Office of Public Sector Information
(1) This Part deals with extradition from the United Kingdom to the territories designated for the purposes of this Part by order made by the Secretary of State.
(2) In this Act references to category 2 territories are to the territories designated for the purposes of this Part.
(1) The Secretary of State must issue a certificate under this section if he receives a valid request for the extradition to a category 2 territory of a person who is in the United Kingdom.
(2) But subsection (1) does not apply if the Secretary of State decides under section 126 that the request is not to be proceeded with.
(3) A request for a person’s extradition is valid if—
(a) it contains the statement referred to in subsection (4), and
(b) it is made in the approved way.
(4) The statement is one that the person—
(a) is accused in the category 2 territory of the commission of an offence specified in the request, or
(b) is alleged to be unlawfully at large after conviction by a court in the category 2 territory of an offence specified in the request.
(5) A request for extradition to a category 2 territory which is a British overseas territory is made in the approved way if it is made by or on behalf of the person administering the territory.
(6) A request for extradition to a category 2 territory which is the Hong Kong Special Administrative Region of the People’s Republic of China is made in the approved way if it is made by or on behalf of the government of the Region.
(7) A request for extradition to any other category 2 territory is made in the approved way if it is made—
(a) by an authority of the territory which the Secretary of State believes has the function of making requests for extradition in that territory, or
(b) by a person recognised by the Secretary of State as a diplomatic or consular representative of the territory.
(8) A certificate under this section must certify that the request is made in the approved way.
(9) If a certificate is issued under this section the Secretary of State must send these documents to the appropriate judge—
(a) the request;
(b) the certificate;
(c) a copy of any relevant Order in Council.
(1) This section applies if the Secretary of State sends documents to the appropriate judge under section 70.
(2) The judge may issue a warrant for the arrest of the person whose extradition is requested if the judge has reasonable grounds for believing that—
(a) the offence in respect of which extradition is requested is an extradition offence, and
(b) there is evidence falling within subsection (3).
(3) The evidence is—
(a) evidence that would justify the issue of a warrant for the arrest of a person accused of the offence within the judge’s jurisdiction, if the person whose extradition is requested is accused of the commission of the offence;
(b) evidence that would justify the issue of a warrant for the arrest of a person unlawfully at large after conviction of the offence within the judge’s jurisdiction, if the person whose extradition is requested is alleged to be unlawfully at large after conviction of the offence.
(4) But if the category 2 territory to which extradition is requested is designated for the purposes of this section by order made by the Secretary of State, subsections (2) and (3) have effect as if “evidence” read “information”.
(5) A warrant issued under this section may—
(a) be executed by any person to whom it is directed or by any constable or customs officer;
(b) be executed even if neither the warrant nor a copy of it is in the possession of the person executing it at the time of the arrest.
(6) If a warrant issued under this section in respect of a person is directed to a service policeman, it may be executed in any place where the service policeman would have power to arrest the person under the appropriate service law if the person had committed an offence under that law.
(7) In any other case, a warrant issued under this section may be executed in any part of the United Kingdom.
(8) The appropriate service law is—
(a) the Army Act 1955 (3 & 4 Eliz. 2 c. 18), if the person in respect of whom the warrant is issued is subject to military law;
(b) the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), if that person is subject to air-force law;
(c) the Naval Discipline Act 1957 (c. 53), if that person is subject to that Act.
(1) This section applies if a person is arrested under a warrant issued under section 71.
(2) A copy of the warrant must be given to the person as soon as practicable after his arrest.
(3) The person must be brought as soon as practicable before the appropriate judge.
(4) But subsection (3) does not apply if—
(a) the person is granted bail by a constable following his arrest, or
(b) the Secretary of State decides under section 126 that the request for the person’s extradition is not to be proceeded with.
(5) If subsection (2) is not complied with and the person applies to the judge to be discharged, the judge may order his discharge.
(6) If subsection (3) is not complied with and the person applies to the judge to be discharged, the judge must order his discharge.
(7) When the person first appears or is brought before the appropriate judge, the judge must—
(a) inform him of the contents of the request for his extradition;
(b) give him the required information about consent;
(c) remand him in custody or on bail.
(8) The required information about consent is—
(a) that the person may consent to his extradition to the category 2 territory to which his extradition is requested;
(b) an explanation of the effect of consent and the procedure that will apply if he gives consent;
(c) that consent must be given in writing and is irrevocable.
(9) If the judge remands the person in custody he may later grant bail.
(10) Subsection (4)(a) applies to Scotland with the omission of the words “by a constable”.
(1) This section applies if a justice of the peace is satisfied on information in writing and on oath that a person within subsection (2)—
(a) is or is believed to be in the United Kingdom, or
(b) is or is believed to be on his way to the United Kingdom.
(2) A person is within this subsection if—
(a) he is accused in a category 2 territory of the commission of an offence, or
(b) he is alleged to be unlawfully at large after conviction of an offence by a court in a category 2 territory.
(3) The justice may issue a warrant for the arrest of the person (a provisional warrant) if he has reasonable grounds for believing that—
(a) the offence of which the person is accused or has been convicted is an extradition offence, and
(b) there is written evidence falling within subsection (4).
(4) The evidence is—
(a) evidence that would justify the issue of a warrant for the arrest of a person accused of the offence within the justice’s jurisdiction, if the person in respect of whom the warrant is sought is accused of the commission of the offence;
(b) evidence that would justify the issue of a warrant for the arrest of a person unlawfully at large after conviction of the offence within the justice’s jurisdiction, if the person in respect of whom the warrant is sought is alleged to be unlawfully at large after conviction of the offence.
(5) But if the category 2 territory is designated for the purposes of this section by order made by the Secretary of State, subsections (3) and (4) have effect as if “evidence” read “information”.
(6) A provisional warrant may—
(a) be executed by any person to whom it is directed or by any constable or customs officer;
(b) be executed even if neither the warrant nor a copy of it is in the possession of the person executing it at the time of the arrest.
(7) If a warrant issued under this section in respect of a person is directed to a service policeman, it may be executed in any place where the service policeman would have power to arrest the person under the appropriate service law if the person had committed an offence under that law.
(8) In any other case, a warrant issued under this section may be executed in any part of the United Kingdom.
(9) The appropriate service law is—
(a) the Army Act 1955 (3 & 4 Eliz. 2 c. 18), if the person in respect of whom the warrant is issued is subject to military law;
(b) the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), if that person is subject to air-force law;
(c) the Naval Discipline Act 1957 (c. 53), if that person is subject to that Act.
(10) The preceding provisions of this section apply to Scotland with these modifications—
(a) in subsection (1) for “justice of the peace is satisfied on information in writing and on oath” substitute “sheriff is satisfied, on an application by a procurator fiscal,”;
(b) in subsection (3) for “justice” substitute “sheriff”;
(c) in subsection (4) for “justice's”, in paragraphs (a) and (b), substitute “sheriff's”.
(11) Subsection (1) applies to Northern Ireland with the substitution of “a complaint” for “information”.
(1) This section applies if a person is arrested under a provisional warrant.
(2) A copy of the warrant must be given to the person as soon as practicable after his arrest.
(3) The person must be brought as soon as practicable before the appropriate judge.
(4) But subsection (3) does not apply if—
(a) the person is granted bail by a constable following his arrest, or
(b) in a case where the Secretary of State has received a valid request for the person’s extradition, the Secretary of State decides under section 126 that the request is not to be proceeded with.
(5) If subsection (2) is not complied with and the person applies to the judge to be discharged, the judge may order his discharge.
(6) If subsection (3) is not complied with and the person applies to the judge to be discharged, the judge must order his discharge.
(7) When the person first appears or is brought before the appropriate judge, the judge must—
(a) inform him that he is accused of the commission of an offence in a category 2 territory or that he is alleged to be unlawfully at large after conviction of an offence by a court in a category 2 territory;
(b) give him the required information about consent;
(c) remand him in custody or on bail.
(8) The required information about consent is—
(a) that the person 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;
(b) an explanation of the effect of consent and the procedure that will apply if he gives consent;
(c) that consent must be given in writing and is irrevocable.
(9) If the judge remands the person in custody he may later grant bail.
(10) The judge must order the person’s discharge if the documents referred to in section 70(9) are not received by the judge within the required period.
(11) The required period is—
(a) 45 days starting with the day on which the person was arrested, or
(b) if the category 2 territory is designated by order made by the Secretary of State for the purposes of this section, any longer period permitted by the order.
(12) Subsection (4)(a) applies to Scotland with the omission of the words “by a constable”.
(1) When a person arrested under a warrant issued under section 71 first appears or is brought before the appropriate judge, the judge must fix a date on which the extradition hearing is to begin.
(2) The date fixed under subsection (1) must not be later than the end of the permitted period, which is 2 months starting with the date on which the person first appears or is brought before the judge.
(3) 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 it to be in the interests of justice to do so, he may fix a later date; and this subsection may apply more than once.
(4) If the extradition hearing does not begin on or before the date fixed under this section and the person applies to the judge to be discharged, the judge must order his discharge.
(1) Subsection (2) applies if—
(a) a person is arrested under a provisional warrant, and
(b) the documents referred to in section 70(9) are received by the appropriate judge within the period required under section 74(10).
(2) The judge must fix a date on which the extradition hearing is to begin.
(3) The date fixed under subsection (2) must not be later than the end of the permitted period, which is 2 months starting with the date on which the judge receives the documents.
(4) If before the date fixed under subsection (2) (or this subsection) a party to the proceedings applies to the judge for a later date to be fixed and the judge believes it to be in the interests of justice to do so, he may fix a later date; and this subsection may apply more than once.
(5) If the extradition hearing does not begin on or before the date fixed under this section and the person applies to the judge to be discharged, the judge must order his discharge.
(1) In England and Wales, 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 summary trial of an information against the person whose extradition is requested.
(2) In Scotland—
(a) at the extradition hearing the appropriate judge has the same powers (as nearly as may be) as if the proceedings were summary proceedings in respect of an offence alleged to have been committed by the person whose extradition is requested; but
(b) in his making any decision under section 78(4)(a) evidence from a single source shall be sufficient.
(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 person whose extradition is requested.
(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.
(1) This section applies if a person alleged to be the person whose extradition is requested appears or is brought before the appropriate judge for the extradition hearing.
(2) The judge must decide whether the documents sent to him by the Secretary of State consist of (or include)—
(a) the documents referred to in section 70(9);
(b) particulars of the person whose extradition is requested;
(c) particulars of the offence specified in the request;
(d) in the case of a person accused of an offence, a warrant for his arrest issued in the category 2 territory;
(e) in the case of a person alleged to be unlawfully at large after conviction of an offence, a certificate issued in the category 2 territory of the conviction and (if he has been sentenced) of the sentence.
(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 decide whether—
(a) the person appearing or brought before him is the person whose extradition is requested;
(b) the offence specified in the request is an extradition offence;
(c) copies of the documents sent to the judge by the Secretary of State have been served on the person.
(5) The judge must decide the question in subsection (4)(a) on a balance of probabilities.
(6) If the judge decides any of the questions in subsection (4) in the negative he must order the person’s discharge.
(7) If the judge decides those questions in the affirmative he must proceed under section 79.
(8) The reference in subsection (2)(d) to a warrant for a person’s arrest includes a reference to a judicial document authorising his arrest.
(1) If the judge is required to proceed under this section he must decide whether the person’s extradition to the category 2 territory is barred by reason of—
(a) the rule against double jeopardy;
(b) extraneous considerations;
(c) the passage of time;
(d) hostage-taking considerations.
(2) Sections 80 to 83 apply for the interpretation of subsection (1).
(3) If the judge decides any of the questions in subsection (1) in the affirmative he must order the person’s discharge.
(4) If the judge decides those questions in the negative and the person is accused 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 84.
(5) 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 85.
A person’s extradition to a category 2 territory is barred by reason of the rule against double jeopardy if (and only if) it appears that he would be entitled to 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 his jurisdiction.
A person’s extradition to a category 2 territory is barred by reason of extraneous considerations if (and only if) it appears that—
(a) the request for his extradition (though purporting to be made on account of the extradition offence) is in fact made for the purpose of prosecuting or punishing him on account of his race, religion, nationality, gender, sexual orientation 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, gender, sexual orientation or political opinions.
A person’s extradition to a category 2 territory is barred by reason of the passage of time if (and only if) it appears that it would be unjust or oppressive to extradite him by reason of the passage of time since he is alleged to have committed the extradition offence or since he is alleged to have become unlawfully at large (as the case may be).
(1) A person’s extradition to a category 2 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, 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 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.
(1) If the judge is required to proceed under this section he must decide whether there is evidence which would be sufficient to make a case requiring an answer by the person if the proceedings were the summary trial of an information against him.
(2) In deciding the question in subsection (1) the judge may treat a statement made by a person in a document as admissible evidence of a fact if—
(a) the statement is made by the person to a police officer or another person charged with the duty of investigating offences or charging offenders, and
(b) direct oral evidence by the person of the fact would be admissible.
(3) In deciding whether to treat a statement made by a person in a document as admissible evidence of a fact, the judge must in particular have regard—
(a) to the nature and source of the document;
(b) to whether or not, having regard to the nature and source of the document and to any other circumstances that appear to the judge to be relevant, it is likely that the document is authentic;
(c) to the extent to which the statement appears to supply evidence which would not be readily available if the statement were not treated as being admissible evidence of the fact;
(d) to the relevance of the evidence that the statement appears to supply to any issue likely to have to be determined by the judge in deciding the question in subsection (1);
(e) to any risk that the admission or exclusion of the statement will result in unfairness to the person whose extradition is sought, having regard in particular to whether it is likely to be possible to controvert the statement if the person making it does not attend to give oral evidence in the proceedings.
(4) A summary in a document of a statement made by a person must be treated as a statement made by the person in the document for the purposes of subsection (2).
(5) If the judge decides the question in subsection (1) in the negative he must order the person’s discharge.
(6) If the judge decides that question in the affirmative he must proceed under section 87.
(7) If the judge is required to proceed under this section and the category 2 territory to which extradition is requested is designated for the purposes of this section by order made by the Secretary of State—
(a) the judge must not decide under subsection (1), and
(b) he must proceed under section 87.
(8) Subsection (1) applies to Scotland with the substitution of “summary proceedings in respect of an offence alleged to have been committed by the person (except that for this purpose evidence from a single source shall be sufficient)” for “the summary trial of an information against him”.
(9) Subsection (1) applies to Northern Ireland with the substitution of “the hearing and determination of a complaint” for “the summary trial of an information”.
(1) If the judge is required to proceed under this section he must decide whether the person was convicted in his presence.
(2) If the judge decides the question in subsection (1) in the affirmative he must proceed under section 87.
(3) If the judge decides that question in the negative he must decide whether the person deliberately absented himself from his trial.
(4) If the judge decides the question in subsection (3) in the affirmative he must proceed under section 87.
(5) If the judge decides that question in the negative he must decide whether the person would be entitled to a retrial or (on appeal) to a review amounting to a retrial.
(6) If the judge decides the question in subsection (5) in the affirmative he must proceed under section 86.
(7) If the judge decides that question in the negative he must order the person’s discharge.
(8) The judge must not decide the question in subsection (5) in the affirmative unless, in any proceedings that it is alleged would constitute a retrial or a review amounting to a retrial, the person would have these rights—
(a) the right to defend himself in person or through legal assistance of his own choosing or, if he had not sufficient means to pay for legal assistance, to be given it free when the interests of justice so required;
(b) the right to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him.
(1) If the judge is required to proceed under this section he must decide whether there is evidence which would be sufficient to make a case requiring an answer by the person if the proceedings were the summary trial of an information against him.
(2) In deciding the question in subsection (1) the judge may treat a statement made by a person in a document as admissible evidence of a fact if—
(a) the statement is made by the person to a police officer or another person charged with the duty of investigating offences or charging offenders, and
(b) direct oral evidence by the person of the fact would be admissible.
(3) In deciding whether to treat a statement made by a person in a document as admissible evidence of a fact, the judge must in particular have regard—
(a) to the nature and source of the document;
(b) to whether or not, having regard to the nature and source of the document and to any other circumstances that appear to the judge to be relevant, it is likely that the document is authentic;
(c) to the extent to which the statement appears to supply evidence which would not be readily available if the statement were not treated as being admissible evidence of the fact;
(d) to the relevance of the evidence that the statement appears to supply to any issue likely to have to be determined by the judge in deciding the question in subsection (1);
(e) to any risk that the admission or exclusion of the statement will result in unfairness to the person whose extradition is sought, having regard in particular to whether it is likely to be possible to controvert the statement if the person making it does not attend to give oral evidence in the proceedings.
(4) A summary in a document of a statement made by a person must be treated as a statement made by the person in the document for the purposes of subsection (2).
(5) If the judge decides the question in subsection (1) in the negative he must order the person’s discharge.
(6) If the judge decides that question in the affirmative he must proceed under section 87.
(7) If the judge is required to proceed under this section and the category 2 territory to which extradition is requested is designated for the purposes of this section by order made by the Secretary of State—
(a) the judge must not decide under subsection (1), and
(b) he must proceed under section 87.
(8) Subsection (1) applies to Scotland with the substitution of “summary proceedings in respect of an offence alleged to have been committed by the person (except that for this purpose evidence from a single source shall be sufficient)” for “the summary trial of an information against him”.
(9) Subsection (1) applies to Northern Ireland with the substitution of “the hearing and determination of a complaint” for “the summary trial of an information”.
(1) If the judge is required to proceed under this section (by virtue of section 84, 85 or 86) he must decide whether the person’s extradition would be compatible with 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 send the case to the Secretary of State for his decision whether the person is to be extradited.
Extradition Act 2003