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(b) quash the order for his extradition, if the appeal was against a decision | |
of the High Court to dismiss an appeal under section 99 or 104 or to | |
allow an appeal under section 106. | |
(4) Subsection (5) applies if— | |
(a) the High Court allows an appeal under section 99 or 104 by the person | 5 |
whose extradition is requested or dismisses an appeal under section | |
106 by a person acting on behalf of the category 2 territory, | |
(b) a person acting on behalf of the category 2 territory brings an appeal | |
under section 110 against the decision of the High Court, and | |
(c) the House of Lords allows the appeal. | 10 |
(5) The House of Lords must— | |
(a) quash the order discharging the person made by the High Court under | |
section 100(5) or 105(5) or by the Secretary of State under this Part; | |
(b) order the person to be extradited to the category 2 territory. | |
(6) Subsection (7) applies if— | 15 |
(a) the High Court dismisses an appeal under section 101 against a | |
decision made by the judge at the extradition hearing, | |
(b) a person acting on behalf of the category 2 territory brings an appeal | |
under section 110 against the decision of the High Court, and | |
(c) the House of Lords allows the appeal. | 20 |
(7) The House of Lords must— | |
(a) quash the order of the judge discharging the person whose extradition | |
is requested; | |
(b) remit the case to the judge; | |
(c) direct him to proceed as he would have been required to do if he had | 25 |
decided the relevant question differently at the extradition hearing. | |
(8) A question is the relevant question if the judge’s decision on it resulted in the | |
order for the person’s discharge. | |
112 Appeals: general | |
A decision under this Part of the judge or the Secretary of State may be | 30 |
questioned in legal proceedings only by means of an appeal under this Part. | |
Time for extradition | |
113 Extradition where no appeal | |
(1) This section applies if— | |
(a) the Secretary of State orders a person’s extradition to a category 2 | 35 |
territory under this Part, and | |
(b) no notice of an appeal under section 99 or 104 is given 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 |
(2) The person must be extradited to the category 2 territory before the end of the | |
required period, which is 28 days starting with the day on which the Secretary | |
of State makes the order. | |
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(3) If subsection (2) is not complied with and the person applies to the appropriate | |
judge to be discharged the judge must order his discharge, unless reasonable | |
cause is shown for the delay. | |
(4) These must be ignored for the purposes of subsection (1)(b)— | |
(a) any power of a court to extend the period permitted for giving notice of | 5 |
appeal; | |
(b) any power of a court to grant leave to take a step out of time. | |
114 Extradition following appeal | |
(1) This section applies if— | |
(a) there is an appeal to the High Court under section 99, 104 or 106 against | 10 |
a decision or order relating to a person’s extradition to a category 2 | |
territory, and | |
(b) the effect of the decision of the relevant court on the appeal is that the | |
person is to be extradited there. | |
(2) The person must be extradited to the category 2 territory before the end of the | 15 |
required period, which is 28 days starting with— | |
(a) the day on which the decision of the relevant court on the appeal | |
becomes final, or | |
(b) the day on which proceedings on the appeal are discontinued. | |
(3) The relevant court is— | 20 |
(a) the High Court, if there is no appeal to the House of Lords against the | |
decision of the High Court on the appeal; | |
(b) the House of Lords, if there is such an appeal. | |
(4) The decision of the High Court on the appeal becomes final— | |
(a) when the period permitted for applying to the High Court for leave to | 25 |
appeal to the House of Lords ends, if there is no such application; | |
(b) when the period permitted for applying to the House of Lords for leave | |
to appeal to it ends, if the High Court refuses leave to appeal and there | |
is no application to the House of Lords for leave to appeal; | |
(c) when the House of Lords refuses leave to appeal to it; | 30 |
(d) 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 is granted, if no | |
such appeal is brought before the end of that period. | |
(5) These must be ignored for the purposes of subsection (4)— | |
(a) any power of a court to extend the period permitted for applying for | 35 |
leave to appeal; | |
(b) any power of a court to grant leave to take a step out of time. | |
(6) The decision of the House of Lords on the appeal becomes final when it is | |
made. | |
(7) If subsection (2) is not complied with and the person applies to the appropriate | 40 |
judge to be discharged the judge must order his discharge, unless reasonable | |
cause is shown for the delay. | |
(8) The preceding provisions of this section apply to Scotland with these | |
modifications— | |
(a) in subsections (1) and (2) for “relevant court” substitute “High Court”; | 45 |
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(b) omit subsections (3) to (6). | |
115 Undertaking in relation to person serving sentence in United Kingdom | |
(1) This section applies if— | |
(a) the Secretary of State orders a person’s extradition to a category 2 | |
territory under this Part; | 5 |
(b) the person is serving a sentence of imprisonment or another form of | |
detention in the United Kingdom. | |
(2) The Secretary of State may make the order for extradition subject to the | |
condition that extradition is not to take place before he receives an undertaking | |
given on behalf of the category 2 territory in terms specified by him. | 10 |
(3) The terms which may be specified by the Secretary of State in relation to a | |
person accused in a category 2 territory of the commission of an offence include | |
terms— | |
(a) that the person be kept in custody until the conclusion of the | |
proceedings against him for the offence and any other offence in | 15 |
respect of which he is permitted to be dealt with in the category 2 | |
territory; | |
(b) that the person be returned to the United Kingdom to serve the | |
remainder of his sentence on the conclusion of those proceedings. | |
(4) The terms which may be specified by the Secretary of State in relation to a | 20 |
person alleged to be unlawfully at large after conviction of an offence by a | |
court in a category 2 territory include terms that the person be returned to the | |
United Kingdom to serve the remainder of his sentence after serving any | |
sentence imposed on him in the category 2 territory for— | |
(a) the offence, and | 25 |
(b) any other offence in respect of which he is permitted to be dealt with in | |
the category 2 territory. | |
(5) If the Secretary of State makes an order for extradition subject to a condition | |
under subsection (2)— | |
(a) in a case where section 113 applies, the required period for the purposes | 30 |
of section 113(2) is 28 days starting with the day on which the Secretary | |
of State receives the undertaking; | |
(b) in a case where section 114 applies, the required period for the purposes | |
of section 114(2) is 28 days starting with the day on which the decision | |
of the relevant court on the appeal becomes final (within the meaning | 35 |
of that section) or (if later) the day on which the Secretary of State | |
receives the undertaking. | |
116 Extradition following deferral for competing claim | |
(1) This section applies if— | |
(a) an order is made under this Part for a person to be extradited to a | 40 |
category 2 territory in pursuance of a request for his extradition; | |
(b) before the person is extradited to the territory an order is made under | |
section 122(2) or 179(2) for the person’s extradition in pursuance of the | |
request to be deferred; | |
(c) the appropriate judge makes an order under section 181(3)(a) for the | 45 |
person’s extradition in pursuance of the request to cease to be deferred. | |
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(2) In a case where section 113 applies, the required period for the purposes of | |
section 113(2) is 28 days starting with the day on which the order under section | |
181(3)(a) is made. | |
(3) In a case where section 114 applies, the required period for the purposes of | |
section 114(2) is 28 days starting with the day on which the decision of the | 5 |
relevant court on the appeal becomes final (within the meaning of that section) | |
or (if later) the day on which the order under section 181(3)(a) is made. | |
117 Position where asylum claimed | |
(1) This section applies if— | |
(a) a person whose extradition is requested makes an asylum claim at any | 10 |
time in the relevant period; | |
(b) an order is made under this Part for the person to be extradited in | |
pursuance of the request. | |
(2) The relevant period is the period— | |
(a) starting when a certificate is issued under section 69 in respect of the | 15 |
request; | |
(b) ending when the person is extradited in pursuance of the request. | |
(3) The person must not be extradited in pursuance of the request before the | |
asylum claim is finally determined; and sections 113 and 114 have effect subject | |
to this. | 20 |
(4) If the Secretary of State allows the asylum claim, the claim is finally determined | |
when he makes his decision on the claim. | |
(5) If the Secretary of State rejects the asylum claim, the claim is finally | |
determined— | |
(a) when the period permitted for appealing against the Secretary of | 25 |
State’s decision on the claim ends, if there is no such appeal; | |
(b) when the appeal against that decision is finally determined or is | |
withdrawn or abandoned, if there is such an appeal. | |
(6) An appeal against the Secretary of State’s decision on an asylum claim is not | |
finally determined for the purposes of subsection (5) at any time when a further | 30 |
appeal or an application for leave to bring a further appeal— | |
(a) has been instituted and has not been finally determined or withdrawn | |
or abandoned, or | |
(b) may be brought. | |
(7) The remittal of an appeal is not a final determination for the purposes of | 35 |
subsection (6). | |
(8) The possibility of an appeal out of time with leave must be ignored for the | |
purposes of subsections (5) and (6). | |
(9) “Asylum claim” has the meaning given by section 113 of the Nationality, | |
Immigration and Asylum Act 2002 (c. 41). | 40 |
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