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PART 2 continued
(1) This section applies if immediately after the Secretary of State orders the person’s discharge under this Part the Secretary of State is informed on behalf of the category 2 territory of an intention to appeal under section 110.
(2) The judge must remand the person in custody or on bail while the appeal is pending.
(3) If the judge remands the person in custody he may later grant bail.
(4) An appeal under section 110 ceases to be pending at the earliest of these times—
(a) when the proceedings on the appeal are discontinued;
(b) when the High Court dismisses the appeal, if the court is not immediately informed on behalf of the category 2 territory of an intention to apply for leave to appeal to the House of Lords;
(c) at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the House of Lords against the decision of the High Court on the appeal is granted;
(d) when there is no further step that can be taken on behalf of the category 2 territory in relation to the appeal (ignoring any power of a court to grant leave to take a step out of time).
(5) The preceding provisions of this section apply to Scotland with these modifications—
(a) in subsection (4)(b) omit the words from “if” to the end;
(b) omit subsection (4)(c).
(1) Rules of court must prescribe the period (the relevant period) within which the High Court must begin to hear an appeal under section 103, 105, 108 or 110.
(2) The High Court must begin to hear the appeal before the end of the relevant period.
(3) The High Court may extend the relevant period if it believes it to be in the interests of justice to do so; and this subsection may apply more than once.
(4) The power in subsection (3) may be exercised even after the end of the relevant period.
(5) If subsection (2) is not complied with and the appeal is under section 103 or 108—
(a) the appeal must be taken to have been allowed by a decision of the High Court;
(b) the person whose extradition has been ordered must be taken to have been discharged by the High Court;
(c) the order for the person’s extradition must be taken to have been quashed by the High Court.
(6) If subsection (2) is not complied with and the appeal is under section 105 or 110 the appeal must be taken to have been dismissed by a decision of the High Court.
(1) An appeal lies to the House of Lords from a decision of the High Court on an appeal under section 103, 105, 108 or 110.
(2) An appeal under this section lies at the instance of—
(a) the person whose extradition is requested;
(b) a person acting on behalf of the category 2 territory.
(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 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 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) If leave to appeal under this section is granted, the appeal must be brought before the end of the permitted period, which is 28 days starting with the day on which leave is granted.
(8) If subsection (7) is not complied with—
(a) the appeal must be taken to have been brought;
(b) the appeal must be taken to have been dismissed by the House of Lords immediately after the end of the period permitted under that subsection.
(9) These must be ignored for the purposes of subsection (8)(b)—
(a) any power of a court to extend the period permitted for bringing the appeal;
(b) any power of a court to grant leave to take a step out of time.
(10) The High Court may grant bail to a person appealing under this section or applying for leave to appeal under this section.
(11) 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.
(12) 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.
(13) The preceding provisions of this section do not apply to Scotland.
(1) On an appeal under section 114 the House of Lords may—
(a) allow the appeal;
(b) dismiss the appeal.
(2) Subsection (3) applies if—
(a) the person whose extradition is requested brings an appeal under section 114, and
(b) the House of Lords allows the appeal.
(3) The House of Lords must—
(a) order the person’s discharge;
(b) quash the order for his extradition, if the appeal was against a decision of the High Court to dismiss an appeal under section 103 or 108 or to allow an appeal under section 110.
(4) Subsection (5) applies if—
(a) the High Court allows an appeal under section 103 or 108 by the person whose extradition is requested or dismisses an appeal under section 110 by a person acting on behalf of the category 2 territory,
(b) a person acting on behalf of the category 2 territory brings an appeal under section 114 against the decision of the High Court, and
(c) the House of Lords allows the appeal.
(5) The House of Lords must—
(a) quash the order discharging the person made by the High Court under section 104(5) or 109(5) or by the Secretary of State under this Part;
(b) order the person to be extradited to the category 2 territory.
(6) Subsection (7) applies if—
(a) the High Court dismisses an appeal under section 105 against a decision made by the judge at the extradition hearing,
(b) a person acting on behalf of the category 2 territory brings an appeal under section 114 against the decision of the High Court, and
(c) the House of Lords allows the appeal.
(7) The House of Lords must—
(a) quash the order of the judge discharging the person whose extradition is requested;
(b) remit the case to the judge;
(c) direct him to proceed as he would have been required to do if he had decided the relevant question differently at the extradition hearing.
(8) A question is the relevant question if the judge’s decision on it resulted in the order for the person’s discharge.
A decision under this Part of the judge or the Secretary of State may be questioned in legal proceedings only by means of an appeal under this Part.
(1) This section applies if—
(a) the Secretary of State orders a person’s extradition to a category 2 territory under this Part, and
(b) no notice of an appeal under section 103 or 108 is given before the end of the permitted period, which is 14 days starting with the day on which the Secretary of State informs the person under section 100(1) that he has ordered his extradition.
(2) The person must be extradited to the category 2 territory before the end of the required period, which is 28 days starting with the day on which the Secretary of State makes the order.
(3) If subsection (2) is not complied with and the person applies to the appropriate judge to be discharged the judge must order his discharge, unless reasonable cause is shown for the delay.
(4) These must be ignored for the purposes of subsection (1)(b)—
(a) any power of a court to extend the period permitted for giving notice of appeal;
(b) any power of a court to grant leave to take a step out of time.
(1) This section applies if—
(a) there is an appeal to the High Court under section 103, 108 or 110 against a decision or order relating to a person’s extradition to a category 2 territory, and
(b) the effect of the decision of the relevant court on the appeal is that the person is to be extradited there.
(2) The person must be extradited to the category 2 territory before the end of the required period, which is 28 days starting with—
(a) the day on which the decision of the relevant court on the appeal becomes final, or
(b) the day on which proceedings on the appeal are discontinued.
(3) The relevant court is—
(a) the High Court, if there is no appeal to the House of Lords against the decision of the High Court on the appeal;
(b) the House of Lords, if there is such an appeal.
(4) The decision of the High Court on the appeal becomes final—
(a) when the period permitted for applying to the High Court for leave to appeal to the House of Lords ends, if there is no such application;
(b) when the period permitted for applying to the House of Lords for leave to appeal to it ends, if the High Court refuses leave to appeal and there is no application to the House of Lords for leave to appeal;
(c) when the House of Lords refuses leave to appeal to it;
(d) at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the House of Lords is granted, if no such appeal is brought before the end of that period.
(5) These must be ignored for the purposes of subsection (4)—
(a) any power of a court to extend the period permitted for applying for leave to appeal;
(b) any power of a court to grant leave to take a step out of time.
(6) The decision of the House of Lords on the appeal becomes final when it is made.
(7) If subsection (2) is not complied with and the person applies to the appropriate judge to be discharged the judge must order his discharge, unless reasonable cause is shown for the delay.
(8) The preceding provisions of this section apply to Scotland with these modifications—
(a) in subsections (1) and (2) for “relevant court” substitute “High Court”;
(b) omit subsections (3) to (6).
(1) This section applies if—
(a) the Secretary of State orders a person’s extradition to a category 2 territory under this Part;
(b) the person is serving a sentence of imprisonment or another form of detention in the United Kingdom.
(2) The Secretary of State may make the order for extradition subject to the condition that extradition is not to take place before he receives an undertaking given on behalf of the category 2 territory in terms specified by him.
(3) The terms which may be specified by the Secretary of State in relation to a person accused in a category 2 territory of the commission of an offence include terms—
(a) that the person be kept in custody until the conclusion of the proceedings against him for the offence and any other offence in respect of which he is permitted to be dealt with in the category 2 territory;
(b) that the person be returned to the United Kingdom to serve the remainder of his sentence on the conclusion of those proceedings.
(4) The terms which may be specified by the Secretary of State in relation to a person alleged to be unlawfully at large after conviction of an offence by a court in a category 2 territory include terms that the person be returned to the United Kingdom to serve the remainder of his sentence after serving any sentence imposed on him in the category 2 territory for—
(a) the offence, and
(b) any other offence in respect of which he is permitted to be dealt with in the category 2 territory.
(5) Subsections (6) and (7) apply if the Secretary of State makes an order for extradition subject to a condition under subsection (2).
(6) If the Secretary of State does not receive the undertaking before the end of the period of 21 days starting with the day on which he makes the order and the person applies to the High Court to be discharged, the court must order his discharge.
(7) If the Secretary of State receives the undertaking before the end of that period—
(a) in a case where section 117 applies, the required period for the purposes of section 117(2) is 28 days starting with the day on which the Secretary of State receives the undertaking;
(b) in a case where section 118 applies, the required period for the purposes of section 118(2) is 28 days starting with the day on which the decision of the relevant court on the appeal becomes final (within the meaning of that section) or (if later) the day on which the Secretary of State receives the undertaking.
(1) This section applies if—
(a) an order is made under this Part for a person to be extradited to a category 2 territory in pursuance of a request for his extradition;
(b) before the person is extradited to the territory an order is made under section 126(2) or 179(2) for the person’s extradition in pursuance of the request to be deferred;
(c) the appropriate judge makes an order under section 181(2) for the person’s extradition in pursuance of the request to cease to be deferred.
(2) In a case where section 117 applies, the required period for the purposes of section 117(2) is 28 days starting with the day on which the order under section 181(2) is made.
(3) In a case where section 118 applies, the required period for the purposes of section 118(2) is 28 days starting with the day on which the decision of the relevant court on the appeal becomes final (within the meaning of that section) or (if later) the day on which the order under section 181(2) is made.
(1) This section applies if—
(a) a person whose extradition is requested makes an asylum claim at any time in the relevant period;
(b) an order is made under this Part for the person to be extradited in pursuance of the request.
(2) The relevant period is the period—
(a) starting when a certificate is issued under section 70 in respect of the request;
(b) ending when the person is extradited in pursuance of the request.
(3) The person must not be extradited in pursuance of the request before the asylum claim is finally determined; and sections 117 and 118 have effect subject to this.
(4) If the Secretary of State allows the asylum claim, the claim is finally determined when he makes his decision on the claim.
(5) If the Secretary of State rejects the asylum claim, the claim is finally determined—
(a) when the Secretary of State makes his decision on the claim, if there is no right to appeal against the Secretary of State’s decision on the claim;
(b) when the period permitted for appealing against the Secretary of State’s decision on the claim ends, if there is such a right but there is no such appeal;
(c) when the appeal against that decision is finally determined or is withdrawn or abandoned, if there is such an appeal.
(6) An appeal against the Secretary of State’s decision on an asylum claim is not finally determined for the purposes of subsection (5) at any time when a further appeal or an application for leave to bring a further appeal—
(a) has been instituted and has not been finally determined or withdrawn or abandoned, or
(b) may be brought.
(7) The remittal of an appeal is not a final determination for the purposes of subsection (6).
(8) The possibility of an appeal out of time with leave must be ignored for the purposes of subsections (5) and (6).
(1) This section applies if at any time in the relevant period the appropriate judge 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—
(a) starting when the person first appears or is brought before the appropriate judge following his arrest under this Part;
(b) ending when the judge orders the person’s discharge or sends the case to the Secretary of State for his decision whether the person is to be extradited.
(3) The judge must order the person’s discharge.
(4) If the person is not before the judge at the time the judge orders his discharge, the judge must inform him of the order as soon as practicable.
(1) This section applies if at any time in the relevant period the Secretary of State is informed that a request for a person’s extradition has been withdrawn.
(2) The relevant period is the period—
(a) starting when the judge sends the case to the Secretary of State for his decision whether the person is to be extradited;
(b) ending when the person is extradited in pursuance of the request or discharged.
(3) The Secretary of State must order the person’s discharge.
(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—
(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.
(3) If the appeal is under section 103 or 108, 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 105 or 110, the court must dismiss the appeal.
(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 as soon as practicable.
(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 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;
(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;
(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 103 or 108.
(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.
(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 as soon as practicable.
(1) This section applies if—
(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 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;
(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 in particular 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);
(c) the date when each 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.
(1) A person arrested under a warrant issued under section 71 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.
(3) Consent under this section—
(a) must be given in writing;
(b) is irrevocable.
(4) Consent under this section which is given by a person before his case is sent to the Secretary of State for the Secretary of State’s decision whether he is to be extradited must be given before the appropriate judge.
(5) Consent under this section which is given in any other case must be given to the Secretary of State.
(6) A person may not give his consent under this section before the appropriate judge unless—
(a) he is legally represented before the appropriate judge at the time he gives consent, or
(b) he is a person to whom subsection (7) applies.
(7) This subsection applies to a person if—
(a) he has been informed of his right to apply for legal aid and has had the opportunity to apply for legal aid, but he has refused or failed to apply;
(b) he has applied for legal aid but his application has been refused;
(c) he was granted legal aid but the legal aid was withdrawn.
(8) In subsection (7) “legal aid” means—
(a) in England and Wales, a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service;
(b) in Scotland, such legal aid as is available by virtue of section 183(a) of this Act;
(c) in Northern Ireland, such free legal aid as is available by virtue of sections 184 and 185 of this Act.
(9) For the purposes of subsection (6) a person is to be treated as legally represented before the appropriate judge if (and only if) he has the assistance of counsel or a solicitor to represent him in the proceedings before the appropriate judge.
(1) This section applies if a person gives his consent under section 127 to the appropriate judge.
(2) If the judge has not fixed a date under section 75 or 76 on which the extradition hearing is to begin he is not required to do so.
(3) If the extradition hearing has begun the judge is no longer required to proceed or continue proceeding under sections 78 to 91.
(4) The judge must send the case to the Secretary of State for his decision whether the person is to be extradited.
(5) 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.
(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 person being dealt with in the 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 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 serve notice on the person that he has received the request for consent, unless he is satisfied that it would not be practicable to do so.
(4) The Secretary of State must decide whether the offence is an extradition offence.
(5) If the Secretary of State decides the question in subsection (4) in the negative he must refuse his consent.
(6) If the Secretary of State decides that question in the affirmative he must decide whether the appropriate judge would send the case to him (for his decision whether the person was to be extradited) under sections 79 to 91 if—
(a) the person were in the United Kingdom, and
(b) the judge were required to proceed under section 79 in respect of the offence for which the Secretary of State’s consent is requested.
(7) If the Secretary of State decides the question in subsection (6) in the negative he must refuse his consent.
(8) 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 94, 95 or 96.
(9) If the Secretary of State decides the question in subsection (8) in the affirmative he must refuse his consent.
(10) If the Secretary of State decides that question in the negative he may give his consent.
(1) This section applies if—
(a) a person is extradited to a category 2 territory (the requesting territory) in accordance with this 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 of the requesting 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.
Extradition Act 2003