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93 Case sent to Secretary of State | |
(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. | |
(2) The judge must inform the person in ordinary language that— | |
(a) he has a right to appeal to the High Court; | 5 |
(b) if he exercises the right the appeal will not be heard until the Secretary | |
of State has made his decision. | |
(3) But subsection (2) does not apply if the person has consented to his extradition | |
under section 128. | |
(4) The judge must remand the person in custody or on bail— | 10 |
(a) to wait for the Secretary of State’s decision, and | |
(b) to wait for his extradition to the territory to which extradition is | |
requested (if the Secretary of State orders him to be extradited). | |
(5) If the judge remands the person in custody he may later grant bail. | |
Secretary of State’s functions | 15 |
94 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. | |
(2) The Secretary of State must decide whether he is prohibited from ordering the | |
person’s extradition under any of these sections— | 20 |
(a) section 95 (death penalty); | |
(b) section 96 (speciality); | |
(c) section 97 (earlier extradition to United Kingdom from other territory). | |
(3) If the Secretary of State decides any of the questions in subsection (2) in the | |
affirmative he must order the person’s discharge. | 25 |
(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— | |
(a) he is informed that the request has been withdrawn, | |
(b) he makes an order under section 127(2) or 180(2) for further | 30 |
proceedings on the request to be deferred and the person is discharged | |
under section 181, or | |
(c) he orders the person’s discharge under section 209. | |
(5) In deciding the questions in subsection (2), the Secretary of State is not required | |
to consider any representations received by him after the end of the permitted | 35 |
period. | |
(6) The permitted period is the period of 6 weeks starting with the appropriate | |
day. | |
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95 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 | 5 |
assurance which he considers adequate that a sentence of death— | |
(a) will not be imposed, or | |
(b) will not be carried out (if imposed). | |
96 Speciality | |
(1) The Secretary of State must not order a person’s extradition to a category 2 | 10 |
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 128 before his case was sent to the Secretary of State. | |
(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 | 15 |
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— | |
(a) the offence is one falling within subsection (4), or | |
(b) he is first given an opportunity to leave the territory. | 20 |
(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; | |
(c) an extradition offence in respect of which the Secretary of State | 25 |
consents to the person being dealt with; | |
(d) 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. | |
(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 | 30 |
more generally. | |
(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. | 35 |
97 Earlier extradition to United Kingdom from other territory | |
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); | 40 |
(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 2 territory in respect of the | |
extradition offence under consideration; | |
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(c) that consent has not been given on behalf of the extraditing territory. | |
98 Deferral: person charged with offence in United Kingdom | |
(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; | 5 |
(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 | |
extradition until one of these occurs— | |
(a) the charge is disposed of; | |
(b) the charge is withdrawn; | 10 |
(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. | |
(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 | 15 |
decision with regard to the person’s extradition until the sentence has been | |
served. | |
99 Deferral: person serving sentence in United Kingdom | |
(1) This section applies if— | |
(a) the appropriate judge sends a case to the Secretary of State under this | 20 |
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 | |
extradition until the sentence has been served. | 25 |
100 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; | |
(b) within the required period the Secretary of State does not make an | 30 |
order for the person’s extradition or discharge. | |
(2) If the person applies to the High Court to be discharged, the court must order | |
his discharge. | |
(3) The required period is the period of 2 months starting with the appropriate | |
day. | 35 |
(4) 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. | |
101 Information | |
(1) If the Secretary of State orders a person’s extradition under this Part he must— | 40 |
(a) inform the person of the order; | |
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(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 | |
extradition under section 128. | 5 |
(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 95(2), he must give the | |
person a copy of the assurance when he informs him under subsection (1) of | |
the order. | |
(4) If the Secretary of State orders a person’s discharge under this Part he must— | 10 |
(a) inform him of the order; | |
(b) inform a person acting on behalf of the category 2 territory of the order. | |
102 Making of order for extradition or discharge | |
(1) An order to which this section applies must be made under the hand of one of | |
these— | 15 |
(a) the Secretary of State; | |
(b) a Minister of State; | |
(c) a Parliamentary Under-Secretary of State; | |
(d) a senior official. | |
(2) But, in relation to Scotland, an order to which this section applies must be made | 20 |
under the hand of one of these— | |
(a) a member of the Scottish Executive or a junior Scottish Minister; | |
(b) a senior official who is a member of the staff of the Scottish | |
Administration. | |
(3) This section applies to— | 25 |
(a) an order under section 94 for a person’s extradition; | |
(b) an order under section 94 or 124 for a person’s discharge. | |
(4) A senior official is— | |
(a) a member of the Senior Civil Service; | |
(b) a member of the Senior Management Structure of Her Majesty’s | 30 |
Diplomatic Service. | |
(5) 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 (4) | |
as appear to him appropriate to preserve (so far as practicable) the effect of that | 35 |
subsection. | |
103 The appropriate day | |
(1) This section applies for the purposes of sections 94 and 100 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. | 40 |
(2) 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; | |
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(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. | |
(3) If under section 98(3) or 99(2) the Secretary of State defers making a decision | 5 |
until the person has served a sentence, the appropriate day is the day on which | |
the person finishes serving the sentence. | |
(4) If section 127 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 | 10 |
section, if the order is for proceedings on the other request to be | |
deferred; | |
(b) the day on which an order under section 181 is made, if the order under | |
section 127 is for proceedings on the request concerned to be deferred | |
and the order under section 181 is for the proceedings to be resumed. | 15 |
(5) If section 180 applies in relation to the request for the person’s extradition, 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 warrant to be deferred; | |
(b) the day on which an order under section 181 is made, if the order under | 20 |
section 180 is for proceedings on the request to be deferred and the | |
order under section 181 is for the proceedings to be resumed. | |
(6) If more than one of subsections (2) to (5) applies, the appropriate day is the | |
latest of the days found under the subsections which apply. | |
(7) In any other case, the appropriate day is the day on which the judge sends the | 25 |
case to the Secretary of State for his decision whether the person is to be | |
extradited. | |
Appeals | |
104 Appeal where case sent to Secretary of State | |
(1) If the judge sends a case to the Secretary of State under this Part for his decision | 30 |
whether a person is to be extradited, the person may appeal to the High Court | |
against the relevant decision. | |
(2) But subsection (1) does not apply if the person consented to his extradition | |
under section 128 before his case was sent to the Secretary of State. | |
(3) The relevant decision is the decision that resulted in the case being sent to the | 35 |
Secretary of State. | |
(4) An appeal under this section may be brought on a question of law or fact. | |
(5) If an appeal is brought under this section before the Secretary of State has | |
decided whether the person is to be extradited the appeal must not be heard | |
until after the Secretary of State has made his decision. | 40 |
(6) If the Secretary of State orders the person’s discharge the appeal must not be | |
proceeded with. | |
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(7) No appeal may be brought under this section if the Secretary of State has | |
ordered the person’s discharge. | |
(8) If notice of an appeal under section 111 against the decision which resulted in | |
the order for the person’s discharge is given in accordance with subsection (5) | |
of that section— | 5 |
(a) subsections (6) and (7) do not apply; | |
(b) no appeal may be brought under this section if the High Court has | |
made its decision on the appeal. | |
(9) 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 14 days starting with | 10 |
the day on which the Secretary of State informs the person under section 101(1) | |
or (4) of the order he has made in respect of the person. | |
105 Court’s powers on appeal under section 104 | |
(1) On an appeal under section 104 the High Court may— | |
(a) allow the appeal; | 15 |
(b) direct the judge to decide again a question (or questions) which he | |
decided at the extradition hearing; | |
(c) 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. | 20 |
(3) The conditions are that— | |
(a) the 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. | 25 |
(4) The conditions are that— | |
(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 judge deciding a | |
question before him at the extradition hearing differently; | 30 |
(c) if he had decided the question in that way, he would have been | |
required to order the person’s discharge. | |
(5) If the court allows the appeal it must— | |
(a) order the person’s discharge; | |
(b) quash the order for his extradition. | 35 |
(6) If the judge comes to a different decision on any question that is the subject of | |
a direction under subsection (1)(b) he must order the person’s discharge. | |
(7) If the judge comes to the same decision as he did at the extradition hearing on | |
the question that is (or all the questions that are) the subject of a direction under | |
subsection (1)(b) the appeal must be taken to have been dismissed by a decision | 40 |
of the High Court. | |
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