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87 Competing extradition claim | |
(1) This section applies if at any time in the extradition hearing the judge is | |
informed that the conditions in subsection (2) or (3) are met. | |
(2) The conditions are that— | |
(a) the Secretary of State has received another valid request for the | 5 |
person’s extradition to a category 2 territory; | |
(b) the other request has not been disposed of; | |
(c) the Secretary of State has made an order under section 122(2) for further | |
proceedings on the request under consideration to be deferred until the | |
other request has been disposed of. | 10 |
(3) The conditions are that— | |
(a) a certificate has been issued under section 2 in respect of a Part 1 | |
warrant issued in respect of the person; | |
(b) the warrant has not been disposed of; | |
(c) the Secretary of State has made an order under section 179(2) for further | 15 |
proceedings on the request to be deferred until the warrant has been | |
disposed of. | |
(4) The judge must remand the person in custody or on bail. | |
(5) If the judge remands the person in custody he may later grant bail. | |
88 Physical or mental condition | 20 |
(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 is such that | |
it would be unjust or oppressive to extradite him. | |
(3) The judge must— | 25 |
(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. | |
89 Case sent to Secretary of State | |
(1) This section applies if the appropriate judge sends a case to the Secretary of | 30 |
State under this Part for his decision whether a person is to be extradited. | |
(2) The judge must inform the person in ordinary language that— | |
(a) he has a right to appeal to the High Court; | |
(b) if he exercises the right the appeal will not be heard until the Secretary | |
of State has made his decision. | 35 |
(3) But subsection (2) does not apply if the person has consented to his extradition | |
under section 123. | |
(4) The judge must remand the person in custody or on bail— | |
(a) to wait for the Secretary of State’s decision, and | |
(b) to wait for his extradition to the territory to which extradition is | 40 |
requested (if the Secretary of State orders him to be extradited). | |
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(5) If the judge remands the person in custody he may later grant bail. | |
Secretary of State’s functions | |
90 Secretary of State’s consideration of case | |
(1) This section applies if the appropriate judge sends a case to the Secretary of | |
State under this Part for his decision whether a person is to be extradited. | 5 |
(2) The Secretary of State must decide whether he is prohibited from ordering the | |
person’s extradition under any of these sections— | |
(a) section 91 (death penalty); | |
(b) section 92 (speciality); | |
(c) section 93 (earlier extradition to United Kingdom from other territory). | 10 |
(3) If the Secretary of State decides any of the questions in subsection (2) in the | |
affirmative he must order the person’s discharge. | |
(4) If the Secretary of State decides those questions in the negative he must order | |
the person to be extradited to the territory to which his extradition is requested | |
unless— | 15 |
(a) he is informed that the request has been withdrawn, | |
(b) he makes an order under section 122(2) or 179(2) for further | |
proceedings on the request to be deferred and the person is discharged | |
under section 180, or | |
(c) he orders the person’s discharge under section 193. | 20 |
91 Death penalty | |
(1) The Secretary of State must not order a person’s extradition to a category 2 | |
territory if he could be, will be or has been sentenced to death for the offence | |
concerned in the category 2 territory. | |
(2) Subsection (1) does not apply if the Secretary of State receives a written | 25 |
assurance which he considers adequate that a sentence of death— | |
(a) will not be imposed, or | |
(b) will not be carried out (if imposed). | |
(3) Subsection (1) does not apply if the person has consented to his extradition | |
under section 123. | 30 |
92 Speciality | |
(1) The Secretary of State must not order a person’s extradition to a category 2 | |
territory if there are no speciality arrangements with the category 2 territory. | |
(2) But subsection (1) does not apply if the person consented to his extradition | |
under section 123 before his case was sent to the Secretary of State. | 35 |
(3) There are speciality arrangements with a category 2 territory if (and only if) | |
under the law of that territory or arrangements made between it and the | |
United Kingdom a person who is extradited to the territory from the United | |
Kingdom may be dealt with in the territory for an offence committed before his | |
extradition only if— | 40 |
(a) the offence is one falling within subsection (4), or | |
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(b) he is first given an opportunity to leave the territory. | |
(4) The offences are— | |
(a) the offence in respect of which the person is extradited; | |
(b) an extradition offence disclosed by the same facts as that offence, other | |
than one in respect of which a sentence of death could be imposed; | 5 |
(c) an extradition offence in respect of which the Secretary of State | |
consents to the person being dealt with. | |
(5) Arrangements made with a category 2 territory which is a Commonwealth | |
country or a British overseas territory may be made for a particular case or | |
more generally. | 10 |
(6) A certificate issued by or under the authority of the Secretary of State | |
confirming the existence of arrangements with a category 2 territory which is | |
a Commonwealth country or a British overseas territory and stating the terms | |
of the arrangements is conclusive evidence of those matters. | |
93 Earlier extradition to United Kingdom from other territory | 15 |
The Secretary of State must not order a person’s extradition to a category 2 | |
territory if— | |
(a) the person was extradited to the United Kingdom from another | |
territory (the extraditing territory); | |
(b) under arrangements between the United Kingdom and the extraditing | 20 |
territory, that territory’s consent is required to the person’s extradition | |
from the United Kingdom to the category 2 territory in respect of the | |
extradition offence under consideration; | |
(c) that consent has not been given on behalf of the extraditing territory. | |
94 Deferral: person charged with offence in United Kingdom | 25 |
(1) This section applies if— | |
(a) the appropriate judge sends a case to the Secretary of State under this | |
Part for his decision whether a person is to be extradited; | |
(b) the person is charged with an offence in the United Kingdom. | |
(2) The Secretary of State must not make a decision with regard to the person’s | 30 |
extradition until one of these occurs— | |
(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 | 35 |
Scotland, the diet is deserted pro loco et tempore. | |
(3) If a sentence of imprisonment or another form of detention is imposed in | |
respect of the offence charged, the Secretary of State may defer making a | |
decision with regard to the person’s extradition until the sentence has been | |
served. | 40 |
95 Deferral: person serving sentence in United Kingdom | |
(1) This section applies if— | |
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(a) the appropriate judge sends a case to the Secretary of State under this | |
Part for his decision whether a person is to be extradited; | |
(b) the person is serving a sentence of imprisonment or another form of | |
detention in the United Kingdom. | |
(2) The Secretary of State may defer making a decision with regard to the person’s | 5 |
extradition until the sentence has been served. | |
96 Time limit for order for extradition or discharge | |
(1) This section applies if— | |
(a) the appropriate judge sends a case to the Secretary of State under this | |
Part for his decision whether a person is to be extradited; | 10 |
(b) within the required period the Secretary of State does not make an | |
order for the person’s extradition or discharge. | |
(2) The person must be taken to be discharged at the end of the required period. | |
(3) The required period is the period of 2 months starting with the appropriate | |
day. | 15 |
(4) If the person is charged with an offence in the United Kingdom, the | |
appropriate day is the day on which one of these occurs— | |
(a) the charge is disposed of; | |
(b) the charge is withdrawn; | |
(c) proceedings in respect of the charge are discontinued; | 20 |
(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. | |
(5) If under section 94(3) or 95(2) the Secretary of State defers making a decision | |
until the person has served a sentence, the appropriate day is the day on which | |
the person finishes serving the sentence. | 25 |
(6) If section 122 applies in relation to the request for the person’s extradition (the | |
request concerned) the appropriate day is— | |
(a) the day on which the Secretary of State makes an order under that | |
section, if the order is for proceedings on the other request to be | |
deferred; | 30 |
(b) the day on which an order under section 180 is made, if the order under | |
section 122 is for proceedings on the request concerned to be deferred | |
and the order under section 180 is for the proceedings to be resumed. | |
(7) If section 179 applies in relation to the request for the person’s extradition, the | |
appropriate day is— | 35 |
(a) the day on which the Secretary of State makes an order under that | |
section, if the order is for proceedings on the warrant to be deferred; | |
(b) the day on which an order under section 180 is made, if the order under | |
section 179 is for proceedings on the request to be deferred and the | |
order under section 180 is for the proceedings to be resumed. | 40 |
(8) If more than one of subsections (4) to (7) applies, the appropriate day is the | |
latest of the days found under the subsections which apply. | |
(9) In any other case, the appropriate day is the day on which the judge sends the | |
case to the Secretary of State for his decision whether the person is to be | |
extradited. | 45 |
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(10) If before the required period ends the Secretary of State applies to the High | |
Court for it to be extended the High Court may make an order accordingly; and | |
this subsection may apply more than once. | |
97 Information | |
(1) If the Secretary of State orders a person’s extradition under this Part he must— | 5 |
(a) inform the person of the order; | |
(b) inform him in ordinary language that he has a right of appeal to the | |
High Court; | |
(c) inform a person acting on behalf of the category 2 territory of the order. | |
(2) But subsection (1)(b) does not apply if the person has consented to his | 10 |
extradition under section 123. | |
(3) If the Secretary of State orders a person’s extradition under this Part and he has | |
received an assurance such as is mentioned in section 91(2), he must give the | |
person a copy of the assurance when he informs him under subsection (1) of | |
the order. | 15 |
(4) If the Secretary of State orders a person’s discharge under this Part he must— | |
(a) inform him of the order; | |
(b) inform a person acting on behalf of the category 2 territory of the order. | |
98 Making of order for extradition or discharge | |
(1) An order to which this section applies must be made under the hand of one of | 20 |
these— | |
(a) the Secretary of State; | |
(b) a Minister of State; | |
(c) a Parliamentary Under-Secretary of State; | |
(d) a senior official. | 25 |
(2) This section applies to— | |
(a) an order under section 90 for a person’s extradition; | |
(b) an order under section 90 or 119 for a person’s discharge. | |
(3) A senior official is— | |
(a) a member of the Senior Civil Service; | 30 |
(b) a member of the Senior Management Structure of Her Majesty’s | |
Diplomatic Service. | |
(4) If it appears to the Secretary of State that it is necessary to do so in consequence | |
of any changes to the structure or grading of the home civil service or | |
diplomatic service, he may by order make such amendments to subsection (3) | 35 |
as appear to him appropriate to preserve (so far as practicable) the effect of that | |
subsection. | |
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