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(b) order further proceedings on the warrant under consideration to be | |
deferred until the other warrant has been disposed of. | |
(4) Subsection (3) is subject to section 50. | |
(5) In applying subsection (3) the judge must take account in particular of these | |
matters— | 5 |
(a) the relative seriousness of the offences concerned; | |
(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 | 10 |
commission (but not alleged to have been convicted) or is alleged to be | |
unlawfully at large after conviction. | |
48 Other warrant issued: extradition to category 1 territory | |
(1) This section applies if the appropriate judge makes an order under section | |
47(3)(a) for a person’s extradition to a category 1 territory. | 15 |
(2) The person must be extradited to the category 1 territory before the end of the | |
required period. | |
(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 | 20 |
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 | |
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 | 25 |
informed by the designated authority that the Part 1 warrant has been | |
withdrawn— | |
(a) subsection (2) does not apply, and | |
(b) the judge must order the person’s discharge. | |
49 Other warrant issued: proceedings deferred | 30 |
(1) This section applies if the appropriate judge makes an order under section | |
47(3)(b) for further proceedings on a Part 1 warrant to be deferred. | |
(2) The judge must remand the person in respect of whom the warrant was issued | |
in custody or on bail. | |
(3) If the judge remands the person in custody he may later grant bail. | 35 |
(4) If an order is made under section 180 for proceedings on the warrant to be | |
resumed, the period specified in section 45(6) must be taken to be 10 days | |
starting with the day on which the order under section 180 is made. | |
50 Extradition request following consent | |
(1) This section applies if— | 40 |
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| |
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(a) a person in respect of whom a Part 1 warrant is issued consents under | |
section 44 to his extradition to the category 1 territory in which the | |
warrant was issued, and | |
(b) the condition in subsection (2) is satisfied before the judge orders his | |
extradition under section 45(6) or 47(3)(a). | 5 |
(2) The condition is that 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; | |
(c) no order has been made under section 179(2). | 10 |
(3) The judge must not make an order under section 45(6) or 47(3) until he is | |
informed what order has been made under section 179(2). | |
(4) If the order under section 179(2) is for further proceedings on the warrant to be | |
deferred until the request has been disposed of, the judge must remand the | |
person in custody or on bail. | 15 |
(5) If the judge remands the person in custody he may later grant bail. | |
(6) If— | |
(a) the order under section 179(2) is for further proceedings on the warrant | |
to be deferred until the request has been disposed of, and | |
(b) an order is made under section 180 for proceedings on the warrant to | 20 |
be resumed, | |
the period specified in section 45(6) must be taken to be 10 days starting with | |
the day on which the order under section 180 is made. | |
(7) If the the order under section 179(2) is for further proceedings on the request to | |
be deferred until the warrant has been disposed of, the period specified in | 25 |
section 45(6) must be taken to be 10 days starting with the day on which the | |
judge is informed of the order. | |
Post-extradition matters | |
51 Request for consent to other offence being dealt with | |
(1) This section applies if— | 30 |
(a) a person is extradited to a category 1 territory in respect of an offence | |
in accordance with this Part; | |
(b) the appropriate judge receives a request for consent to the person being | |
dealt with in the category 1 territory for another offence; | |
(c) the request is certified under this section by the designated authority. | 35 |
(2) The designated authority may certify a request for consent under this section | |
if it believes that the authority making the request— | |
(a) is an authority of the category 1 territory, and | |
(b) has the function of making requests for the consent referred to in | |
subsection (1)(b) in that territory. | 40 |
(3) A certificate under subsection (2) must certify that the authority making the | |
request falls within paragraphs (a) and (b) of that subsection. | |
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| |
(4) The consent hearing must begin before the end of the required period, which | |
is 21 days starting with the day on which the request for consent is received by | |
the designated authority. | |
(5) The judge may extend the required period if he believes there are exceptional | |
circumstances; and this subsection may apply more than once. | 5 |
(6) The power in subsection (5) may be exercised even after the end of the required | |
period. | |
(7) If the consent hearing does not begin before the end of the required period and | |
the person applies to the judge and shows reasonable cause for consent to be | |
refused, the judge must refuse consent. | 10 |
(8) The judge may at any time adjourn the consent hearing. | |
(9) The consent hearing is the hearing at which the judge is to consider the request | |
for consent. | |
52 Questions for decision at consent hearing | |
(1) At the consent hearing under section 51 the judge must decide whether consent | 15 |
is required to the person being dealt with in the category 1 territory for the | |
offence for which consent is requested. | |
(2) If the judge decides the question in subsection (1) in the negative he must | |
inform the authority making the request of his decision. | |
(3) If the judge decides that question in the affirmative he must decide whether the | 20 |
offence for which consent is requested is an extradition offence. | |
(4) If the judge decides the question in subsection (3) in the negative he must | |
refuse consent. | |
(5) If the judge decides that question in the affirmative he must decide whether he | |
would order the person’s extradition under sections 11 to 25 if— | 25 |
(a) the person were in the United Kingdom, and | |
(b) the judge were required to proceed under section 11 in respect of the | |
offence for which consent is requested. | |
(6) If the judge decides the question in subsection (5) in the affirmative he must | |
give consent. | 30 |
(7) If the judge decides that question in the negative he must refuse consent. | |
53 Presumed consent to other offence being dealt with | |
(1) This section applies if— | |
(a) a person is extradited to a category 1 territory in respect of an offence | |
in accordance with this Part; | 35 |
(b) the category 1 territory and the United Kingdom have each given a | |
notification under article 27.1 of the European framework decision in | |
relation to another offence (presumed consent to other offence being | |
dealt with). | |
(2) The appropriate judge is to be treated as having given consent to the person | 40 |
being dealt with in the category 1 territory for the other offence. | |
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(3) But subsection (2) does not apply if the judge who orders the extradition makes | |
a statement to that effect in the person’s case. | |
54 Request for consent to further extradition to category 1 territory | |
(1) This section applies if— | |
(a) a person is extradited to a category 1 territory (the requesting territory) | 5 |
in accordance with this Part; | |
(b) the appropriate judge receives a request for consent to the person’s | |
extradition to another category 1 territory for an offence; | |
(c) the request is certified under this section by the designated authority. | |
(2) The designated authority may certify a request for consent under this section | 10 |
if it believes that the authority making the request— | |
(a) is an authority of the requesting territory, and | |
(b) has the function of making requests for the consent referred to in | |
subsection (1)(b) in that territory. | |
(3) A certificate under subsection (2) must certify that the authority making the | 15 |
request falls within paragraphs (a) and (b) of that subsection. | |
(4) The consent hearing must begin before the end of the required period, which | |
is 21 days starting with the day on which the request for consent is received by | |
the designated authority. | |
(5) The judge may extend the required period if he believes there are exceptional | 20 |
circumstances; and this subsection may apply more than once. | |
(6) The power in subsection (5) may be exercised even after the end of the required | |
period. | |
(7) If the consent hearing does not begin before the end of the required period and | |
the person applies to the judge and shows reasonable cause for consent to be | 25 |
refused, the judge must refuse consent. | |
(8) The judge may at any time adjourn the consent hearing. | |
(9) The consent hearing is the hearing at which the judge is to consider the request | |
for consent. | |
55 Questions for decision at consent hearing | 30 |
(1) At the consent hearing under section 54 the judge must decide whether consent | |
is required to the person’s extradition to the other category 1 territory for the | |
offence. | |
(2) If the judge decides the question in subsection (1) in the negative he must | |
inform the authority making the request of his decision. | 35 |
(3) If the judge decides that question in the affirmative he must decide whether the | |
offence is an extradition offence in relation to the category 1 territory referred | |
to in section 54(1)(b). | |
(4) If the judge decides the question in subsection (3) in the negative he must | |
refuse consent. | 40 |
(5) If the judge decides that question in the affirmative he must decide whether he | |
would order the person’s extradition under sections 11 to 25 if— | |
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| |
(a) the person were in the United Kingdom, and | |
(b) the judge were required to proceed under section 11 in respect of the | |
offence for which consent is requested. | |
(6) If the judge decides the question in subsection (5) in the affirmative he must | |
give consent. | 5 |
(7) If the judge decides that question in the negative he must refuse consent. | |
56 Presumed consent to further extradition to category 1 territory | |
(1) This section applies if— | |
(a) a person is extradited to a category 1 territory in accordance with this | |
Part; | 10 |
(b) the category 1 territory and the United Kingdom have each given a | |
notification under article 28.1 of the European framework decision in | |
relation to an offence (presumed consent to further extradition). | |
(2) The appropriate judge is to be treated as having given consent to the person’s | |
extradition to another category 1 territory in respect of the offence. | 15 |
(3) But subsection (2) does not apply if the judge who orders the extradition makes | |
a statement to that effect in the person’s case. | |
57 Consent to further extradition to category 2 territory | |
(1) This section applies if— | |
(a) a person is extradited to a category 1 territory in accordance with this | 20 |
Part; | |
(b) the appropriate judge receives a request for consent to the person’s | |
extradition to a category 2 territory for an offence; | |
(c) the request is certified under this section by the designated authority. | |
(2) The designated authority may certify a request for consent under this section | 25 |
if it believes that the authority making the request— | |
(a) is an authority of the category 1 territory, and | |
(b) has the function of making requests for the consent referred to in | |
subsection (1)(b) in that territory. | |
(3) A certificate under subsection (2) must certify that the authority making the | 30 |
request falls within paragraphs (a) and (b) of that subsection. | |
(4) The judge must decide whether the offence is an extradition offence within the | |
meaning given by section 136 in relation to the category 2 territory. | |
(5) If the judge decides the question in subsection (4) in the negative he must | |
refuse consent. | 35 |
(6) If the judge decides that question in the affirmative he must decide whether he | |
would send the case to the Secretary of State (for his decision whether the | |
person was to be extradited) under sections 78 to 88 if— | |
(a) the person were in the United Kingdom, and | |
(b) the judge were required to proceed under section 78 in respect of the | 40 |
offence for which his consent is requested. | |
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(7) If the judge decides the question in subsection (6) in the affirmative he must | |
send the case to the Secretary of State for him to decide whether to give | |
consent. | |
(8) If the judge decides that question in the negative he must refuse consent. | |
(9) If the judge sends the case to the Secretary of State under subsection (7) the | 5 |
Secretary of State must decide whether, if the person were in the United | |
Kingdom, his extradition to the category 2 territory in respect of the offence | |
would be prohibited under section 91, 92 or 93. | |
(10) If the Secretary of State decides the question in subsection (9) in the negative he | |
must give consent. | 10 |
(11) If the Secretary of State decides that question in the affirmative he must refuse | |
consent. | |
(12) If the appropriate judge is the sheriff of Lothian and Borders, the preceding | |
provisions of this section apply as if the references to the Secretary of State | |
were to the Scottish Ministers. | 15 |
58 Return of person to serve remainder of sentence | |
(1) This section applies if— | |
(a) a person who is serving a sentence of imprisonment or another form of | |
detention in the United Kingdom is extradited to a category 1 territory | |
in accordance with this Part; | 20 |
(b) the person is returned to the United Kingdom to serve the remainder of | |
his sentence. | |
(2) The person is liable to be detained in pursuance of his sentence. | |
(3) If he is at large he must be treated as being unlawfully at large. | |
(4) Time during which the person was not in the United Kingdom as a result of his | 25 |
extradition does not count as time served by him as part of his sentence. | |
Costs | |
59 Costs where extradition ordered | |
(1) This section applies if any of the following occurs in relation to a person in | |
respect of whom a Part 1 warrant is issued— | 30 |
(a) an order for the person’s extradition is made under this Part; | |
(b) the High Court dismisses an appeal under section 26; | |
(c) the High Court or the House of Lords dismisses an application for leave | |
to appeal to the House of Lords under section 32, if the application is | |
made by the person; | 35 |
(d) the House of Lords dismisses an appeal under section 32, if the appeal | |
is brought by the person. | |
(2) In a case falling within subsection (1)(a), the appropriate judge may make such | |
order as he considers just and reasonable with regard to the costs to be paid by | |
the person. | 40 |
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(3) In a case falling within subsection (1)(b), (c) or (d), the court by which the | |
application or appeal is dismissed may make such order as it considers just and | |
reasonable with regard to the costs to be paid by the person. | |
(4) An order for costs under this section— | |
(a) must specify their amount; | 5 |
(b) may name the person to whom they are to be paid. | |
60 Costs where discharge ordered | |
(1) This section applies if any of the following occurs in relation to a person in | |
respect of whom a Part 1 warrant is issued— | |
(a) an order for the person’s discharge is made under this Part; | 10 |
(b) the person is taken to be discharged under this Part; | |
(c) the High Court dismisses an appeal under section 28; | |
(d) the High Court or the House of Lords dismisses an application for leave | |
to appeal to the House of Lords under section 32, if the application is | |
made by the authority which issued the warrant; | 15 |
(e) the House of Lords dismisses an appeal under section 32, if the appeal | |
is brought by the authority which issued the warrant. | |
(2) In a case falling within subsection (1)(a), an order under subsection (5) in | |
favour of the person may be made by— | |
(a) the appropriate judge, if the order for the person’s discharge is made | 20 |
by him; | |
(b) the High Court, if the order for the person’s discharge is made by it; | |
(c) the House of Lords, if the order for the person’s discharge is made by it. | |
(3) In a case falling within subsection (1)(b), the appropriate judge may make an | |
order under subsection (5) in favour of the person. | 25 |
(4) In a case falling within subsection (1)(c), (d) or (e), the court by which the | |
application or appeal is dismissed may make an order under subsection (5) in | |
favour of the person. | |
(5) An order under this subsection in favour of a person is an order for a payment | |
of the appropriate amount to be made to the person out of money provided by | 30 |
Parliament. | |
(6) The appropriate amount is such amount as the judge or court making the order | |
under subsection (5) considers reasonably sufficient to compensate the person | |
in whose favour the order is made for any expenses properly incurred by him | |
in the proceedings under this Part. | 35 |
(7) But if the judge or court making an order under subsection (5) is of the opinion | |
that there are circumstances which make it inappropriate that the person in | |
whose favour the order is made should recover the full amount mentioned in | |
subsection (6), the judge or court must— | |
(a) assess what amount would in his or its opinion be just and reasonable; | 40 |
(b) specify that amount in the order as the appropriate amount. | |
(8) Unless subsection (7) applies, the appropriate amount— | |
(a) must be specified in the order, if the court considers it appropriate for | |
it to be so specified and the person in whose favour the order is made | |
agrees the amount; | 45 |
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