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Time for extradition | |
35 Extradition where no appeal | |
(1) This section applies if— | |
(a) the appropriate judge orders a person’s extradition to a category 1 | |
territory under this Part, and | 5 |
(b) no notice of an appeal under section 26 is given before the end of the | |
period permitted under that section. | |
(2) But this section does not apply if the order is made under section 45 or 47. | |
(3) The person must be extradited to the category 1 territory before the end of the | |
required period. | 10 |
(4) The required period is— | |
(a) 10 days starting with the day on which the judge makes the order, or | |
(b) if the judge and the authority which issued the Part 1 warrant agree a | |
later date, 10 days starting with the later date. | |
(5) If subsection (3) is not complied with and the person applies to the appropriate | 15 |
judge to be discharged the judge must order his discharge, unless reasonable | |
cause is shown for the delay. | |
(6) 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 | |
appeal; | 20 |
(b) any power of a court to grant leave to take a step out of time. | |
36 Extradition following appeal | |
(1) This section applies if— | |
(a) there is an appeal to the High Court under section 26 against an order | |
for a person’s extradition to a category 1 territory, and | 25 |
(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 1 territory before the end of the | |
required period. | |
(3) The required period is— | 30 |
(a) 10 days starting with the day on which the decision of the relevant court | |
on the appeal becomes final or proceedings on the appeal are | |
discontinued, or | |
(b) if the relevant court and the authority which issued the Part 1 warrant | |
agree a later date, 10 days starting with the later date. | 35 |
(4) The relevant court is— | |
(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. | |
(5) The decision of the High Court on the appeal becomes final— | 40 |
(a) when the period permitted for applying to the High Court for leave to | |
appeal to the House of Lords ends, if there is no such application; | |
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(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; | |
(d) at the end of the permitted period, which is 28 days starting with the | 5 |
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. | |
(6) These must be ignored for the purposes of subsection (5)— | |
(a) any power of a court to extend the period permitted for applying for | |
leave to appeal; | 10 |
(b) any power of a court to grant leave to take a step out of time. | |
(7) The decision of the House of Lords on the appeal becomes final when it is | |
made. | |
(8) 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 | 15 |
cause is shown for the delay. | |
(9) The preceding provisions of this section apply to Scotland with these | |
modifications— | |
(a) in subsections (1) and (3) for “relevant court” substitute “High Court”; | |
(b) omit subsections (4) to (7). | 20 |
37 Undertaking in relation to person serving sentence in United Kingdom | |
(1) This section applies if— | |
(a) the appropriate judge orders a person’s extradition to a category 1 | |
territory under this Part; | |
(b) the person is serving a sentence of imprisonment or another form of | 25 |
detention in the United Kingdom. | |
(2) But this section does not apply if the order is made under section 45 or 47. | |
(3) The judge 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 1 territory in terms specified by him. | 30 |
(4) The terms which may be specified by the judge in relation to a person accused | |
in a category 1 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 | |
respect of which he is permitted to be dealt with in the category 1 | 35 |
territory; | |
(b) that the person be returned to the United Kingdom to serve the | |
remainder of his sentence on the conclusion of those proceedings. | |
(5) The terms which may be specified by the judge in relation to a person alleged | |
to be unlawfully at large after conviction of an offence by a court in a category | 40 |
1 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 1 territory for— | |
(a) the offence, and | |
(b) any other offence in respect of which he is permitted to be dealt with in | 45 |
the category 1 territory. | |
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(6) If the judge makes an order for extradition subject to a condition under | |
subsection (3)— | |
(a) in a case where section 35 applies, the required period for the purposes | |
of section 35(3) is 10 days starting with the day on which the judge | |
receives the undertaking; | 5 |
(b) in a case where section 36 applies, the required period for the purposes | |
of section 36(2) is 10 days starting with the day on which the decision | |
of the relevant court on the appeal becomes final (within the meaning | |
of that section) or (if later) the day on which the judge receives the | |
undertaking. | 10 |
38 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 | |
category 1 territory in pursuance of a Part 1 warrant; | |
(b) before the person is extradited to the territory an order is made under | 15 |
section 43(4)(b) or 179(2)(b) for the person’s extradition in pursuance of | |
the warrant to be deferred; | |
(c) the appropriate judge makes an order under section 181(3)(a) for the | |
person’s extradition in pursuance of the warrant to cease to be | |
deferred. | 20 |
(2) But this section does not apply if the order for the person’s extradition is made | |
under section 45 or 47. | |
(3) In a case where section 35 applies, the required period for the purposes of | |
section 35(3) is 10 days starting with the day on which the order under section | |
181(3)(a) is made. | 25 |
(4) In a case where section 36 applies, the required period for the purposes of | |
section 36(2) is 10 days starting with the day on which the decision of the | |
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. | |
39 Position where asylum claimed | 30 |
(1) This section applies if— | |
(a) a person in respect of whom a Part 1 warrant is issued makes an asylum | |
claim at any time in the relevant period; | |
(b) an order is made under this Part for the person to be extradited in | |
pursuance of the warrant. | 35 |
(2) The relevant period is the period— | |
(a) starting when a certificate is issued under section 2 in respect of the | |
warrant; | |
(b) ending when the person is extradited in pursuance of the warrant. | |
(3) The person must not be extradited in pursuance of the warrant before the | 40 |
asylum claim is finally determined; and sections 35, 36, 46 and 48 have effect | |
subject to this. | |
(4) If the Secretary of State allows the asylum claim, the claim is finally determined | |
when he makes his decision on the claim. | |
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(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 | |
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 | 5 |
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 | |
appeal or an application for leave to bring a further appeal— | |
(a) has been instituted and has not been finally determined or withdrawn | 10 |
or abandoned, or | |
(b) may be brought. | |
(7) The remittal of an appeal is not a final determination for the purposes of | |
subsection (6). | |
(8) The possibility of an appeal out of time with leave must be ignored for the | 15 |
purposes of subsections (5) and (6). | |
(9) If the Secretary of State rejects the asylum claim and certifies that the asylum | |
claim is clearly unfounded, subsection (5) does not apply and the asylum claim | |
is finally determined when it is rejected by the Secretary of State. | |
(10) If a certificate is issued under subsection (9) with respect to an asylum claim | 20 |
and the person who made the claim brings an appeal against the Secretary of | |
State’s decision on the claim after he has been extradited, the appeal must be | |
considered as if he had not been removed from the United Kingdom. | |
(11) “Asylum claim” has the meaning given by section 113 of the Nationality, | |
Immigration and Asylum Act 2002 (c. 41). | 25 |
Withdrawal of Part 1 warrant | |
40 Withdrawal of warrant before extradition | |
(1) This section applies if at any time in the relevant period the appropriate judge | |
is informed by the designated authority that a Part 1 warrant issued in respect | |
of a person has been withdrawn. | 30 |
(2) The relevant period is the period— | |
(a) starting when the person is first brought before the appropriate judge | |
following his arrest under this Part; | |
(b) ending when the person is extradited in pursuance of the warrant or | |
discharged. | 35 |
(3) The judge must order the person’s discharge. | |
(4) If the person is not before the judge at the time the judge orders his discharge, | |
the judge must inform him of the order. | |
41 Withdrawal of warrant while appeal to High Court pending | |
(1) This section applies if at any time in the relevant period the High Court is | 40 |
informed by the designated authority that a Part 1 warrant issued in respect of | |
a person has been withdrawn. | |
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(2) The relevant period is the period— | |
(a) starting when notice of an appeal to the court is given by the person or | |
the authority which issued the warrant; | |
(b) ending when proceedings on the appeal are discontinued or the court | |
makes its decision on the appeal. | 5 |
(3) The court must— | |
(a) if the appeal is under section 26, order the person’s discharge and | |
quash the order for his extradition; | |
(b) if the appeal is under section 28, dismiss the appeal. | |
(4) If the person is not before the court at the time the court orders his discharge, | 10 |
the court must inform him of the order. | |
42 Withdrawal of warrant while appeal to House of Lords pending | |
(1) This section applies if at any time in the relevant period the House of Lords is | |
informed by the designated authority that a Part 1 warrant issued in respect of | |
a person has been withdrawn. | 15 |
(2) The relevant period is the period— | |
(a) starting when leave to appeal to the House of Lords is granted to the | |
person or the authority which issued the warrant; | |
(b) ending when proceedings on the appeal are discontinued or the House | |
of Lords makes its decision on the appeal. | 20 |
(3) If the appeal is brought by the person in respect of whom the warrant was | |
issued the House of Lords must— | |
(a) order the person’s discharge; | |
(b) quash the order for his extradition, in a case where the appeal was | |
against a decision of the High Court to dismiss an appeal under section | 25 |
26. | |
(4) If the appeal is brought by the authority which issued the warrant the House | |
of Lords must dismiss the appeal. | |
(5) If the person is not before the House of Lords at the time it orders his discharge, | |
the House of Lords must inform him of the order. | 30 |
Competing Part 1 warrants | |
43 Competing Part 1 warrants | |
(1) This section applies if at any time in the relevant period the conditions in | |
subsection (3) are satisfied in relation to a person in respect of whom a Part 1 | |
warrant has been issued. | 35 |
(2) The relevant period is the period— | |
(a) starting when the person is first brought before the appropriate judge | |
following his arrest under this Part; | |
(b) ending when the person is extradited in pursuance of the warrant or | |
discharged. | 40 |
(3) The conditions are that— | |
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(a) the judge is informed that another Part 1 warrant has been issued in | |
respect of the person; | |
(b) the other warrant falls to be dealt with by the judge or by a judge who | |
is the appropriate judge in another part of the United Kingdom; | |
(c) the other warrant has not been disposed of. | 5 |
(4) The judge may— | |
(a) order further proceedings on the warrant under consideration to be | |
deferred until the other warrant has been disposed of, if the warrant | |
under consideration has not been disposed of; | |
(b) order the person’s extradition in pursuance of the warrant under | 10 |
consideration to be deferred until the other warrant has been disposed | |
of, if an order for his extradition in pursuance of the warrant under | |
consideration has been made. | |
(5) If the judge makes an order under subsection (4) and the person is not already | |
remanded in custody or on bail, the judge must remand the person in custody | 15 |
or on bail. | |
(6) If the judge remands the person in custody he may later grant bail. | |
(7) In applying subsection (4) the judge must take account in particular of these | |
matters— | |
(a) the relative seriousness of the offences concerned; | 20 |
(b) the place where each offence was committed (or was alleged to have | |
been committed); | |
(c) the date on which each warrant was issued; | |
(d) whether, in the case of each offence, the person is accused of its | |
commission (but not alleged to have been convicted) or is alleged to be | 25 |
unlawfully at large after conviction. | |
Consent to extradition | |
44 Consent to extradition | |
(1) A person arrested under a Part 1 warrant may consent to his extradition to the | |
category 1 territory in which the warrant was issued. | 30 |
(2) A person arrested under section 5 may consent to his extradition to the | |
category 1 territory referred to in subsection (1) of that section. | |
(3) If a person consents to his extradition under this section he must be taken to | |
have waived any right he would have (apart from the consent) not to be dealt | |
with in the category 1 territory for an offence committed before his extradition. | 35 |
(4) Consent under this section— | |
(a) must be given before the appropriate judge; | |
(b) must be recorded in writing; | |
(c) is irrevocable. | |
45 Extradition order following consent | 40 |
(1) This section applies if a person consents to his extradition under section 44. | |
(2) The judge must remand the person in custody or on bail. | |
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(3) If the judge remands the person in custody he may later grant bail. | |
(4) If the judge has not fixed a date under section 8 on which the extradition | |
hearing is to begin he is not required to do so. | |
(5) If the extradition hearing has begun the judge is no longer required to proceed | |
or continue proceeding under sections 10 to 25. | 5 |
(6) The judge must within the period of 10 days starting with the day on which | |
consent is given order the person’s extradition to the category 1 territory. | |
(7) Subsection (6) has effect subject to sections 47 and 50. | |
(8) If subsection (6) is not complied with and the person applies to the judge to be | |
discharged the judge must order his discharge. | 10 |
46 Extradition to category 1 territory following consent | |
(1) This section applies if the appropriate judge makes an order under section | |
45(6) for a person’s extradition to a category 1 territory. | |
(2) The person must be extradited to the category 1 territory before the end of the | |
required period. | 15 |
(3) The required period is— | |
(a) 10 days starting with the day on which the order is made, or | |
(b) if the judge and the authority which issued the Part 1 warrant agree a | |
later date, 10 days starting with the later date. | |
(4) If subsection (2) is not complied with and the person applies to the judge to be | 20 |
discharged the judge must order his discharge, unless reasonable cause is | |
shown for the delay. | |
(5) If before the person is extradited to the category 1 territory the judge is | |
informed by the designated authority that the Part 1 warrant has been | |
withdrawn— | 25 |
(a) subsection (2) does not apply, and | |
(b) the judge must order the person’s discharge. | |
47 Other warrant issued following consent | |
(1) This section applies if— | |
(a) a person consents under section 44 to his extradition to a category 1 | 30 |
territory, and | |
(b) the conditions in subsection (2) are satisfied before the judge orders his | |
extradition under section 45(6). | |
(2) The conditions are that— | |
(a) the judge is informed that another Part 1 warrant has been issued in | 35 |
respect of the person; | |
(b) the warrant falls to be dealt with by the judge or by a judge who is the | |
appropriate judge in another part of the United Kingdom; | |
(c) the warrant has not been disposed of. | |
(3) Section 45(6) does not apply but the judge may— | 40 |
(a) order the person’s extradition in pursuance of his consent, or | |
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