’s extradition to a category 2 territory is barred by reason of | 30 |
extraneous considerations if (and only if) it appears that— | |
(a) the request for his extradition (though purporting to be made on | |
account of the extradition offence) is in fact made for the purpose of | |
prosecuting or punishing him on account of his race, religion, | |
nationality or political opinions, or | 35 |
(b) if extradited he might be prejudiced at his trial or punished, detained | |
or restricted in his personal liberty by reason of his race, religion, | |
nationality or political opinions. | |
81 Passage of time | |
A person’s extradition to a category 2 territory is barred by reason of the | 40 |
passage of time if (and only if) it appears that it would be unjust or oppressive | |
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