|
| |
| |
77 Initial stages of extradition hearing | |
(1) This section applies if a person alleged to be the person whose extradition is | |
requested appears or is brought before the appropriate judge for the | |
extradition hearing. | |
(2) The judge must decide whether the documents sent to him under section 69 | 5 |
consist of (or include)— | |
(a) the documents referred to in section 69(9); | |
(b) particulars of the person whose extradition is requested; | |
(c) particulars of the offence specified in the request; | |
(d) in the case of a person accused of an offence, a warrant for his arrest | 10 |
issued in the category 2 territory; | |
(e) in the case of a person alleged to be unlawfully at large after conviction | |
of an offence, a certificate issued in the category 2 territory of the | |
conviction and (if he has been sentenced) of the sentence. | |
(3) If the judge decides the question in subsection (2) in the negative he must order | 15 |
the person’s discharge. | |
(4) If the judge decides that question in the affirmative he must decide whether— | |
(a) the person appearing or brought before him is the person whose | |
extradition is requested; | |
(b) the offence specified in the request is an extradition offence; | 20 |
(c) copies of the documents sent to the judge under section 69 have been | |
served on the person. | |
(5) If the judge decides any of the questions in subsection (4) in the negative he | |
must order the person’s discharge. | |
(6) If the judge decides those questions in the affirmative he must proceed under | 25 |
section 78. | |
(7) The reference in subsection (2)(d) to a warrant for a person’s arrest includes a | |
reference to a judicial document authorising his arrest. | |
78 Bars to extradition | |
(1) If the judge is required to proceed under this section he must decide whether | 30 |
the person’s extradition to the category 2 territory is barred by reason of— | |
(a) the rule against double jeopardy; | |
(b) extraneous considerations; | |
(c) the passage of time; | |
(d) hostage-taking considerations. | 35 |
(2) Sections 79 to 82 apply for the interpretation of subsection (1). | |
(3) If the judge decides any of the questions in subsection (1) in the affirmative he | |
must order the person’s discharge. | |
(4) If the judge decides those questions in the negative and the person is accused | |
of the commission of the extradition offence but is not alleged to be unlawfully | 40 |
at large after conviction of it, the judge must proceed under section 83. | |
(5) If the judge decides those questions in the negative and the person is alleged to | |
be unlawfully at large after conviction of the extradition offence, the judge | |
must proceed under section 84. | |
| |
| |
|
| |
| |
79 Rule against double jeopardy | |
A person’s extradition to a category 2 territory is barred by reason of the rule | |
against double jeopardy if (and only if) it appears that he would be entitled to | |
be discharged under any rule of law relating to previous acquittal or conviction | |
if he were charged with the extradition offence in the part of the United | 5 |
Kingdom where the judge exercises jurisdiction. | |
80 Extraneous considerations | |
A person’s extradition to a category 2 territory is barred by reason of | |
extraneous considerations if (and only if) it appears that— | |
(a) the request for his extradition (though purporting to be made on | 10 |
account of the extradition offence) is in fact made for the purpose of | |
prosecuting or punishing him on account of his race, religion, | |
nationality or political opinions, or | |
(b) if extradited he might be prejudiced at his trial or punished, detained | |
or restricted in his personal liberty by reason of his race, religion, | 15 |
nationality or political opinions. | |
81 Passage of time | |
A person’s extradition to a category 2 territory is barred by reason of the | |
passage of time if (and only if) it appears that it would be unjust or oppressive | |
to extradite him by reason of the passage of time since he is alleged to have | 20 |
committed the extradition offence or since he is alleged to have become | |
unlawfully at large (as the case may be). | |
82 Hostage-taking considerations | |
(1) A person’s extradition to a category 2 territory is barred by reason of hostage- | |
taking considerations if (and only if) the territory is a party to the Hostage- | 25 |
taking Convention and it appears that— | |
(a) if extradited he might be prejudiced at his trial because communication | |
between him and the appropriate authorities would not be possible, | |
and | |
(b) the act or omission constituting the extradition offence also constitutes | 30 |
an offence under section 1 of the Taking of Hostages Act 1982 (c. 28) or | |
an attempt to commit such an offence. | |
(2) The appropriate authorities are the authorities of the territory which are | |
entitled to exercise rights of protection in relation to him. | |
(3) A certificate issued by the Secretary of State that a territory is a party to the | 35 |
Hostage-taking Convention is conclusive evidence of that fact for the purposes | |
of subsection (1). | |
(4) The Hostage-taking Convention is the International Convention against the | |
Taking of Hostages opened for signature at New York on 18 December 1979. | |
83 Case where person has not been convicted | 40 |
(1) If the judge is required to proceed under this section he must decide whether | |
there is evidence which would be sufficient to make a case requiring an answer | |
| |
| |
|
| |
| |
(1) by the person if the proceedings were the summary trial of an information | |
against him. | |
(2) In deciding the question in subsection (1) the judge must treat a statement | |
made by a person in a document as admissible evidence of a fact if— | |
(a) the statement is made by the person to a police officer or another person | 5 |
charged with the duty of investigating offences or charging offenders, | |
and | |
(b) direct oral evidence by the person of the fact would be admissible. | |
(3) A summary in a document of a statement made by a person must be treated as | |
a statement made by the person in the document for the purposes of subsection | 10 |
(2). | |
(4) If the judge decides the question in subsection (1) in the negative he must order | |
the person’s discharge. | |
(5) If the judge decides that question in the affirmative he must proceed under | |
section 86. | 15 |
(6) If the judge is required to proceed under this section and the category 2 | |
territory to which extradition is requested is designated for the purposes of this | |
section by Order in Council— | |
(a) the judge must not decide under subsection (1), and | |
(b) he must proceed under section 86. | 20 |
(7) Subsection (1) applies to Scotland with the substitution of “summary | |
proceedings in respect of an offence alleged to have been committed by the | |
person (except that for this purpose evidence from a single source shall be | |
sufficient)” for “the summary trial of an information against him”. | |
(8) Subsection (1) applies to Northern Ireland with the substitution of “the hearing | 25 |
and determination of a complaint” for “the summary trial of an information”. | |
84 Case where person has been convicted | |
(1) If the judge is required to proceed under this section he must decide— | |
(a) whether the person was convicted in his presence or in his absence; | |
(b) if he was convicted in his absence, whether he deliberately absented | 30 |
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. | |
(2) The judge must order the person’s discharge if he decides that the person— | 35 |
(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. | |
(3) The judge must proceed under section 85 if he decides that the person— | 40 |
(a) was convicted in his absence, | |
(b) did not deliberately absent himself from his trial, and | |
(c) would be entitled to a retrial or (on appeal) to a review amounting to a | |
retrial. | |
| |
| |
|
| |
| |
(4) The judge must proceed under section 86 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. | |
85 Conviction in person’s absence | 5 |
(1) If the judge is required to proceed under this section he must decide whether | |
there is evidence which would be sufficient to make a case requiring an answer | |
by the person if the proceedings were the summary trial of an information | |
against him. | |
(2) In deciding the question in subsection (1) the judge must treat a statement | 10 |
made by a person in a document as admissible evidence of a fact if— | |
(a) the statement is made by the person to a police officer or another person | |
charged with the duty of investigating offences or charging offenders, | |
and | |
(b) direct oral evidence by the person of the fact would be admissible. | 15 |
(3) A summary in a document of a statement made by a person must be treated as | |
a statement made by the person in the document for the purposes of subsection | |
(2). | |
(4) If the judge decides the question in subsection (1) in the negative he must order | |
the person’s discharge. | 20 |
(5) If the judge decides that question in the affirmative he must proceed under | |
section 86. | |
(6) If the judge is required to proceed under this section and the category 2 | |
territory to which extradition is requested is designated for the purposes of this | |
section by Order in Council— | 25 |
(a) the judge must not decide under subsection (1), and | |
(b) he must proceed under section 86. | |
(7) Subsection (1) applies to Scotland with the substitution of “summary | |
proceedings in respect of an offence alleged to have been committed by the | |
person (except that for this purpose evidence from a single source shall be | 30 |
sufficient)” for “the summary trial of an information against him”. | |
(8) Subsection (1) applies to Northern Ireland with the substitution of “the hearing | |
and determination of a complaint” for “the summary trial of an information”. | |
86 Human rights | |
(1) If the judge is required to proceed under this section (by virtue of section 83, 84 | 35 |
or 85) he must decide whether the person’s extradition would be compatible | |
with 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. | 40 |
(3) If the judge decides that question in the affirmative he must send the case to the | |
Secretary of State for his decision whether the person is to be extradited. | |
| |
| |
|
