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120 Withdrawal of request while appeal to High Court pending | |
(1) This section applies if at any time in the relevant period the High Court is | |
informed by the Secretary of State that a request for a person’s extradition has | |
been withdrawn. | |
(2) The relevant period is the period— | 5 |
(a) starting when notice of an appeal to the court is given by the person | |
whose extradition is requested or by a person acting on behalf of the | |
category 2 territory to which his extradition is requested; | |
(b) ending when proceedings on the appeal are discontinued or the court | |
makes its decision on the appeal. | 10 |
(3) If the appeal is under section 99 or 104, the court must— | |
(a) order the person’s discharge; | |
(b) quash the order for his extradition, if the Secretary of State has ordered | |
his extradition. | |
(4) If the appeal is under section 101 or 106, the court must dismiss the appeal. | 15 |
(5) If the person is not before the court at the time the court orders his discharge, | |
the court must inform him of the order. | |
121 Withdrawal of request while appeal to House of Lords pending | |
(1) This section applies if at any time in the relevant period the House of Lords is | |
informed by the Secretary of State that a request for a person’s extradition has | 20 |
been withdrawn. | |
(2) The relevant period is the period— | |
(a) starting when leave to appeal to the House of Lords is granted to the | |
person whose extradition is requested or a person acting on behalf of | |
the category 2 territory to which his extradition is requested; | 25 |
(b) ending when proceedings on the appeal are discontinued or the House | |
of Lords makes its decision on the appeal. | |
(3) If the appeal is brought by the person whose extradition is requested the House | |
of Lords must— | |
(a) order the person’s discharge; | 30 |
(b) quash the order for his extradition, in a case where the appeal was | |
against a decision of the High Court to dismiss an appeal under section | |
99 or 104. | |
(4) If the appeal is brought by a person acting on behalf of the category 2 territory | |
the House of Lords must dismiss the appeal. | 35 |
(5) If the person whose extradition is requested is not before the House of Lords at | |
the time it orders his discharge, the House of Lords must inform him of the | |
order. | |
Competing extradition requests | |
122 Competing extradition requests | 40 |
(1) This section applies if— | |
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(a) the Secretary of State receives a valid request for a person’s extradition | |
to a category 2 territory; | |
(b) the person is in the United Kingdom; | |
(c) before the person is extradited in pursuance of the request or | |
discharged, the Secretary of State receives another valid request for the | 5 |
person’s extradition. | |
(2) The Secretary of State may— | |
(a) order proceedings (or further proceedings) on one of the requests to be | |
deferred until the other one has been disposed of, if neither of the | |
requests has been disposed of; | 10 |
(b) order the person’s extradition in pursuance of the request under | |
consideration to be deferred until the other request has been disposed | |
of, if an order for his extradition in pursuance of the request under | |
consideration has been made. | |
(3) In applying subsection (2) the Secretary of State must take account of these | 15 |
matters— | |
(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 when each request was received; | 20 |
(d) whether, in the case of each offence, the person is accused of its | |
commission (but not alleged to have been convicted) or is alleged to be | |
unlawfully at large after conviction. | |
Consent to extradition | |
123 Consent to extradition: general | 25 |
(1) A person arrested under a warrant issued under section 70 may consent to his | |
extradition to the category 2 territory to which his extradition is requested. | |
(2) A person arrested under a provisional warrant may consent to his extradition | |
to the category 2 territory in which he is accused of the commission of an | |
offence or is alleged to have been convicted of an offence. | 30 |
(3) Consent under this section— | |
(a) must be given in writing; | |
(b) is irrevocable. | |
124 Consent to extradition before case sent to Secretary of State | |
(1) This section applies if a person consents to his extradition under section 123 | 35 |
before his case is sent to the Secretary of State for the Secretary of State’s | |
decision whether he is to be extradited. | |
(2) The consent must be given to the appropriate judge. | |
(3) If the judge has not fixed a date under section 74 or 75 on which the extradition | |
hearing is to begin he is not required to do so. | 40 |
(4) If the extradition hearing has begun the judge is no longer required to proceed | |
or continue proceeding under sections 77 to 88. | |
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(5) The judge must send the case to the Secretary of State for his decision whether | |
the person is to be extradited. | |
(6) The person must be taken to have waived any right he would have (apart from | |
the consent) not to be dealt with in the category 2 territory for an offence | |
committed before his extradition. | 5 |
125 Consent to extradition after case sent to Secretary of State | |
If a person consents to his extradition under section 123 after his case is sent to | |
the Secretary of State for the Secretary of State’s decision whether he is to be | |
extradited, the consent must be given to the Secretary of State. | |
Post-extradition matters | 10 |
126 Consent to other offence being dealt with | |
(1) This section applies if— | |
(a) a person is extradited to a category 2 territory in accordance with this | |
Part; | |
(b) the Secretary of State receives a valid request for his consent to the | 15 |
person being dealt with in the category 2 territory for an offence other | |
than the offence in respect of which he was extradited. | |
(2) A request for consent is valid if it is made by an authority which is an authority | |
of the category 2 territory and which the Secretary of State believes has the | |
function of making requests for the consent referred to in subsection (1)(b) in | 20 |
that territory. | |
(3) The Secretary of State must decide whether the offence is an extradition | |
offence. | |
(4) If the Secretary of State decides the question in subsection (3) in the negative he | |
must refuse his consent. | 25 |
(5) If the Secretary of State decides that question in the affirmative he must decide | |
whether, if the person were in the United Kingdom, his extradition in respect | |
of the offence would be prohibited under section 91. | |
(6) If the Secretary of State decides the question in subsection (5) in the affirmative | |
he must refuse his consent. | 30 |
(7) If the Secretary of State decides that question in the negative he may give his | |
consent. | |
127 Consent to further extradition to category 2 territory | |
(1) This section applies if— | |
(a) a person is extradited to a category 2 territory in accordance with this | 35 |
Part; | |
(b) the Secretary of State receives a valid request for his consent to the | |
person’s extradition to another category 2 territory for an offence other | |
than the offence in respect of which he was extradited. | |
(2) A request for consent is valid if it is made by an authority which is an authority | 40 |
of the category 2 territory referred to in subsection (1)(a) and which the | |
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(2) Secretary of State believes has the function of making requests for the consent | |
referred to in subsection (1)(b) in that territory. | |
(3) The Secretary of State must decide whether the offence is an extradition offence | |
in relation to the category 2 territory referred to in subsection (1)(b). | |
(4) If the Secretary of State decides the question in subsection (3) in the negative he | 5 |
must refuse his consent. | |
(5) If the Secretary of State decides that question in the affirmative he must decide | |
whether, if the person were in the United Kingdom, his extradition in respect | |
of the offence would be prohibited under section 91. | |
(6) If the Secretary of State decides the question in subsection (5) in the affirmative | 10 |
he must refuse his consent. | |
(7) If the Secretary of State decides that question in the negative he may give his | |
consent. | |
128 Consent to further extradition to category 1 territory | |
(1) This section applies if— | 15 |
(a) a person is extradited to a category 2 territory in accordance with this | |
Part; | |
(b) the Secretary of State receives a valid request for his consent to the | |
person’s extradition to a category 1 territory for an offence other than | |
the offence in respect of which he was extradited. | 20 |
(2) A request for consent is valid if it is made by an authority which is an authority | |
of the category 2 territory and which the Secretary of State believes has the | |
function of making requests for the consent referred to in subsection (1)(b) in | |
that territory. | |
(3) The Secretary of State must decide whether the offence is an extradition offence | 25 |
within the meaning given by section 63 in relation to the category 1 territory. | |
(4) If the Secretary of State decides the question in subsection (3) in the negative he | |
must refuse his consent. | |
(5) If the Secretary of State decides that question in the affirmative he must decide | |
whether the appropriate judge would order the person’s extradition under | 30 |
sections 11 to 25 if— | |
(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 the Secretary of State’s consent is requested. | |
(6) If the Secretary of State decides the question in subsection (5) in the affirmative | 35 |
he must give his consent. | |
(7) If the Secretary of State decides that question in the negative he must refuse his | |
consent. | |
129 Return of person to serve remainder of sentence | |
(1) This section applies if— | 40 |
(a) a person who is serving a sentence of imprisonment or another form of | |
detention in the United Kingdom is extradited to a category 2 territory | |
in accordance with this Part; | |
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(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 | 5 |
extradition does not count as time served by him as part of his sentence. | |
Costs | |
130 Costs where extradition ordered | |
(1) This section applies if any of the following occurs in relation to a person whose | |
extradition is requested under this Part— | 10 |
(a) an order for the person’s extradition is made under this Part; | |
(b) the High Court dismisses an appeal under section 99 or 104; | |
(c) the High Court or the House of Lords dismisses an application for leave | |
to appeal to the House of Lords under section 110, if the application is | |
made by the person; | 15 |
(d) the House of Lords dismisses an appeal under section 110, 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. | 20 |
(3) In a case falling within subsection (1)(b) by virtue of section 100(7), the judge | |
who decides the question that is (or all the questions that are) the subject of a | |
direction under section 100(1)(b) may make such order as he considers just and | |
reasonable with regard to the costs to be paid by the person. | |
(4) In any other case falling within subsection (1)(b), the High Court may make | 25 |
such order as it considers just and reasonable with regard to the costs to be paid | |
by the person. | |
(5) In a case falling within subsection (1)(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. | 30 |
(6) An order for costs under this section— | |
(a) must specify their amount; | |
(b) may name the person to whom they are to be paid. | |
131 Costs where discharge ordered | |
(1) This section applies if any of the following occurs in relation to a person whose | 35 |
extradition to a category 2 territory is requested under this Part— | |
(a) an order for the person’s discharge is made under this Part; | |
(b) the person is taken to be discharged under this Part; | |
(c) the High Court dismisses an appeal under section 101 or 106; | |
(d) the High Court or the House of Lords dismisses an application for leave | 40 |
to appeal to the House of Lords under section 110, if the application is | |
made on behalf of the category 2 territory; | |
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(e) the House of Lords dismisses an appeal under section 110, if the appeal | |
is brought on behalf of the category 2 territory. | |
(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 | 5 |
by him or by the Secretary of State; | |
(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. | 10 |
(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 | 15 |
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. | 20 |
(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; | 25 |
(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; | 30 |
(b) must be determined in accordance with regulations made by the Lord | |
Chancellor for the purposes of this section, in any other case. | |
132 Costs where discharge ordered: supplementary | |
(1) In England and Wales, subsections (1) and (3) of section 20 of the Prosecution | |
of Offences Act 1985 (c. 23) (regulations for carrying Part 2 of that Act into | 35 |
effect) apply in relation to section 131 as those subsections apply in relation to | |
Part 2 of that Act. | |
(2) As so applied those subsections have effect as if an order under section 131(5) | |
were an order under Part 2 of that Act for a payment to be made out of central | |
funds. | 40 |
(3) In Northern Ireland, section 7 of the Costs in Criminal Cases Act (Northern | |
Ireland) 1968 (c.10) (rules relating to costs) applies in relation to section 131 as | |
that section applies in relation to sections 2 to 5 of that Act. | |
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