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Extradition Bill


Extradition Bill
Part 2 — Extradition to category 2 territories

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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

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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.

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     (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

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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

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     (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—

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           (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

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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.

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     (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

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requested (if the Secretary of State orders him to be extradited).

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

    45

 

     (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.

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     (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).

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     (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—

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           (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.

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 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

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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.

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 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.

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     (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—

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           (a)           the offence is one falling within subsection (4), or

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

    46

 

           (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;

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           (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.

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     (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

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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

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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

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     (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

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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

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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.

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 95    Deferral: person serving sentence in United Kingdom

     (1)    This section applies if—

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

    47

 

           (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

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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;

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           (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.

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     (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;

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           (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.

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     (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;

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           (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—

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           (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.

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     (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.

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Extradition Bill
Part 2 — Extradition to category 2 territories

    48

 

     (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—

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           (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

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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.

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     (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

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these—

           (a)           the Secretary of State;

           (b)           a Minister of State;

           (c)           a Parliamentary Under-Secretary of State;

           (d)           a senior official.

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     (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;

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           (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)

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as appear to him appropriate to preserve (so far as practicable) the effect of that

subsection.

 

 

 
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