|
| |
| |
8 Remand etc. | |
(1) If the judge is required to proceed under this section he must— | |
(a) fix a date on which the extradition hearing is to begin; | |
(b) give the person the required information about consent; | |
(c) remand the person in custody or on bail. | 5 |
(2) If the judge remands the person in custody he may later grant bail. | |
(3) The required information about consent is— | |
(a) that the person may consent to his extradition to the category 1 territory | |
in which the Part 1 warrant was issued; | |
(b) an explanation of the effect of consent and the procedure that will apply | 10 |
if he gives consent; | |
(c) that consent must be given before the judge and is irrevocable. | |
(4) The date fixed under subsection (1) must not be later than the end of the | |
permitted period, which is 21 days starting with the date of the arrest referred | |
to in section 7(1)(a) or (b). | 15 |
(5) If before the date fixed under subsection (1) (or this subsection) a party to the | |
proceedings applies to the judge for a later date to be fixed and the judge | |
believes there are exceptional circumstances, he may fix a later date; and this | |
subsection may apply more than once. | |
(6) Subsections (7) and (8) apply if the extradition hearing does not begin on or | 20 |
before the date fixed under this section. | |
(7) If the person applies to the judge to be discharged the judge must order his | |
discharge, unless reasonable cause is shown for the delay. | |
(8) If no application is made under subsection (7) the judge must order the | |
person’s discharge on the first occasion after the date fixed under this section | 25 |
when the person appears or is brought before the judge, unless reasonable | |
cause is shown for the delay. | |
The extradition hearing | |
9 Judge’s powers at extradition hearing | |
(1) In England and Wales, at the extradition hearing the appropriate judge has the | 30 |
same powers (as nearly as may be) as a magistrates’ court would have if the | |
proceedings were the summary trial of an information against the person in | |
respect of whom the Part 1 warrant was issued. | |
(2) In Scotland, at the extradition hearing the appropriate judge has the same | |
powers (as nearly as may be) as if the proceedings were summary proceedings | 35 |
in respect of an offence alleged to have been committed by the person in | |
respect of whom the Part 1 warrant was issued. | |
(3) In Northern Ireland, at the extradition hearing the appropriate judge has the | |
same powers (as nearly as may be) as a magistrates’ court would have if the | |
proceedings were the hearing and determination of a complaint against the | 40 |
person in respect of whom the Part 1 warrant was issued. | |
(4) If the judge adjourns the extradition hearing he must remand the person in | |
custody or on bail. | |
| |
| |
|
| |
| |
(5) If the judge remands the person in custody he may later grant bail. | |
10 Initial stage of extradition hearing | |
(1) This section applies if a person in respect of whom a Part 1 warrant is issued | |
appears or is brought before the appropriate judge for the extradition hearing. | |
(2) The judge must decide whether the offence specified in the Part 1 warrant is an | 5 |
extradition offence. | |
(3) If the judge decides the question in subsection (2) in the negative he must order | |
the person’s discharge. | |
(4) If the judge decides that question in the affirmative he must proceed under | |
section 11. | 10 |
11 Bars to extradition | |
(1) If the judge is required to proceed under this section he must decide whether | |
the person’s extradition to the category 1 territory is barred by reason of— | |
(a) the rule against double jeopardy; | |
(b) extraneous considerations; | 15 |
(c) the person’s age; | |
(d) the death penalty; | |
(e) hostage-taking considerations; | |
(f) speciality; | |
(g) the person’s earlier extradition to the United Kingdom from another | 20 |
category 1 territory; | |
(h) the person’s earlier extradition to the United Kingdom from a non- | |
category 1 territory. | |
(2) Sections 12 to 19 apply for the interpretation of subsection (1). | |
(3) If the judge decides any of the questions in subsection (1) in the affirmative he | 25 |
must order the person’s discharge. | |
(4) 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 20. | |
(5) If the judge decides those questions in the negative and the person is accused | 30 |
of the commission of the extradition offence but is not alleged to be unlawfully | |
at large after conviction of it, the judge must proceed under section 21. | |
12 Rule against double jeopardy | |
A person’s extradition to a category 1 territory is barred by reason of the rule | |
against double jeopardy if (and only if) it appears that he would be entitled to | 35 |
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 | |
Kingdom where the judge exercises jurisdiction. | |
| |
| |
|
| |
| |
13 Extraneous considerations | |
A person’s extradition to a category 1 territory is barred by reason of | |
extraneous considerations if (and only if) it appears that— | |
(a) the Part 1 warrant issued in respect of him (though purporting to be | |
issued on account of the extradition offence) is in fact issued for the | 5 |
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, | |
nationality or political opinions. | 10 |
14 Age | |
A person’s extradition to a category 1 territory is barred by reason of his age if | |
(and only if) it would be conclusively presumed because of his age that he | |
could not be guilty of the extradition offence on the assumption— | |
(a) that the conduct constituting the extradition offence constituted an | 15 |
offence in the part of the United Kingdom where the judge exercises | |
jurisdiction; | |
(b) that the person carried out the conduct when the extradition offence | |
was committed (or alleged to be committed); | |
(c) that the person carried out the conduct in the part of the United | 20 |
Kingdom where the judge exercises jurisdiction. | |
15 Death penalty | |
(1) A person’s extradition to a category 1 territory is barred by reason of the death | |
penalty if (and only if) he could be, will be or has been sentenced to death for | |
the extradition offence in the category 1 territory. | 25 |
(2) Subsection (1) does not apply if the judge receives a written assurance which | |
he considers adequate that a sentence of death— | |
(a) will not be imposed, or | |
(b) will not be carried out (if imposed). | |
16 Hostage-taking considerations | 30 |
(1) A person’s extradition to a category 1 territory is barred by reason of hostage- | |
taking considerations if (and only if) the territory is a party to the Hostage- | |
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, | 35 |
and | |
(b) the act or omission constituting the extradition offence also constitutes | |
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 | 40 |
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 | |
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. | |
17 Speciality | |
(1) A person’s extradition to a category 1 territory is barred by reason of speciality | |
if (and only if) there are no speciality arrangements with the category 1 | 5 |
territory. | |
(2) There are speciality arrangements with a category 1 territory 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 | 10 |
if— | |
(a) the offence is one falling within subsection (3), or | |
(b) the condition in subsection (4) is satisfied. | |
(3) The offences are— | |
(a) the offence in respect of which the person is extradited; | 15 |
(b) an extradition offence disclosed by the same facts as that offence; | |
(c) an extradition offence in respect of which the appropriate judge gives | |
his consent under section 52 to the person being dealt with; | |
(d) an extradition offence in respect of which the appropriate judge is | |
treated by section 53 as giving his consent to the person being dealt | 20 |
with; | |
(e) an offence which is not punishable with imprisonment or another form | |
of detention; | |
(f) an offence in respect of which the person will not be detained in | |
connection with his trial, sentence or appeal; | 25 |
(g) an offence in respect of which the person waives the right that he would | |
have (but for this paragraph) not to be dealt with for the offence. | |
(4) The condition is that the person is given an opportunity to leave the category 1 | |
territory and— | |
(a) he does not do so before the end of the permitted period, or | 30 |
(b) if he does so before the end of the permitted period, he returns there. | |
(5) The permitted period is 45 days starting with the day on which the person | |
arrives in the category 1 territory. | |
(6) Arrangements made with a category 1 territory which is a Commonwealth | |
country or a British overseas territory may be made for a particular case or | 35 |
more generally. | |
(7) A certificate issued by or under the authority of the Secretary of State | |
confirming the existence of arrangements with a category 1 territory which is | |
a Commonwealth country or a British overseas territory and stating the terms | |
of the arrangements is conclusive evidence of those matters. | 40 |
18 Earlier extradition to United Kingdom from category 1 territory | |
A person’s extradition to a category 1 territory is barred by reason of his earlier | |
extradition to the United Kingdom from another category 1 territory if (and | |
only if)— | |
| |
| |
|
| |
| |
(a) the person was extradited to the United Kingdom from another | |
category 1 territory (the extraditing territory); | |
(b) under arrangements between the United Kingdom and the extraditing | |
territory, that territory’s consent is required to the person’s extradition | |
from the United Kingdom to the category 1 territory in respect of the | 5 |
extradition offence under consideration; | |
(c) that consent has not been given on behalf of the extraditing territory | |
and the arrangements do not treat it as having been given. | |
19 Earlier extradition to United Kingdom from non-category 1 territory | |
A person’s extradition to a category 1 territory is barred by reason of his earlier | 10 |
extradition to the United Kingdom from a non-category 1 territory if (and only | |
if)— | |
(a) the person was extradited to the United Kingdom from a territory that | |
is not a category 1 territory (the extraditing territory); | |
(b) under arrangements between the United Kingdom and the extraditing | 15 |
territory, that territory’s consent is required to the person’s being dealt | |
with in the United Kingdom in respect of the extradition offence under | |
consideration; | |
(c) consent has not been given on behalf of the extraditing territory to the | |
person’s extradition from the United Kingdom to the category 1 | 20 |
territory in respect of the extradition offence under consideration. | |
20 Case where person has been convicted | |
(1) If the judge is required to proceed under this section (by virtue of section 11) | |
he must decide— | |
(a) whether the person was convicted in his presence or in his absence; | 25 |
(b) if he was convicted in his absence, whether he deliberately absented | |
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. | 30 |
(2) The judge must order the person’s discharge if he decides that he— | |
(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. | 35 |
(3) The judge must proceed under section 21 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, or | |
(c) was convicted in his absence, did not deliberately absent himself from | 40 |
his trial and would be entitled to a retrial or (on appeal) to a review | |
amounting to a retrial. | |
21 Human rights | |
(1) If the judge is required to proceed under this section (by virtue of section 11 or | |
20) he must decide whether the person’s extradition would be compatible with | 45 |
| |
| |
|
| |
| |
(1) 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. | |
(3) If the judge decides that question in the affirmative he must order the person | 5 |
to be extradited to the category 1 territory in which the warrant was issued. | |
(4) If the judge makes an order under subsection (3) he must remand the person in | |
custody or on bail to wait for his extradition to the category 1 territory. | |
(5) If the judge remands the person in custody he may later grant bail. | |
Matters arising before end of extradition hearing | 10 |
22 Person charged with offence in United Kingdom | |
(1) This section applies if at any time in the extradition hearing the judge is | |
informed that the person in respect of whom the Part 1 warrant is issued is | |
charged with an offence in the United Kingdom. | |
(2) The judge must adjourn the extradition hearing until one of these occurs— | 15 |
(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 | |
Scotland, the diet is deserted pro loco et tempore. | 20 |
(3) If a sentence of imprisonment or another form of detention is imposed in | |
respect of the offence charged, the judge may adjourn the extradition hearing | |
until the sentence has been served. | |
(4) If before he adjourns the extradition hearing under subsection (2) the judge has | |
decided under section 11 whether the person’s extradition is barred by reason | 25 |
of the rule against double jeopardy, the judge must decide that question again | |
after the resumption of the hearing. | |
23 Person serving sentence in United Kingdom | |
(1) This section applies if at any time in the extradition hearing the judge is | |
informed that the person in respect of whom the Part 1 warrant is issued is | 30 |
serving a sentence of imprisonment or another form of detention in the United | |
Kingdom. | |
(2) The judge may adjourn the extradition hearing until the sentence has been | |
served. | |
24 Extradition request | 35 |
(1) This section applies if at any time in the extradition hearing 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; | 40 |
| |
| |
|
| |
| |
(c) an order has been made under section 179(2) for further proceedings on | |
the warrant to be deferred until the request has been disposed of. | |
(2) The judge must remand the person in custody or on bail. | |
(3) If the judge remands the person in custody he may later grant bail. | |
25 Physical or mental condition | 5 |
(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 in respect | |
of whom the Part 1 warrant is issued is such that it would be unjust or | |
oppressive to extradite him. | 10 |
(3) The judge must— | |
(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. | |
Appeals | 15 |
26 Appeal against extradition order | |
(1) If the appropriate judge orders a person’s extradition under this Part, the | |
person may appeal to the High Court against the order. | |
(2) But subsection (1) does not apply if the order is made under section 45 or 47. | |
(3) An appeal under this section may be brought on a question of law or fact. | 20 |
(4) Notice of an appeal under this section must be given in accordance with rules | |
of court before the end of the permitted period, which is 7 days starting with | |
the day on which the order is made. | |
27 Court’s powers on appeal under section 26 | |
(1) On an appeal under section 26 the High Court may— | 25 |
(a) allow the appeal; | |
(b) dismiss the appeal. | |
(2) The court may allow the appeal only if the conditions in subsection (3) or the | |
conditions in subsection (4) are satisfied. | |
(3) The conditions are that— | 30 |
(a) the appropriate judge ought to have decided a question before him at | |
the extradition hearing differently; | |
(b) if he had decided the question in the way he ought to have done, he | |
would have been required to order the person’s discharge. | |
(4) The conditions are that— | 35 |
(a) an issue is raised that was not raised at the extradition hearing or | |
evidence is available that was not available at the extradition hearing; | |
(b) the issue or evidence would have resulted in the appropriate judge | |
deciding a question before him at the extradition hearing differently; | |
| |
| |
|
