Office of Public Sector Information
PART 2 continued
(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 in relation to the category 2 territory referred to in subsection (1)(b).
(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 a category 1 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.
(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 within the meaning given by section 64 in relation to the category 1 territory.
(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 order the person’s extradition under 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.
(7) If the Secretary of State decides the question in subsection (6) in the affirmative he must give his consent.
(8) If the Secretary of State decides that question in the negative he must refuse his consent.
(1) This section applies if—
(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;
(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 extradition does not count as time served by him as part of his sentence.
(5) But subsection (4) does not apply if—
(a) the person was extradited for the purpose of being prosecuted for an offence, and
(b) the person has not been convicted of the offence or of any other offence in respect of which he was permitted to be dealt with in the category 2 territory.
(6) In a case falling within subsection (5), time during which the person was not in the United Kingdom as a result of his extradition counts as time served by him as part of his sentence if (and only if) it was spent in custody in connection with the offence or any other offence in respect of which he was permitted to be dealt with in the territory.
(1) This section applies if any of the following occurs in relation to a person whose extradition is requested under this Part—
(a) an order for the person’s extradition is made under this Part;
(b) the High Court dismisses an appeal under section 103 or 108;
(c) the High Court or the House of Lords dismisses an application for leave to appeal to the House of Lords under section 114, if the application is made by the person;
(d) the House of Lords dismisses an appeal under section 114, 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.
(3) In a case falling within subsection (1)(b) by virtue of section 104(7), the judge who decides the question that is (or all the questions that are) the subject of a direction under section 104(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 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.
(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.
(1) This section applies if any of the following occurs in relation to a person whose 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 105 or 110;
(d) the High Court or the House of Lords dismisses an application for leave to appeal to the House of Lords under section 114, if the application is made on behalf of the category 2 territory;
(e) the House of Lords dismisses an appeal under section 114, 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 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.
(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 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.
(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;
(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;
(b) must be determined in accordance with regulations made by the Lord Chancellor for the purposes of this section, in any other case.
(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 effect) apply in relation to section 134 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 134(5) were an order under Part 2 of that Act for a payment to be made out of central funds.
(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 134 as that section applies in relation to sections 2 to 5 of that Act.
(1) This section applies if—
(a) a request is made for a person’s extradition to a category 2 territory and the request contains the statement referred to in subsection (2), or
(b) a provisional warrant for a person’s arrest is sought on behalf of a category 2 territory and the information laid before the justice contains the statement referred to in subsection (2).
(2) The statement is one that the person—
(a) is alleged to be unlawfully at large from a prison in one territory (the imprisoning territory) in which he was serving a sentence after conviction of an offence specified in the request by a court in another territory (the convicting territory), and
(b) was serving the sentence in pursuance of international arrangements for prisoners sentenced in one territory to be repatriated to another territory in order to serve their sentence.
(3) If the category 2 territory is either the imprisoning territory or the convicting territory—
(a) section 70(3) has effect as if the reference to the statement referred to in subsection (4) of that section were a reference to the statement referred to in subsection (2) of this section;
(b) section 73(1) has effect as if the reference to a person within subsection (2) of that section were a reference to the person referred to in subsection (1)(b) of this section.
(4) If the category 2 territory is the imprisoning territory—
(a) sections 71(2)(a), 73(3)(a) and 78(4)(b) have effect as if “an extradition offence” read “an extradition offence in relation to the convicting territory”;
(b) sections 74(8)(a) and 127(2) have effect as if “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” read “the imprisoning territory”;
(c) section 74(11)(b) has effect as if “the category 2 territory” read “the imprisoning territory”;
(d) section 78(2)(e) has effect as if “the category 2 territory” read “the convicting territory”;
(e) section 85(5) has effect as if after “entitled” there were inserted “in the convicting territory”;
(f) section 119(4) has effect as if “a category 2 territory” read “the convicting territory” and as if “the category 2 territory” in both places read “the convicting territory”;
(g) section 138(1) has effect as if “a category 2 territory” read “the convicting territory”;
(h) in section 138, subsections (2), (3), (4), (5) and (7) have effect as if “the category 2 territory” read “the convicting territory”.
(5) Subsection (1)(b) applies to Scotland with the substitution of “application by the procurator fiscal sets out the matters referred to in paragraphs (a) and (b) of subsection (2)” for “information laid by the justice contains the statement referred to in subsection (2)”.
(6) Subsection (1)(b) applies to Northern Ireland with the substitution of “the complaint made to” for “the information laid before”.
(1) This section applies in relation to conduct of a person if—
(a) he is accused in a category 2 territory of the commission of an offence constituted by the conduct, or
(b) he is alleged to be unlawfully at large after conviction by a court in a category 2 territory of an offence constituted by the conduct and he has not been sentenced for the offence.
(2) The conduct constitutes an extradition offence in relation to the category 2 territory if these conditions are satisfied—
(a) the conduct occurs in the category 2 territory;
(b) the conduct would constitute an offence under the law of the relevant part of the United Kingdom punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment if it occurred in that part of the United Kingdom;
(c) the conduct is so punishable under the law of the category 2 territory (however it is described in that law).
(3) The conduct also constitutes an extradition offence in relation to the category 2 territory if these conditions are satisfied—
(a) the conduct occurs outside the category 2 territory;
(b) the conduct is punishable under the law of the category 2 territory with imprisonment or another form of detention for a term of 12 months or a greater punishment (however it is described in that law);
(c) in corresponding circumstances equivalent conduct would constitute an extra-territorial offence under the law of the relevant part of the United Kingdom punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment.
(4) The conduct also constitutes an extradition offence in relation to the category 2 territory if these conditions are satisfied—
(a) the conduct occurs outside the category 2 territory and no part of it occurs in the United Kingdom;
(b) the conduct would constitute an offence under the law of the relevant part of the United Kingdom punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment if it occurred in that part of the United Kingdom;
(c) the conduct is so punishable under the law of the category 2 territory (however it is described in that law).
(5) The conduct also constitutes an extradition offence in relation to the category 2 territory if these conditions are satisfied—
(a) the conduct occurs outside the category 2 territory and no part of it occurs in the United Kingdom;
(b) the conduct is punishable under the law of the category 2 territory with imprisonment for a term of 12 months or another form of detention or a greater punishment (however it is described in that law);
(c) the conduct constitutes or if committed in the United Kingdom would constitute an offence mentioned in subsection (6).
(6) The offences are—
(a) an offence under section 51 or 58 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity and war crimes);
(b) an offence under section 52 or 59 of that Act (conduct ancillary to genocide etc. committed outside the jurisdiction);
(c) an ancillary offence, as defined in section 55 or 62 of that Act, in relation to an offence falling within paragraph (a) or (b);
(d) an offence under section 1 of the International Criminal Court (Scotland) Act 2001 (asp 13) (genocide, crimes against humanity and war crimes);
(e) an offence under section 2 of that Act (conduct ancillary to genocide etc. committed outside the jurisdiction);
(f) an ancillary offence, as defined in section 7 of that Act, in relation to an offence falling within paragraph (d) or (e).
(7) If the conduct constitutes an offence under the military law of the category 2 territory but does not constitute an offence under the general criminal law of the relevant part of the United Kingdom it does not constitute an extradition offence; and subsections (1) to (6) have effect subject to this.
(8) The relevant part of the United Kingdom is the part of the United Kingdom in which—
(a) the extradition hearing took place, if the question of whether conduct constitutes an extradition offence is to be decided by the Secretary of State;
(b) proceedings in which it is necessary to decide that question are taking place, in any other case.
(9) Subsections (1) to (7) apply for the purposes of this Part.
(1) This section applies in relation to conduct of a person if—
(a) he is alleged to be unlawfully at large after conviction by a court in a category 2 territory of an offence constituted by the conduct, and
(b) he has been sentenced for the offence.
(2) The conduct constitutes an extradition offence in relation to the category 2 territory if these conditions are satisfied—
(a) the conduct occurs in the category 2 territory;
(b) the conduct would constitute an offence under the law of the relevant part of the United Kingdom punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment if it occurred in that part of the United Kingdom;
(c) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 2 territory in respect of the conduct.
(3) The conduct also constitutes an extradition offence in relation to the category 2 territory if these conditions are satisfied—
(a) the conduct occurs outside the category 2 territory;
(b) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 2 territory in respect of the conduct;
(c) in corresponding circumstances equivalent conduct would constitute an extra-territorial offence under the law of the relevant part of the United Kingdom punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment.
(4) The conduct also constitutes an extradition offence in relation to the category 2 territory if these conditions are satisfied—
(a) the conduct occurs outside the category 2 territory and no part of it occurs in the United Kingdom;
(b) the conduct would constitute an offence under the law of the relevant part of the United Kingdom punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment if it occurred in that part of the United Kingdom;
(c) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 2 territory in respect of the conduct.
(5) The conduct also constitutes an extradition offence in relation to the category 2 territory if these conditions are satisfied—
(a) the conduct occurs outside the category 2 territory and no part of it occurs in the United Kingdom;
(b) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 2 territory in respect of the conduct;
(c) the conduct constitutes or if committed in the United Kingdom would constitute an offence mentioned in subsection (6).
(6) The offences are—
(a) an offence under section 51 or 58 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity and war crimes);
(b) an offence under section 52 or 59 of that Act (conduct ancillary to genocide etc. committed outside the jurisdiction);
(c) an ancillary offence, as defined in section 55 or 62 of that Act, in relation to an offence falling within paragraph (a) or (b);
(d) an offence under section 1 of the International Criminal Court (Scotland) Act 2001 (asp 13) (genocide, crimes against humanity and war crimes);
(e) an offence under section 2 of that Act (conduct ancillary to genocide etc. committed outside the jurisdiction);
(f) an ancillary offence, as defined in section 7 of that Act, in relation to an offence falling within paragraph (d) or (e).
(7) If the conduct constitutes an offence under the military law of the category 2 territory but does not constitute an offence under the general criminal law of the relevant part of the United Kingdom it does not constitute an extradition offence; and subsections (1) to (6) have effect subject to this.
(8) The relevant part of the United Kingdom is the part of the United Kingdom in which—
(a) the extradition hearing took place, if the question of whether conduct constitutes an extradition offence is to be decided by the Secretary of State;
(b) proceedings in which it is necessary to decide that question are taking place, in any other case.
(9) Subsections (1) to (7) apply for the purposes of this Part.
(1) The appropriate judge is—
(a) in England and Wales, a District Judge (Magistrates' Courts) designated for the purposes of this Part by the Lord Chancellor;
(b) in Scotland, the sheriff of Lothian and Borders;
(c) in Northern Ireland, such county court judge or resident magistrate as is designated for the purposes of this Part by the Lord Chancellor.
(2) A designation under subsection (1) may be made for all cases or for such cases (or cases of such description) as the designation stipulates.
(3) More than one designation may be made under subsection (1).
(4) This section applies for the purposes of this Part.
(1) The extradition hearing is the hearing at which the appropriate judge is to deal with a request for extradition to a category 2 territory.
(2) This section applies for the purposes of this Part.
(1) This Part applies in relation to any function which falls under this Part to be exercised in relation to Scotland only as if references in this Part to the Secretary of State were to the Scottish Ministers.
(2) Subsection (1) does not apply to the references to the Secretary of State in sections 83(3), 101(5) and 121.
Extradition Act 2003