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(2) A relevant provision is a provision of this Act that applies if a person is | |
extradited to the United Kingdom from a category 2 territory falling within any | |
of paragraphs (a) to (c) of subsection (1). | |
(3) An Order in Council under this section may provide that the provision applied | |
has effect with specified modifications. | 5 |
177 Extradition from other category 2 territories | |
(1) This Act applies if a person is extradited to a British overseas territory from a | |
category 2 territory falling within subsection (2) as it applies if a person is | |
extradited to the United Kingdom from the category 2 territory. | |
(2) A category 2 territory falls within this subsection if it is not— | 10 |
(a) a Commonwealth country; | |
(b) a British overseas territory; | |
(c) the Hong Kong Special Administrative Region of the People’s Republic | |
of China. | |
(3) As applied by subsection (1) this Act has effect with— | 15 |
(a) any modifications as to procedure specified in the law of the British | |
overseas territory; | |
(b) any modifications specified in an Order in Council under section 68 | |
designating the category 2 territory for the purposes of Part 2. | |
(4) Subsection (1) does not apply in the case of a person extradited to a British | 20 |
overseas territory from a category 2 territory if an Order in Council under | |
section 68 designating the category 2 territory for the purposes of Part 2 so | |
provides. | |
178 British overseas territories and the United Kingdom | |
(1) An Order in Council may apply any provision of this Act applicable to | 25 |
extradition from the United Kingdom to extradition from a British overseas | |
territory to the United Kingdom. | |
(2) An Order in Council may apply any provision of this Act applicable to | |
extradition to the United Kingdom to extradition to a British overseas territory | |
from the United Kingdom. | 30 |
(3) An Order in Council under this section may provide that the provision applied | |
has effect with specified modifications. | |
Competing extradition claims | |
179 Competing claims to extradition | |
(1) This section applies if at the same time— | 35 |
(a) there is a Part 1 warrant in respect of a person, a certificate has been | |
issued under section 2 in respect of the warrant, and the person has not | |
been extradited in pursuance of the warrant or discharged, and | |
(b) there is a request for the same person’s extradition, a certificate has | |
been issued under section 69 in respect of the request, and the person | 40 |
has not been extradited in pursuance of the request or discharged. | |
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(2) The Secretary of State may— | |
(a) order proceedings (or further proceedings) on one of them (the warrant | |
or the request) to be deferred until the other one has been disposed of, | |
if neither the warrant nor the request has been disposed of; | |
(b) order the person’s extradition in pursuance of the warrant to be | 5 |
deferred until the request has been disposed of, if an order for his | |
extradition in pursuance of the warrant has been made; | |
(c) order the person’s extradition in pursuance of the request to be | |
deferred until the warrant has been disposed of, if an order for his | |
extradition in pursuance of the request has been made; | 10 |
(3) In applying subsection (2) the Secretary of State must take account of these | |
matters— | |
(a) the relative seriousness of the offences concerned; | |
(b) the place where each offence was committed (or was alleged to have | |
been committed); | 15 |
(c) the date when the warrant was issued and the date when the request | |
was received; | |
(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. | 20 |
(4) If both the certificates referred to in subsection (1) are issued in Scotland, the | |
preceding provisions of this section apply as if the references to the Secretary | |
of State were to the Scottish Ministers. | |
180 Proceedings on deferred warrant or request | |
(1) This section applies if— | 25 |
(a) an order is made under this Act deferring proceedings on an | |
extradition claim in respect of a person (the deferred claim) until | |
another extradition claim in respect of the person has been disposed of, | |
and | |
(b) the other extradition claim is disposed of. | 30 |
(2) If the person applies to the appropriate judge to be discharged, the judge may | |
order his discharge. | |
(3) The person must be taken to be discharged at the end of the required period if | |
before the end of that period the appropriate judge does not— | |
(a) make an order for proceedings on the deferred claim to be resumed, or | 35 |
(b) order the person’s discharge. | |
(4) The required period is 21 days starting with the day on which the other | |
extradition claim is disposed of. | |
(5) An extradition claim is made in respect of a person if— | |
(a) a Part 1 warrant is issued in respect of him; | 40 |
(b) a request for his extradition is made. | |
181 Proceedings where extradition deferred | |
(1) This section applies if— | |
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(a) an order is made under this Act deferring a person’s extradition in | |
pursuance of an extradition claim (the deferred claim) until another | |
extradition claim in respect of him has been disposed of; | |
(b) the other extradition claim is disposed of. | |
(2) If the person applies to the appropriate judge to be discharged, the judge may | 5 |
order his discharge. | |
(3) The person must be taken to be discharged at the end of the required period if | |
before the end of that period the appropriate judge does not— | |
(a) make an order for the person’s extradition in pursuance of the deferred | |
claim to cease to be deferred, or | 10 |
(b) order the person’s discharge. | |
(4) The required period is 21 days starting with the day on which the other | |
extradition claim is disposed of. | |
(5) An extradition claim is made in respect of a person if— | |
(a) a Part 1 warrant is issued in respect of him; | 15 |
(b) a request for his extradition is made. | |
Legal aid | |
182 Legal aid: Scotland | |
(1) The provisions of the Legal Aid (Scotland) Act 1986 (c. 47) apply— | |
(a) in relation to proceedings in Scotland before the appropriate judge | 20 |
under Part 1, 2 or 5 of this Act as those provisions apply in relation to | |
summary proceedings; | |
(b) in relation to any proceedings on appeal arising out of such | |
proceedings before the appropriate judge as those provisions apply in | |
relation to appeals in summary proceedings. | 25 |
(2) For the purposes of this section the appropriate judge is the sheriff of Lothian | |
and Borders. | |
183 Grant of free legal aid: Northern Ireland | |
(1) The appropriate judge may grant free legal aid to a person in connection with | |
proceedings under Part 1 or Part 2 before the judge or the High Court. | 30 |
(2) A judge of the High Court may grant free legal aid to a person in connection | |
with proceedings under Part 1 or Part 2 before the High Court or the House of | |
Lords. | |
(3) If the appropriate judge refuses to grant free legal aid under subsection (1) in | |
connection with proceedings before the High Court the person may appeal to | 35 |
the High Court against the judge’s decision. | |
(4) A judge of the High Court may grant free legal aid to a person in connection | |
with proceedings on an appeal under subsection (3). | |
(5) Free legal aid may be granted to a person under subsection (1), (2) or (4) only | |
if it appears to the judge that— | 40 |
(a) the person’s means are insufficient to enable him to obtain legal aid, | |
and | |
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(b) it is desirable in the interests of justice that the person should be | |
granted free legal aid. | |
(6) On an appeal under subsection (3) the High Court may— | |
(a) allow the appeal; | |
(b) dismiss the appeal. | 5 |
(7) The High Court may allow an appeal under subsection (3) only if it appears to | |
the High Court that— | |
(a) the person’s means are insufficient to enable him to obtain legal aid, | |
and | |
(b) it is desirable in the interests of justice that the person should be | 10 |
granted free legal aid. | |
(8) If the High Court allows an appeal under subsection (3) it must grant free legal | |
aid to the person in connection with the proceedings under Part 1 or Part 2 | |
before it. | |
(9) If on a question of granting free legal aid under this section or of allowing an | 15 |
appeal under subsection (3) there is a doubt as to whether— | |
(a) the person’s means are insufficient to enable him to obtain legal aid, or | |
(b) it is desirable in the interests of justice that the person should be | |
granted free legal aid, | |
the doubt must be resolved in favour of granting him free legal aid. | 20 |
(10) References in this section to granting free legal aid to a person are to assigning | |
to him— | |
(a) a solicitor and counsel, or | |
(b) a solicitor only, or | |
(c) counsel only. | 25 |
184 Free legal aid: supplementary | |
(1) The provisions of the Legal Aid, Advice and Assistance (Northern Ireland) | |
Order 1981 (S.I. 1981/228 (N.I. 8)) listed in subsection (2) apply in relation to | |
free legal aid under section 183 in connection with proceedings before the | |
appropriate judge or the High Court as they apply in relation to free legal aid | 30 |
under Part III of the Order. | |
(2) The provisions are— | |
(a) Article 32 (statements of means); | |
(b) Article 36(1) (payment of legal aid); | |
(c) Article 36(3) and (4) (rules); | 35 |
(d) Article 36A (solicitors excluded from legal aid work); | |
(e) Article 37 (remuneration of solicitors and counsel); | |
(f) Article 40 (stamp duty exemption). | |
(3) As so applied those Articles have effect as if— | |
(a) a person granted free legal aid under section 183 had been granted a | 40 |
criminal aid certificate under Part III of the Order; | |
(b) section 183 were contained in Part III of the Order. | |
(4) The fees of any counsel, and the expenses and fees of any solicitor, assigned to | |
a person under section 183 in connection with proceedings before the House of | |
Lords must be paid by the Lord Chancellor. | 45 |
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(5) The fees and expenses paid under subsection (4) must not exceed the amount | |
allowed by— | |
(a) the House of Lords, or | |
(b) such officer or officers of the House of Lords as may be prescribed by | |
order of the House of Lords. | 5 |
(6) For the purposes of section 183 and this section the appropriate judge is— | |
(a) such county court judge or resident magistrate as is designated for the | |
purposes of Part 1 by the Lord Chancellor, if the proceedings are under | |
Part 1; | |
(b) such county court judge or resident magistrate as is designated for the | 10 |
purposes of Part 2 by the Lord Chancellor, if the proceedings are under | |
Part 2. | |
Asylum appeals | |
185 Asylum appeal to High Court where extradition ordered | |
(1) This section applies if— | 15 |
(a) a person in respect of whom an extradition claim is made makes an | |
asylum claim at any time in the relevant period; | |
(b) the asylum claim is rejected by the Secretary of State; | |
(c) an order is made under Part 1 or 2 for the person to be extradited in | |
pursuance of the extradition claim. | 20 |
(2) The relevant period is the period starting when a certificate is issued under | |
section 2 or 69 in respect of the extradition claim and ending when the earliest | |
of these occurs— | |
(a) the person is extradited in pursuance of the extradition claim; | |
(b) an order for the person’s discharge is made under this Act; | 25 |
(c) the person is taken to be discharged under this Act. | |
(3) The person has no right of appeal under section 83 of the Nationality, | |
Immigration and Asylum Act 2002 (c. 41) against the rejection of the asylum | |
claim. | |
(4) If (apart from subsection (3)) the person would have such a right of appeal, he | 30 |
may appeal to the High Court against the rejection of the asylum claim. | |
(5) These provisions of the Nationality, Immigration and Asylum Act 2002 apply | |
to an appeal to the High Court under this section as they apply to an appeal to | |
an adjudicator under section 83 of that Act— | |
(a) section 85(4) (consideration of relevant evidence); | 35 |
(b) section 86 (determination of appeal); | |
(c) section 87 (successful appeal: direction); | |
(d) section 97 (national security etc.); | |
(e) section 99 (section 97 certificate: appeal in progress); | |
(f) section 110 (grants). | 40 |
(6) In section 2 of the Special Immigration Appeals Commission Act 1997 (c. 68) | |
(jurisdiction: appeals)— | |
(a) in subsection (1)(a) after “2002” insert “or section 185 of the Extradition | |
Act 2003” and for “that Act” substitute “the Nationality, Immigration | |
and Asylum Act 2002”; | 45 |
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(b) in subsection (1)(b) after “83(2) of that Act” insert “or section 185 of the | |
Extradition Act 2003” and for “section 99 of that Act” substitute “section | |
99 of the Nationality, Immigration and Asylum Act 2002”; | |
(c) in subsection (3) after “2002” insert “or section 185 of the Extradition | |
Act 2003” and for “that Act” in paragraph (a) substitute “the | 5 |
Nationality, Immigration and Asylum Act 2002”. | |
(7) An extradition claim is made in respect of a person if— | |
(a) a Part 1 warrant is issued in respect of him; | |
(b) a request for his extradition is made. | |
(8) “Asylum claim” has the meaning given by section 113 of the Nationality, | 10 |
Immigration and Asylum Act 2002. | |
186 Asylum appeal to House of Lords where extradition ordered | |
(1) An appeal lies to the House of Lords from a decision of the High Court on an | |
appeal under section 185. | |
(2) An appeal under this section lies at the instance of a party to the appeal under | 15 |
section 185. | |
(3) An appeal under this section lies only with the leave of the High Court or the | |
House of Lords. | |
(4) Leave to appeal under this section must not be granted unless— | |
(a) the High Court has certified that there is a point of law of general public | 20 |
importance involved in the decision, and | |
(b) it appears to the court granting leave that the point is one which ought | |
to be considered by the House of Lords. | |
(5) An application to the High Court for leave to appeal under this section must be | |
made before the end of the permitted period, which is 14 days starting with the | 25 |
day on which the court makes its decision on the appeal to it. | |
(6) An application to the House of Lords for leave to appeal under this section | |
must be made before the end of the permitted period, which is 14 days starting | |
with the day on which the High Court refuses leave to appeal. | |
(7) The High Court may grant bail to a person appealing under this section or | 30 |
applying for leave to appeal under this section. | |
(8) Section 5 of the Appellate Jurisdiction Act 1876 (c. 59) (composition of House | |
of Lords for hearing and determination of appeals) applies in relation to an | |
appeal under this section or an application for leave to appeal under this | |
section as it applies in relation to an appeal under that Act. | 35 |
(9) An order of the House of Lords which provides for an application for leave to | |
appeal under this section to be determined by a committee constituted in | |
accordance with section 5 of the Appellate Jurisdiction Act 1876 may direct that | |
the decision of the committee is taken on behalf of the House. | |
(10) Subsections (1), (2) and (4) of section 102 of the Nationality, Immigration and | 40 |
Asylum Act 2002 apply to an appeal to the House of Lords under this section | |
as they apply to an appeal to the Immigration Appeal Tribunal under section | |
101 of that Act. | |
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(11) As so applied, those subsections have effect as if references to the adjudicator | |
or an adjudicator were to the High Court. | |
(12) The preceding provisions of this section do not apply to Scotland. | |
Other miscellaneous provisions | |
187 Human rights: appropriate tribunal | 5 |
(1) The appropriate judge is the only appropriate tribunal in relation to | |
proceedings under section 7(1)(a) of the Human Rights Act 1998 (c. 42) | |
(proceedings for acts incompatible with Convention rights) if the proceedings | |
relate to extradition under Part 1 or Part 2 of this Act. | |
(2) If the proceedings relate to extradition under Part 1, section 66 applies for | 10 |
determining the appropriate judge. | |
(3) If the proceedings relate to extradition under Part 2, section 138 applies for | |
determining the appropriate judge. | |
188 Delivery up to International Criminal Court | |
(1) Part 2 of Schedule 2 to the International Criminal Court Act 2001 (c. 17) | 15 |
(delivery up to International Criminal Court of persons subject to extradition | |
proceedings) is amended as follows. | |
(2) In paragraph 7 (meaning of extradition proceedings) after “court” insert “or | |
judge” and at the end add “, or | |
(c) the Extradition Act 2003”. | 20 |
(3) In paragraph 8 (extradition proceedings in England and Wales or Northern | |
Ireland) after sub-paragraph (5) add— | |
“(6) References in this paragraph to a court include references to a judge.” | |
(4) In paragraph 9 (extradition proceedings in Scotland) after sub-paragraph (3) | |
add— | 25 |
“(4) References in this paragraph to a court include references to a judge.” | |
(5) In paragraph 10(1) (power to suspend or revoke warrant or order) after | |
paragraph (b) insert “, or | |
(c) whose extradition has been ordered under the Extradition | |
Act 2003,”. | 30 |
(6) In paragraph 10(2) omit the words “by a court or judicial officer”. | |
189 Genocide, crimes against humanity and war crimes | |
(1) This section applies if— | |
(a) a Part 1 warrant in respect of a person is issued in respect of an offence | |
mentioned in subsection (2), or | 35 |
(b) a valid request for a person’s extradition is made in respect of an | |
offence mentioned in subsection (2). | |
(2) The offences are— | |
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