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98 Making of order for extradition or discharge | |
(1) An order to which this section applies must be made under the hand of one of | |
these— | |
(a) the Secretary of State; | |
(b) a Minister of State; | 5 |
(c) a Parliamentary Under-Secretary of State; | |
(d) a senior official. | |
(2) This section applies to— | |
(a) an order under section 90 for a person’s extradition; | |
(b) an order under section 90 or 119 for a person’s discharge. | 10 |
(3) A senior official is— | |
(a) a member of the Senior Civil Service; | |
(b) a member of the Senior Management Structure of Her Majesty’s | |
Diplomatic Service. | |
(4) If it appears to the Secretary of State that it is necessary to do so in consequence | 15 |
of any changes to the structure or grading of the home civil service or | |
diplomatic service, he may by order make such amendments to subsection (3) | |
as appear to him appropriate to preserve (so far as practicable) the effect of that | |
subsection. | |
Appeals | 20 |
99 Appeal where case sent to Secretary of State | |
(1) If the judge sends a case to the Secretary of State under this Part for his decision | |
whether a person is to be extradited, the person may appeal to the High Court | |
against the relevant decision. | |
(2) But subsection (1) does not apply if the person consented to his extradition | 25 |
under section 123 before his case was sent to the Secretary of State. | |
(3) The relevant decision is the decision that resulted in the case being sent to the | |
Secretary of State. | |
(4) An appeal under this section may be brought on a question of law or fact. | |
(5) If an appeal is brought under this section before the Secretary of State has | 30 |
decided whether the person is to be extradited the appeal must not be heard | |
until after the Secretary of State has made his decision. | |
(6) If the Secretary of State orders the person’s discharge the appeal must not be | |
proceeded with. | |
(7) No appeal may be brought under this section if the Secretary of State has | 35 |
ordered the person’s discharge. | |
(8) Notice of an appeal under this section must be given in accordance with rules | |
of court before the end of the permitted period, which is 14 days starting with | |
the day on which the Secretary of State informs the person under section 97(1) | |
that he has ordered his extradition. | 40 |
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100 Court’s powers on appeal under section 99 | |
(1) On an appeal under section 99 the High Court may— | |
(a) allow the appeal; | |
(b) direct the judge to decide again a question (or questions) which he | |
decided at the extradition hearing; | 5 |
(c) dismiss the appeal. | |
(2) The court may allow the appeal only if the conditions in subsection (3) or the | |
conditions in subsection (4) are satisfied. | |
(3) The conditions are that— | |
(a) the judge ought to have decided a question before him at the | 10 |
extradition hearing differently; | |
(b) if he had decided the question in the way he ought to have done, he | |
would have been required to order the person’s discharge. | |
(4) The conditions are that— | |
(a) an issue is raised that was not raised at the extradition hearing or | 15 |
evidence is available that was not available at the extradition hearing; | |
(b) the issue or evidence would have resulted in the judge deciding a | |
question before him at the extradition hearing differently; | |
(c) if he had decided the question in that way, he would have been | |
required to order the person’s discharge. | 20 |
(5) If the court allows the appeal it must— | |
(a) order the person’s discharge; | |
(b) quash the order for his extradition. | |
(6) If the judge comes to a different decision on any question that is the subject of | |
a direction under subsection (1)(b) he must order the person’s discharge. | 25 |
(7) If the judge comes to the same decision as he did at the extradition hearing on | |
the question that is (or all the questions that are) the subject of a direction under | |
subsection (1)(b) the appeal must be taken to have been dismissed by a decision | |
of the High Court. | |
101 Appeal against discharge at extradition hearing | 30 |
(1) If at the extradition hearing the judge orders a person’s discharge, an appeal to | |
the High Court may be brought on behalf of the category 2 territory against the | |
relevant decision. | |
(2) But subsection (1) does not apply if the order for the person’s discharge was | |
under section 118. | 35 |
(3) The relevant decision is the decision which resulted in the order for the | |
person’s discharge. | |
(4) An appeal under this section may be brought on a question of law or fact. | |
(5) Notice of an appeal under this section must be given in accordance with rules | |
of court before the end of the permitted period, which is 14 days starting with | 40 |
the day on which the order for the person’s discharge is made. | |
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102 Court’s powers on appeal under section 101 | |
(1) On an appeal under section 101 the High Court may— | |
(a) allow the appeal; | |
(b) direct the judge to decide the relevant question again; | |
(c) dismiss the appeal. | 5 |
(2) A question is the relevant question if the judge’s decision on it resulted in the | |
order for the person’s discharge. | |
(3) The court may allow the appeal only if the conditions in subsection (4) or the | |
conditions in subsection (5) are satisfied. | |
(4) The conditions are that— | 10 |
(a) the judge ought to have decided the relevant question differently; | |
(b) if he had decided the question in the way he ought to have done, he | |
would not have been required to order the person’s discharge. | |
(5) The conditions are that— | |
(a) an issue is raised that was not raised at the extradition hearing or | 15 |
evidence is available that was not available at the extradition hearing; | |
(b) the issue or evidence would have resulted in the judge deciding the | |
relevant question differently; | |
(c) if he had decided the question in that way, he would not have been | |
required to order the person’s discharge. | 20 |
(6) If the court allows the appeal it must— | |
(a) quash the order discharging the person; | |
(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. | 25 |
(7) If the court makes a direction under subsection (1)(b) and the judge decides the | |
relevant question differently he must proceed as he would have been required | |
to do if he had decided that question differently at the extradition hearing. | |
(8) If the court makes a direction under subsection (1)(b) and the judge does not | |
decide the relevant question differently the appeal must be taken to have been | 30 |
dismissed by a decision of the High Court. | |
103 Detention pending conclusion of appeal under section 101 | |
(1) This section applies if immediately after the judge orders the person’s | |
discharge the judge is informed on behalf of the category 2 territory of an | |
intention to appeal under section 101. | 35 |
(2) The judge must remand the person in custody or on bail while the appeal is | |
pending. | |
(3) If the judge remands the person in custody he may later grant bail. | |
(4) An appeal under section 101 ceases to be pending at the earliest of these | |
times— | 40 |
(a) when the proceedings on the appeal are discontinued; | |
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(b) when the High Court dismisses the appeal, if the court is not | |
immediately informed on behalf of the category 2 territory of an | |
intention to apply for leave to appeal to the House of Lords; | |
(c) 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 against the decision | 5 |
of the High Court on the appeal is granted; | |
(d) when there is no further step that can be taken on behalf of the category | |
2 territory in relation to the appeal (ignoring any power of a court to | |
grant leave to take a step out of time). | |
(5) The preceding provisions of this section apply to Scotland with these | 10 |
modifications— | |
(a) in subsection (4)(b) omit the words from “if” to the end; | |
(b) omit subsection (4)(c). | |
104 Appeal against extradition order | |
(1) If the Secretary of State orders a person’s extradition under this Part, the | 15 |
person may appeal to the High Court against the order. | |
(2) But subsection (1) does not apply if the person has consented to his extradition | |
under section 123. | |
(3) An appeal under this section may be brought on a question of law or fact. | |
(4) Notice of an appeal under this section must be given in accordance with rules | 20 |
of court before the end of the permitted period, which is 14 days starting with | |
the day on which the Secretary of State informs the person of the order under | |
section 97(1). | |
105 Court’s powers on appeal under section 104 | |
(1) On an appeal under section 104 the High Court may— | 25 |
(a) allow the appeal; | |
(b) dismiss the appeal. | |
(2) The court may allow the appeal only if the conditions in subsection (3) or the | |
conditions in subsection (4) are satisfied. | |
(3) The conditions are that— | 30 |
(a) the Secretary of State ought to have decided a question before him | |
differently; | |
(b) if he had decided the question in the way he ought to have done, he | |
would not have ordered the person’s extradition. | |
(4) The conditions are that— | 35 |
(a) an issue is raised that was not raised when the case was being | |
considered by the Secretary of State or information is available that was | |
not available at that time; | |
(b) the issue or information would have resulted in the Secretary of State | |
deciding a question before him differently; | 40 |
(c) if he had decided the question in that way, he would not have ordered | |
the person’s extradition. | |
(5) If the court allows the appeal it must— | |
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(a) order the person’s discharge; | |
(b) quash the order for his extradition. | |
106 Appeal against discharge by Secretary of State | |
(1) If the Secretary of State makes an order for a person’s discharge under this Part, | |
an appeal to the High Court may be brought on behalf of the category 2 | 5 |
territory against the relevant decision. | |
(2) But subsection (1) does not apply if the order for the person’s discharge was | |
under section 119. | |
(3) The relevant decision is the decision which resulted in the order for the | |
person’s discharge. | 10 |
(4) An appeal under this section may be brought on a question of law or fact. | |
(5) Notice of an appeal under this section must be given in accordance with rules | |
of court before the end of the permitted period, which is 14 days starting with | |
the day on which (under section 97(4)) the Secretary of State informs a person | |
acting on behalf of the category 2 territory of the order. | 15 |
107 Court’s powers on appeal under section 106 | |
(1) On an appeal under section 106 the High Court may— | |
(a) allow the appeal; | |
(b) dismiss the appeal. | |
(2) The court may allow the appeal only if the conditions in subsection (3) or the | 20 |
conditions in subsection (4) are satisfied. | |
(3) The conditions are that— | |
(a) the Secretary of State ought to have decided a question before him | |
differently; | |
(b) if he had decided the question in the way he ought to have done, he | 25 |
would have ordered the person’s extradition. | |
(4) The conditions are that— | |
(a) an issue is raised that was not raised when the case was being | |
considered by the Secretary of State or information is available that was | |
not available at that time; | 30 |
(b) the issue or information would have resulted in the Secretary of State | |
deciding a question before him differently; | |
(c) if he had decided the question in that way, he would have ordered the | |
person’s extradition. | |
(5) If the court allows the appeal it must— | 35 |
(a) quash the order discharging the person; | |
(b) order the person’s extradition. | |
108 Detention pending conclusion of appeal under section 106 | |
(1) This section applies if immediately after the Secretary of State orders the | |
person’s discharge under this Part the Secretary of State is informed on behalf | 40 |
of the category 2 territory of an intention to appeal under section 106. | |
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(2) The judge must remand the person in custody or on bail while the appeal is | |
pending. | |
(3) If the judge remands the person in custody he may later grant bail. | |
(4) An appeal under section 106 ceases to be pending at the earliest of these | |
times— | 5 |
(a) when the proceedings on the appeal are discontinued; | |
(b) when the High Court dismisses the appeal, if the court is not | |
immediately informed on behalf of the category 2 territory of an | |
intention to apply for leave to appeal to the House of Lords; | |
(c) at the end of the permitted period, which is 28 days starting with the | 10 |
day on which leave to appeal to the House of Lords against the decision | |
of the High Court on the appeal is granted; | |
(d) when there is no further step that can be taken on behalf of the category | |
2 territory in relation to the appeal (ignoring any power of a court to | |
grant leave to take a step out of time). | 15 |
(5) The preceding provisions of this section apply to Scotland with these | |
modifications— | |
(a) in subsection (4)(b) omit the words from “if” to the end; | |
(b) omit subsection (4)(c). | |
109 Appeal to High Court: time limit for start of hearing | 20 |
(1) Rules of court must prescribe the period within which the High Court must | |
begin to hear an appeal under section 99, 101, 104 or 106. | |
(2) The High Court must begin to hear the appeal before the end of the period. | |
(3) If subsection (2) is not complied with and the appeal is under section 99 or | |
104— | 25 |
(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 | 30 |
quashed by the High Court. | |
(4) If subsection (2) is not complied with and the appeal is under section 101 or 106 | |
the appeal must be taken to have been dismissed by a decision of the High | |
Court. | |
110 Appeal to House of Lords | 35 |
(1) An appeal lies to the House of Lords from a decision of the High Court on an | |
appeal under section 99, 101, 104 or 106. | |
(2) An appeal under this section lies at the instance of— | |
(a) the person whose extradition is requested; | |
(b) a person acting on behalf of the category 2 territory. | 40 |
(3) An appeal under this section lies only with the leave of the High Court or the | |
House of Lords. | |
(4) Leave to appeal under this section must not be granted unless— | |
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(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 | |
to be considered by the House of Lords. | |
(5) An application to the High Court for leave to appeal under this section must be | 5 |
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 | |
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. | 10 |
(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. | |
(8) If subsection (7) is not complied with— | |
(a) the appeal must be taken to have been brought; | 15 |
(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 | 20 |
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 | 25 |
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 | 30 |
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. | |
111 Powers of House of Lords on appeal under section 110 | |
(1) On an appeal under section 110 the House of Lords may— | 35 |
(a) allow the appeal; | |
(b) dismiss the appeal. | |
(2) Subsection (3) applies if— | |
(a) the person whose extradition is requested brings an appeal under | |
section 110, and | 40 |
(b) the House of Lords allows the appeal. | |
(3) The House of Lords must— | |
(a) order the person’s discharge; | |
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