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(g) an offence in respect of which the person waives the right that he would | |
have (but for this paragraph) not to be dealt with for the offence. | |
(4) The condition is that the person is given an opportunity to leave the category 1 | |
territory and— | |
(a) he does not do so before the end of the permitted period, or | 5 |
(b) if he does so before the end of the permitted period, he returns there. | |
(5) The permitted period is 45 days starting with the day on which the person | |
arrives in the category 1 territory. | |
(6) Arrangements made with a category 1 territory which is a Commonwealth | |
country or a British overseas territory may be made for a particular case or | 10 |
more generally. | |
(7) A certificate issued by or under the authority of the Secretary of State | |
confirming the existence of arrangements with a category 1 territory which is | |
a Commonwealth country or a British overseas territory and stating the terms | |
of the arrangements is conclusive evidence of those matters. | 15 |
18 Earlier extradition to United Kingdom from category 1 territory | |
A person’s extradition to a category 1 territory is barred by reason of his earlier | |
extradition to the United Kingdom from another category 1 territory if (and | |
only if)— | |
(a) the person was extradited to the United Kingdom from another | 20 |
category 1 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 1 territory in respect of the | |
extradition offence under consideration; | 25 |
(c) that consent has not been given on behalf of the extraditing territory | |
and the arrangements do not treat it as having been given. | |
19 Earlier extradition to United Kingdom from non-category 1 territory | |
A person’s extradition to a category 1 territory is barred by reason of his earlier | |
extradition to the United Kingdom from a non-category 1 territory if (and only | 30 |
if)— | |
(a) the person was extradited to the United Kingdom from a territory that | |
is not a category 1 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 being dealt | 35 |
with in the United Kingdom in respect of the extradition offence under | |
consideration; | |
(c) consent has not been given on behalf of the extraditing territory to the | |
person’s extradition from the United Kingdom to the category 1 | |
territory in respect of the extradition offence under consideration. | 40 |
20 Case where person has been convicted | |
(1) If the judge is required to proceed under this section (by virtue of section 11) | |
he must decide— | |
(a) whether the person was convicted in his presence or in his absence; | |
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(b) if he was convicted in his absence, whether he deliberately absented | |
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. | 5 |
(2) The judge must order the person’s discharge if he decides that he— | |
(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. | 10 |
(3) The judge must proceed under section 21 if he decides that the person— | |
(a) was convicted in his presence, or | |
(b) was convicted in his absence and deliberately absented himself from | |
his trial, or | |
(c) was convicted in his absence, did not deliberately absent himself from | 15 |
his trial and would be entitled to a retrial or (on appeal) to a review | |
amounting to a retrial. | |
21 Human rights | |
(1) If the judge is required to proceed under this section (by virtue of section 11 or | |
20) he must decide whether the person’s extradition would be compatible with | 20 |
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. | |
(3) If the judge decides that question in the affirmative he must order the person | 25 |
to be extradited to the category 1 territory in which the warrant was issued. | |
(4) If the judge makes an order under subsection (3) he must remand the person in | |
custody or on bail to wait for his extradition to the category 1 territory. | |
(5) If the judge remands the person in custody he may later grant bail. | |
Matters arising before end of extradition hearing | 30 |
22 Person charged with offence in United Kingdom | |
(1) This section applies if at any time in the extradition hearing the judge is | |
informed that the person in respect of whom the Part 1 warrant is issued is | |
charged with an offence in the United Kingdom. | |
(2) The judge must adjourn the extradition hearing until one of these occurs— | 35 |
(a) the charge is disposed of; | |
(b) the charge is withdrawn; | |
(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. | 40 |
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(3) If a sentence of imprisonment or another form of detention is imposed in | |
respect of the offence charged, the judge may adjourn the extradition hearing | |
until the sentence has been served. | |
(4) If before he adjourns the extradition hearing under subsection (2) the judge has | |
decided under section 11 whether the person’s extradition is barred by reason | 5 |
of the rule against double jeopardy, the judge must decide that question again | |
after the resumption of the hearing. | |
23 Person serving sentence in United Kingdom | |
(1) This section applies if at any time in the extradition hearing the judge is | |
informed that the person in respect of whom the Part 1 warrant is issued is | 10 |
serving a sentence of imprisonment or another form of detention in the United | |
Kingdom. | |
(2) The judge may adjourn the extradition hearing until the sentence has been | |
served. | |
24 Extradition request | 15 |
(1) This section applies if at any time in the extradition hearing the judge is | |
informed that— | |
(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; | 20 |
(c) an order has been made under section 179(2) for further proceedings on | |
the warrant to be deferred until the request has been disposed of. | |
(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. | |
25 Physical or mental condition | 25 |
(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 in respect | |
of whom the Part 1 warrant is issued is such that it would be unjust or | |
oppressive to extradite him. | 30 |
(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. | |
Appeals | 35 |
26 Appeal against extradition order | |
(1) If the appropriate judge orders a person’s extradition under this Part, the | |
person may appeal to the High Court against the order. | |
(2) But subsection (1) does not apply if the order is made under section 45 or 47. | |
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(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 | |
of court before the end of the permitted period, which is 7 days starting with | |
the day on which the order is made. | |
27 Court’s powers on appeal under section 26 | 5 |
(1) On an appeal under section 26 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 | |
conditions in subsection (4) are satisfied. | 10 |
(3) The conditions are that— | |
(a) the appropriate judge ought to have decided a question before him at | |
the 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. | 15 |
(4) The conditions are that— | |
(a) an issue is raised that was not raised at the extradition hearing or | |
evidence is available that was not available at the extradition hearing; | |
(b) the issue or evidence would have resulted in the appropriate judge | |
deciding a question before him at the extradition hearing differently; | 20 |
(c) if he had decided the question in that way, he would have been | |
required to order the person’s discharge. | |
(5) If the court allows the appeal it must— | |
(a) order the person’s discharge; | |
(b) quash the order for his extradition. | 25 |
28 Appeal against discharge at extradition hearing | |
(1) If the judge orders a person’s discharge at the extradition hearing the authority | |
which issued the Part 1 warrant may appeal to the High Court against the | |
relevant decision. | |
(2) But subsection (1) does not apply if the order for the person’s discharge was | 30 |
under section 40. | |
(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 | 35 |
of court before the end of the permitted period, which is 7 days starting with | |
the day on which the order for the person’s discharge is made. | |
29 Court’s powers on appeal under section 28 | |
(1) On an appeal under section 28 the High Court may— | |
(a) allow the appeal; | 40 |
(b) dismiss the appeal. | |
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(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 the relevant question differently; | |
(b) if he had decided the question in the way he ought to have done, he | 5 |
would not 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 | |
evidence is available that was not available at the extradition hearing; | |
(b) the issue or evidence would have resulted in the judge deciding the | 10 |
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. | |
(5) If the court allows the appeal it must— | |
(a) quash the order discharging the person; | 15 |
(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. | |
(6) A question is the relevant question if the judge’s decision on it resulted in the | |
order for the person’s discharge. | 20 |
30 Detention pending conclusion of appeal under section 28 | |
(1) This section applies if immediately after the judge orders the person’s | |
discharge the judge is informed by the authority which issued the Part 1 | |
warrant that it intends to appeal under section 28. | |
(2) The judge must remand the person in custody or on bail while the appeal is | 25 |
pending. | |
(3) If the judge remands the person in custody he may later grant bail. | |
(4) An appeal under section 28 ceases to be pending at the earliest of these times— | |
(a) when the proceedings on the appeal are discontinued; | |
(b) when the High Court dismisses the appeal, if the authority does not | 30 |
immediately inform the court that it intends 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 | |
of the High Court on the appeal is granted; | 35 |
(d) when there is no further step that can be taken by the authority which | |
issued the Part 1 warrant 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 | |
modifications— | 40 |
(a) in subsection (4)(b) omit the words from “if” to the end; | |
(b) omit subsection (4)(c). | |
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