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to extradite him by reason of the passage of time since he is alleged to have | |
committed the extradition offence or since he is alleged to have become | |
unlawfully at large (as the case may be). | |
82 Hostage-taking considerations | |
(1) A person’s extradition to a category 2 territory is barred by reason of hostage- | 5 |
taking considerations if (and only if) the territory is a party to the Hostage- | |
taking Convention and it appears that— | |
(a) if extradited he might be prejudiced at his trial because communication | |
between him and the appropriate authorities would not be possible, | |
and | 10 |
(b) the act or omission constituting the extradition offence also constitutes | |
an offence under section 1 of the Taking of Hostages Act 1982 (c. 28) or | |
an attempt to commit such an offence. | |
(2) The appropriate authorities are the authorities of the territory which are | |
entitled to exercise rights of protection in relation to him. | 15 |
(3) A certificate issued by the Secretary of State that a territory is a party to the | |
Hostage-taking Convention is conclusive evidence of that fact for the purposes | |
of subsection (1). | |
(4) The Hostage-taking Convention is the International Convention against the | |
Taking of Hostages opened for signature at New York on 18 December 1979. | 20 |
83 Case where person has not been convicted | |
(1) If the judge is required to proceed under this section he must decide whether | |
there is evidence which would be sufficient to make a case requiring an answer | |
by the person if the proceedings were the summary trial of an information | |
against him. | 25 |
(2) In deciding the question in subsection (1) the judge must treat a statement | |
made by a person in a document as admissible evidence of a fact if— | |
(a) the statement is made by the person to a police officer or another person | |
charged with the duty of investigating offences or charging offenders, | |
and | 30 |
(b) direct oral evidence by the person of the fact would be admissible. | |
(3) A summary in a document of a statement made by a person must be treated as | |
a statement made by the person in the document for the purposes of subsection | |
(2). | |
(4) If the judge decides the question in subsection (1) in the negative he must order | 35 |
the person’s discharge. | |
(5) If the judge decides that question in the affirmative he must proceed under | |
section 86. | |
(6) If the judge is required to proceed under this section and the category 2 | |
territory to which extradition is requested is designated for the purposes of this | 40 |
section by Order in Council— | |
(a) the judge must not decide under subsection (1), and | |
(b) he must proceed under section 86. | |
| |
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| |
(7) Subsection (1) applies to Scotland with the substitution of “summary | |
proceedings in respect of an offence alleged to have been committed by the | |
person (except that for this purpose evidence from a single source shall be | |
sufficient)” for “the summary trial of an information against him”. | |
(8) Subsection (1) applies to Northern Ireland with the substitution of “the hearing | 5 |
and determination of a complaint” for “the summary trial of an information”. | |
84 Case where person has been convicted | |
(1) If the judge is required to proceed under this section he must decide— | |
(a) whether the person was convicted in his presence or in his absence; | |
(b) if he was convicted in his absence, whether he deliberately absented | 10 |
himself from his trial; | |
(c) if he was convicted in his absence and he did not deliberately absent | |
himself from his trial, whether he would be entitled to a retrial or (on | |
appeal) to a review amounting to a retrial. | |
(2) The judge must order the person’s discharge if he decides that the person— | 15 |
(a) was convicted in his absence, | |
(b) did not deliberately absent himself from his trial, and | |
(c) would not be entitled to a retrial or (on appeal) to a review amounting | |
to a retrial. | |
(3) The judge must proceed under section 85 if he decides that the person— | 20 |
(a) was convicted in his absence, | |
(b) did not deliberately absent himself from his trial, and | |
(c) would be entitled to a retrial or (on appeal) to a review amounting to a | |
retrial. | |
(4) The judge must proceed under section 86 if he decides that the person— | 25 |
(a) was convicted in his presence, or | |
(b) was convicted in his absence and deliberately absented himself from | |
his trial. | |
85 Conviction in person’s absence | |
(1) If the judge is required to proceed under this section he must decide whether | 30 |
there is evidence which would be sufficient to make a case requiring an answer | |
by the person if the proceedings were the summary trial of an information | |
against him. | |
(2) In deciding the question in subsection (1) the judge must treat a statement | |
made by a person in a document as admissible evidence of a fact if— | 35 |
(a) the statement is made by the person to a police officer or another person | |
charged with the duty of investigating offences or charging offenders, | |
and | |
(b) direct oral evidence by the person of the fact would be admissible. | |
(3) A summary in a document of a statement made by a person must be treated as | 40 |
a statement made by the person in the document for the purposes of subsection | |
(2). | |
(4) If the judge decides the question in subsection (1) in the negative he must order | |
the person’s discharge. | |
| |
| |
|
| |
| |
(5) If the judge decides that question in the affirmative he must proceed under | |
section 86. | |
(6) If the judge is required to proceed under this section and the category 2 | |
territory to which extradition is requested is designated for the purposes of this | |
section by Order in Council— | 5 |
(a) the judge must not decide under subsection (1), and | |
(b) he must proceed under section 86. | |
(7) Subsection (1) applies to Scotland with the substitution of “summary | |
proceedings in respect of an offence alleged to have been committed by the | |
person (except that for this purpose evidence from a single source shall be | 10 |
sufficient)” for “the summary trial of an information against him”. | |
(8) Subsection (1) applies to Northern Ireland with the substitution of “the hearing | |
and determination of a complaint” for “the summary trial of an information”. | |
86 Human rights | |
(1) If the judge is required to proceed under this section (by virtue of section 83, 84 | 15 |
or 85) he must decide whether the person’s extradition would be compatible | |
with the Convention rights within the meaning of the Human Rights Act 1998 | |
(c. 42). | |
(2) If the judge decides the question in subsection (1) in the negative he must order | |
the person’s discharge. | 20 |
(3) If the judge decides that question in the affirmative he must send the case to the | |
Secretary of State for his decision whether the person is to be extradited. | |
87 Competing extradition claim | |
(1) This section applies if at any time in the extradition hearing the judge is | |
informed that the conditions in subsection (2) or (3) are met. | 25 |
(2) The conditions are that— | |
(a) the Secretary of State has received another valid request for the | |
person’s extradition to a category 2 territory; | |
(b) the other request has not been disposed of; | |
(c) the Secretary of State has made an order under section 122(2) for further | 30 |
proceedings on the request under consideration to be deferred until the | |
other request has been disposed of. | |
(3) The conditions are that— | |
(a) a certificate has been issued under section 2 in respect of a Part 1 | |
warrant issued in respect of the person; | 35 |
(b) the warrant has not been disposed of; | |
(c) the Secretary of State has made an order under section 179(2) for further | |
proceedings on the request to be deferred until the warrant has been | |
disposed of. | |
(4) The judge must remand the person in custody or on bail. | 40 |
(5) If the judge remands the person in custody he may later grant bail. | |
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88 Physical or mental condition | |
(1) This section applies if at any time in the extradition hearing it appears to the | |
judge that the condition in subsection (2) is satisfied. | |
(2) The condition is that the physical or mental condition of the person is such that | |
it would be unjust or oppressive to extradite him. | 5 |
(3) The judge must— | |
(a) order the person’s discharge, or | |
(b) adjourn the extradition hearing until it appears to him that the | |
condition in subsection (2) is no longer satisfied. | |
89 Case sent to Secretary of State | 10 |
(1) This section applies if the appropriate judge sends a case to the Secretary of | |
State under this Part for his decision whether a person is to be extradited. | |
(2) The judge must inform the person in ordinary language that— | |
(a) he has a right to appeal to the High Court; | |
(b) if he exercises the right the appeal will not be heard until the Secretary | 15 |
of State has made his decision. | |
(3) But subsection (2) does not apply if the person has consented to his extradition | |
under section 123. | |
(4) The judge must remand the person in custody or on bail— | |
(a) to wait for the Secretary of State’s decision, and | 20 |
(b) to wait for his extradition to the territory to which extradition is | |
requested (if the Secretary of State orders him to be extradited). | |
(5) If the judge remands the person in custody he may later grant bail. | |
Secretary of State’s functions | |
90 Secretary of State’s consideration of case | 25 |
(1) This section applies if the appropriate judge sends a case to the Secretary of | |
State under this Part for his decision whether a person is to be extradited. | |
(2) The Secretary of State must decide whether he is prohibited from ordering the | |
person’s extradition under any of these sections— | |
(a) section 91 (death penalty); | 30 |
(b) section 92 (speciality); | |
(c) section 93 (earlier extradition to United Kingdom from other territory). | |
(3) If the Secretary of State decides any of the questions in subsection (2) in the | |
affirmative he must order the person’s discharge. | |
(4) If the Secretary of State decides those questions in the negative he must order | 35 |
the person to be extradited to the territory to which his extradition is requested | |
unless— | |
(a) he is informed that the request has been withdrawn, | |
(b) he makes an order under section 122(2) or 179(2) for further | |
proceedings on the request to be deferred and the person is discharged | 40 |
under section 180, or | |
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(c) he orders the person’s discharge under section 193. | |
91 Death penalty | |
(1) The Secretary of State must not order a person’s extradition to a category 2 | |
territory if he could be, will be or has been sentenced to death for the offence | |
concerned in the category 2 territory. | 5 |
(2) Subsection (1) does not apply if the Secretary of State receives a written | |
assurance which he considers adequate that a sentence of death— | |
(a) will not be imposed, or | |
(b) will not be carried out (if imposed). | |
(3) Subsection (1) does not apply if the person has consented to his extradition | 10 |
under section 123. | |
92 Speciality | |
(1) The Secretary of State must not order a person’s extradition to a category 2 | |
territory if there are no speciality arrangements with the category 2 territory. | |
(2) But subsection (1) does not apply if the person consented to his extradition | 15 |
under section 123 before his case was sent to the Secretary of State. | |
(3) There are speciality arrangements with a category 2 territory if (and only if) | |
under the law of that territory or arrangements made between it and the | |
United Kingdom a person who is extradited to the territory from the United | |
Kingdom may be dealt with in the territory for an offence committed before his | 20 |
extradition only if— | |
(a) the offence is one falling within subsection (4), or | |
(b) he is first given an opportunity to leave the territory. | |
(4) The offences are— | |
(a) the offence in respect of which the person is extradited; | 25 |
(b) an extradition offence disclosed by the same facts as that offence, other | |
than one in respect of which a sentence of death could be imposed; | |
(c) an extradition offence in respect of which the Secretary of State | |
consents to the person being dealt with. | |
(5) Arrangements made with a category 2 territory which is a Commonwealth | 30 |
country or a British overseas territory may be made for a particular case or | |
more generally. | |
(6) A certificate issued by or under the authority of the Secretary of State | |
confirming the existence of arrangements with a category 2 territory which is | |
a Commonwealth country or a British overseas territory and stating the terms | 35 |
of the arrangements is conclusive evidence of those matters. | |
93 Earlier extradition to United Kingdom from other territory | |
The Secretary of State must not order a person’s extradition to a category 2 | |
territory if— | |
(a) the person was extradited to the United Kingdom from another | 40 |
territory (the extraditing territory); | |
| |
| |
|
| |
| |
(b) under arrangements between the United Kingdom and the extraditing | |
territory, that territory’s consent is required to the person’s extradition | |
from the United Kingdom to the category 2 territory in respect of the | |
extradition offence under consideration; | |
(c) that consent has not been given on behalf of the extraditing territory. | 5 |
94 Deferral: person charged with offence in United Kingdom | |
(1) This section applies if— | |
(a) the appropriate judge sends a case to the Secretary of State under this | |
Part for his decision whether a person is to be extradited; | |
(b) the person is charged with an offence in the United Kingdom. | 10 |
(2) The Secretary of State must not make a decision with regard to the person’s | |
extradition until one of these occurs— | |
(a) the charge is disposed of; | |
(b) the charge is withdrawn; | |
(c) proceedings in respect of the charge are discontinued; | 15 |
(d) an order is made for the charge to lie on the file or, in relation to | |
Scotland, the diet is deserted pro loco et tempore. | |
(3) If a sentence of imprisonment or another form of detention is imposed in | |
respect of the offence charged, the Secretary of State may defer making a | |
decision with regard to the person’s extradition until the sentence has been | 20 |
served. | |
95 Deferral: person serving sentence in United Kingdom | |
(1) This section applies if— | |
(a) the appropriate judge sends a case to the Secretary of State under this | |
Part for his decision whether a person is to be extradited; | 25 |
(b) the person is serving a sentence of imprisonment or another form of | |
detention in the United Kingdom. | |
(2) The Secretary of State may defer making a decision with regard to the person’s | |
extradition until the sentence has been served. | |
96 Time limit for order for extradition or discharge | 30 |
(1) This section applies if— | |
(a) the appropriate judge sends a case to the Secretary of State under this | |
Part for his decision whether a person is to be extradited; | |
(b) within the required period the Secretary of State does not make an | |
order for the person’s extradition or discharge. | 35 |
(2) The person must be taken to be discharged at the end of the required period. | |
(3) The required period is the period of 2 months starting with the appropriate | |
day. | |
(4) If the person is charged with an offence in the United Kingdom, the | |
appropriate day is the day on which one of these occurs— | 40 |
(a) the charge is disposed of; | |
(b) the charge is withdrawn; | |
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| |
| |
(c) proceedings in respect of the charge are discontinued; | |
(d) an order is made for the charge to lie on the file, or in relation to | |
Scotland, the diet is deserted pro loco et tempore. | |
(5) If under section 94(3) or 95(2) the Secretary of State defers making a decision | |
until the person has served a sentence, the appropriate day is the day on which | 5 |
the person finishes serving the sentence. | |
(6) If section 122 applies in relation to the request for the person’s extradition (the | |
request concerned) the appropriate day is— | |
(a) the day on which the Secretary of State makes an order under that | |
section, if the order is for proceedings on the other request to be | 10 |
deferred; | |
(b) the day on which an order under section 180 is made, if the order under | |
section 122 is for proceedings on the request concerned to be deferred | |
and the order under section 180 is for the proceedings to be resumed. | |
(7) If section 179 applies in relation to the request for the person’s extradition, the | 15 |
appropriate day is— | |
(a) the day on which the Secretary of State makes an order under that | |
section, if the order is for proceedings on the warrant to be deferred; | |
(b) the day on which an order under section 180 is made, if the order under | |
section 179 is for proceedings on the request to be deferred and the | 20 |
order under section 180 is for the proceedings to be resumed. | |
(8) If more than one of subsections (4) to (7) applies, the appropriate day is the | |
latest of the days found under the subsections which apply. | |
(9) In any other case, the appropriate day is the day on which the judge sends the | |
case to the Secretary of State for his decision whether the person is to be | 25 |
extradited. | |
(10) If before the required period ends the Secretary of State applies to the High | |
Court for it to be extended the High Court may make an order accordingly; and | |
this subsection may apply more than once. | |
97 Information | 30 |
(1) If the Secretary of State orders a person’s extradition under this Part he must— | |
(a) inform the person of the order; | |
(b) inform him in ordinary language that he has a right of appeal to the | |
High Court; | |
(c) inform a person acting on behalf of the category 2 territory of the order. | 35 |
(2) But subsection (1)(b) does not apply if the person has consented to his | |
extradition under section 123. | |
(3) If the Secretary of State orders a person’s extradition under this Part and he has | |
received an assurance such as is mentioned in section 91(2), he must give the | |
person a copy of the assurance when he informs him under subsection (1) of | 40 |
the order. | |
(4) If the Secretary of State orders a person’s discharge under this Part he must— | |
(a) inform him of the order; | |
(b) inform a person acting on behalf of the category 2 territory of the order. | |
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