Extradition Act 2003

• (a) the High Court, if there is no appeal to the Supreme Court against the decision of the High Court on the appeal;

• (b) the Supreme Court, if there is such an appeal.

• (5) 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 Supreme Court ends, if there is no such application;

• (b) when the period permitted for applying to the Supreme Court for leave to appeal to it ends, if the High Court refuses leave to appeal and there is no application to the Supreme Court for leave to appeal;

• (c) when the Supreme Court 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 Supreme Court is granted, if no such appeal is brought before the end of that period.

• (6) These must be ignored for the purposes of subsection (5)—

• (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.

• (7) The decision of the Supreme Court on the appeal becomes final when it is made.

• (8) 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.

• (9) The preceding provisions of this section do not apply to Scotland.

Extradition following appeal: Scotland

36A

• (1) This section applies if—

• (a) there is an appeal to the High Court under section 26 against an order for a person's extradition to a category 1 territory, and

• (b) the effect of the decision in the relevant proceedings is that the person must be extradited to the category 1 territory.

• (2) The “relevant proceedings” are—

• (a) the proceedings on the appeal under section 26 if—

• (i) no Supreme Court devolution appeal is made, or

• (ii) a Supreme Court devolution appeal is made and the Supreme Court remits the case to the High Court, or

• (b) the proceedings on a Supreme Court devolution appeal if such an appeal is made and the Supreme Court does not remit the case to the High Court.

• (3) The person must be extradited to the category 1 territory before the end of the required period, which is 28 days starting with—

• (a) the day on which the decision in the relevant proceedings becomes final, or

• (b) the day on which the relevant proceedings are abandoned.

• (4) In a case where the relevant proceedings are proceedings on the appeal under section 26 (except where the case has been remitted to the High Court on a Supreme Court devolution appeal), the decision in those proceedings becomes final—

• (a) at the end of the period of 28 days starting with the day of the decision (unless, within that period, an application is made to the High Court for permission to make a Supreme Court devolution appeal);

• (b) at the end of the period of 28 days starting with the day when the High Court refuses permission to make a Supreme Court devolution appeal (unless, within that period, an application is made to the Supreme Court for permission to make that appeal);

• (c) when the Supreme Court refuses permission to make a Supreme Court devolution appeal;

• (d) at the end of the permitted period, which is 28 days starting with the day on which permission to make a Supreme Court devolution appeal 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 permission to appeal;

• (b) any power of a court to grant permission to take a step out of time.

• (6) In a case where—

• (a) the relevant proceedings are proceedings on the appeal under section 26, and

• (b) the case has been remitted to the High Court on a Supreme Court devolution appeal,

the decision in those proceedings becomes final when it is made.

• (7) In a case where—

• (a) the relevant proceedings are proceedings on a Supreme Court devolution appeal, and

• (b) the decision is not to remit the case to the High Court,

the decision in those proceedings becomes final when it is made.

• (8) If subsection (3) is not complied with and the person applies to the appropriate judge to be discharged, the judge must order the person's discharge, unless reasonable cause is shown for the delay.

• (9) In this section “ Supreme Court devolution appeal ” means an appeal to the Supreme Court against a determination of a devolution issue relating to a person's extradition.

• (10) This section applies only to Scotland.

Judge informed after extradition hearing that person is charged with offence in United Kingdom

36B

• (1) This section applies if—

• (a) an order has been made for the extradition of the person in respect of whom the Part 1 warrant is issued, and

• (b) before the extradition order is carried out the appropriate judge is informed that the person is charged with an offence in the United Kingdom.

• (2) The appropriate judge must order the extradition order not to be carried out until one of these occurs—

• (a) the charge is disposed of;

• (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 a sentence of imprisonment or another form of detention is imposed in respect of the offence charged, the appropriate judge may order the extradition order not to be carried out until the person is released from detention pursuant to the sentence (whether on licence or otherwise).

• (4) Rules of court may provide that where there is an appeal against the extradition order—

• (a) a reference in this section to the appropriate judge has effect, in prescribed circumstances, as if it were a reference to the court hearing the appeal, and

• (b) this section has effect with any other prescribed modifications.

Judge informed after extradition hearing that person is serving sentence in United Kingdom

36C

• (1) This section applies if—

• (a) an order has been made for the extradition of the person in respect of whom the Part 1 warrant is issued, and

• (b) before the extradition order is carried out the appropriate judge is informed that the person is serving a sentence of imprisonment or another form of detention in the United Kingdom.

• (2) The appropriate judge may order the extradition order not to be carried out until the person is released from detention pursuant to the sentence (whether on licence or otherwise).

• (3) Rules of court may provide that where there is an appeal against the extradition order —

• (a) a reference in this section to the appropriate judge has effect, in prescribed circumstances, as if it were a reference to the court hearing the appeal, and

• (b) this section has effect with any other prescribed modifications.

Undertaking in relation to person serving sentence in United Kingdom

37

• (1) This section applies if—

• (a) the appropriate judge orders a person’s extradition to a category 1 territory under this Part;

• (b) the person is serving a sentence of imprisonment or another form of detention in the United Kingdom , either—

• (i) in custody, or

• (ii) on licence.

• (2) But this section does not apply if the order is made under section 46 or 48.

• (3) The judge 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 1 territory in terms specified by him.

• (4) The terms which may be specified by the judge in relation to a person within subsection (1)(b)(i) who is accused in a category 1 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 1 territory;

• (b) that the person be returned to the United Kingdom to serve the remainder of his sentence on the conclusion of those proceedings.

• (4A) The terms which may be specified by the judge in relation to a person within subsection (1)(b)(ii) who is accused in a category 1 territory of the commission of an offence 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 1 territory for—

• (a) the offence, and

• (b) any other offence in respect of which he is permitted to be dealt with in the category 1 territory.

• (5) The terms which may be specified by the judge in relation to a person alleged to be unlawfully at large after conviction of an offence by a court in a category 1 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 1 territory for—

• (a) the offence, and

• (b) any other offence in respect of which he is permitted to be dealt with in the category 1 territory.

• (6) Subsections (7) and (8) apply if the judge makes an order for extradition subject to a condition under subsection (3).

• (7) If the judge 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 appropriate judge to be discharged, the judge must order his discharge.

• (8) If the judge receives the undertaking before the end of that period—

• (a) in a case where section 35 applies, the required period for the purposes of section 35(3) is 10 days starting with the day on which the judge receives the undertaking;

• (b) in a case where section 36 applies, the required period for the purposes of section 36(2) is 10 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 judge receives the undertaking.

Paragraph (a) applies only if the day mentioned in that paragraph is later than the day mentioned in section 35(4)(a)(i) or (ii).

Extradition following deferral for competing claim

38

• (1) This section applies if—

• (a) an order is made under this Part for a person to be extradited to a category 1 territory in pursuance of a Part 1 warrant;

• (b) before the person is extradited to the territory an order is made under section 44(4)(b) or 179(2)(b) for the person’s extradition in pursuance of the warrant to be deferred;

• (c) the appropriate judge makes an order under section 181(2) for the person’s extradition in pursuance of the warrant to cease to be deferred.

• (2) But this section does not apply if the order for the person’s extradition is made under section 46 or 48.

• (3) In a case where section 35 applies, the required period for the purposes of section 35(3) is 10 days starting with the day on which the order under section 181(2) is made. This subsection applies only if the day on which the order is made is later than the day mentioned in section 35(4)(a)(i) or (ii).

• (4) In a case where section 36 applies, the required period for the purposes of section 36(2) is 10 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.

Asylum claim

39

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) If—

• (a) an order is made under this Part for a person to be extradited in pursuance of a Part 1 warrant, and

• (b) the person has made an asylum claim (whether before or after the issue of the warrant),

the person must not be extradited in pursuance of the warrant before the asylum claim is finally determined; and sections 35, 36, 47 and 49 have effect subject to this.

• (4) Subsection (3) is subject to section 40.

• (5) If the Secretary of State allows the asylum claim, the claim is finally determined when he makes his decision on the claim.

• (6) 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.

• (7) An appeal against the Secretary of State’s decision on an asylum claim is not finally determined for the purposes of subsection (6) 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.

• (8) The remittal of an appeal is not a final determination for the purposes of subsection (7).

• (9) The possibility of an appeal out of time with leave must be ignored for the purposes of subsections (6) and (7).

Certificate in respect of asylum claimant

40

• (1) Section 39(3) does not apply in relation to a person if the Secretary of State has certified that the conditions in subsection (2) or the conditions in subsection (3) are satisfied in relation to him.

• (2) The conditions are that—

• (a) the category 1 territory to which the person’s extradition has been ordered has accepted that, under standing arrangements, it is the responsible State in relation to the person’s asylum claim;

• (b) in the opinion of the Secretary of State, the person is not a national or citizen of the territory.

• (3) The conditions are that, in the opinion of the Secretary of State—

• (a) the person is not a national or citizen of the category 1 territory to which his extradition has been ordered;

• (b) the person’s life and liberty would not be threatened in that territory by reason of his race, religion, nationality, political opinion or membership of a particular social group;

• (c) the government of the territory would not send the person to another country otherwise than in accordance with the Refugee Convention.

• (4) In this section—

• ...

• “standing arrangements” means arrangements in force between the United Kingdom and the category 1 territory for determining which State is responsible for considering applications for asylum.

Withdrawal of Part 1 warrant

Withdrawal of warrant before extradition

41

• (1) This section applies if at any time in the relevant period the appropriate judge is informed by the designated authority that a Part 1 warrant issued in respect of a person has been withdrawn.

• (2) The relevant period is the period—

• (a) starting when the person is first brought before the appropriate judge following his arrest under this Part;

• (b) ending when the person is extradited in pursuance of the warrant or discharged.

• (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.

Withdrawal of warrant whileapplication or appeal to High Court pending

42

• (1) This section applies if at any time in the relevant period the High Court is informed by the designated authority that a Part 1 warrant issued in respect of a person has been withdrawn.

• (2) The relevant period is the period—

• (a) starting when notice of application for leave to appeal to the High Court is given by the person or the authority which issued the warrant;

• (b) ending with the relevant day.

• (2A) “The relevant day” is—

• (a) if the High Court refuses leave to appeal to it, the day on which the decision to refuse leave becomes final;

• (b) if leave to appeal is given but proceedings on the appeal are discontinued, the day of discontinuance;

• (c) if leave to appeal is given and proceedings on the appeal are not discontinued, the day on which the court makes its decision on the appeal.

For the purposes of paragraph (a), the decision to refuse leave becomes final when, in accordance with rules of court, there is no further step that can be taken in relation to the application for leave to appeal (ignoring any power of a court to grant leave to take a step out of time).

• (3) The court must—

• (a) in the case of an application or appeal under section 26, order the person’s discharge and quash the order for his extradition;

• (b) in the case of an application or appeal under section 28, dismiss the application or appeal.

• (4) 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.

Withdrawal of warrant while appeal to Supreme Court pending

43

• (1) This section applies if at any time in the relevant period the Supreme Court is informed by the designated authority that a Part 1 warrant issued in respect of a person has been withdrawn.

• (2) The relevant period is the period—

• (a) starting when leave to appeal to the Supreme Court is granted to the person or the authority which issued the warrant;

• (b) ending when proceedings on the appeal are discontinued or the Supreme Court makes its decision on the appeal.

• (3) If the appeal is brought by the person in respect of whom the warrant was issued the Supreme Court 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 26.

• (4) If the appeal is brought by the authority which issued the warrant the Supreme Court must dismiss the appeal.

• (5) If the person is not before the Supreme Court at the time it orders his discharge, the Supreme Court must inform him of the order as soon as practicable.

Competing Part 1 warrants

Competing Part 1 warrants

44

• (1) This section applies if at any time in the relevant period the conditions in subsection (3) are satisfied in relation to a person in respect of whom a Part 1 warrant has been issued.

• (2) The relevant period is the period—

• (a) starting when the person is first brought before the appropriate judge following his arrest under this Part;

• (b) ending when the person is extradited in pursuance of the warrant or discharged.

• (3) The conditions are that—

• (a) the judge is informed that another Part 1 warrant has been issued in respect of the person;

• (b) the other warrant falls to be dealt with by the judge or by a judge who is the appropriate judge in another part of the United Kingdom;

• (c) the other warrant has not been disposed of.

• (4) The judge may—

• (a) order further proceedings on the warrant under consideration to be deferred until the other warrant has been disposed of, if the warrant under consideration has not been disposed of;

• (b) order the person’s extradition in pursuance of the warrant under consideration to be deferred until the other warrant has been disposed of, if an order for his extradition in pursuance of the warrant under consideration has been made.

• (5) If the judge makes an order under subsection (4) and the person is not already remanded in custody or on bail, the judge must remand the person in custody or on bail.

• (6) If the person is remanded in custody, the appropriate judge may later grant bail.

• (7) In applying subsection (4) the judge 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 on which each warrant was issued;

• (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.

Consent to extradition

Consent to extradition

45

• (1) A person arrested under a Part 1 warrant may consent to his extradition to the category 1 territory in which the warrant was issued.

• (2) A person arrested under section 5 may consent to his extradition to the category 1 territory referred to in subsection (1) of that section.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Consent under this section—

• (a) must be given before the appropriate judge;

• (b) must be recorded in writing;

• (c) is irrevocable.

• (5) A person may not give his consent under this section 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 (6) applies.

• (6) 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.

• (7) In subsection (6) “legal aid” means—

• (a) in England and Wales, representation for the purposes of criminal proceedings provided under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012;

• (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.

• (8) For the purposes of subsection (5) 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.

Extradition order following consent

46

• (1) This section applies if a person consents to his extradition under section 45.

• (2) The judge must remand the person in custody or on bail.

• (3) If the person is remanded in custody, the appropriate judge may later grant bail.

• (4) If the judge has not fixed a date under section 8 on which the extradition hearing is to begin he is not required to do so.

• (5) If the extradition hearing has begun the judge is no longer required to proceed or continue proceeding under sections 10 to 25.

• (6) The judge must within the period of 10 days starting with the day on which consent is given order the person’s extradition to the category 1 territory.

• (7) Subsection (6) has effect subject to sections 48 and 51.

• (8) If subsection (6) is not complied with and the person applies to the judge to be discharged the judge must order his discharge.

Extradition to category 1 territory following consent

47

• (1) This section applies if the appropriate judge makes an order under section 46(6) for a person’s extradition to a category 1 territory.

• (2) The person must be extradited to the category 1 territory before the end of the required period.

• (3) The required period is—

• (a) 10 days starting with the day on which the order is made, or

• (b) if the judge and the authority which issued the Part 1 warrant agree a later date, 10 days starting with the later date.

• (4) If subsection (2) is not complied with and the person applies to the judge to be discharged the judge must order his discharge, unless reasonable cause is shown for the delay.

• (5) If before the person is extradited to the category 1 territory the judge is informed by the designated authority that the Part 1 warrant has been withdrawn—

• (a) subsection (2) does not apply, and

• (b) the judge must order the person’s discharge.

Other warrant issued following consent

48

• (1) This section applies if—

• (a) a person consents under section 45 to his extradition to a category 1 territory, and

• (b) the conditions in subsection (2) are satisfied before the judge orders his extradition under section 46(6).

• (2) The conditions are that—

• (a) the judge is informed that another Part 1 warrant has been issued in respect of the person;

• (b) the warrant falls to be dealt with by the judge or by a judge who is the appropriate judge in another part of the United Kingdom;

• (c) the warrant has not been disposed of.

• (3) Section 46(6) does not apply but the judge may—

• (a) order the person’s extradition in pursuance of his consent, or

• (b) order further proceedings on the warrant under consideration to be deferred until the other warrant has been disposed of.

• (4) Subsection (3) is subject to section 51.

• (5) In applying subsection (3) the judge 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 on which each warrant was issued;

• (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.

Other warrant issued: extradition to category 1 territory

49

• (1) This section applies if the appropriate judge makes an order under section 48(3)(a) for a person’s extradition to a category 1 territory.

• (2) The person must be extradited to the category 1 territory before the end of the required period.

• (3) The required period is—

• (a) 10 days starting with the day on which the order is made, or

• (b) if the judge and the authority which issued the Part 1 warrant agree a later date, 10 days starting with the later date.

• (4) If subsection (2) is not complied with and the person applies to the judge to be discharged the judge must order his discharge, unless reasonable cause is shown for the delay.

• (5) If before the person is extradited to the category 1 territory the judge is informed by the designated authority that the Part 1 warrant has been withdrawn—

• (a) subsection (2) does not apply, and

• (b) the judge must order the person’s discharge.

Other warrant issued: proceedings deferred

50

• (1) This section applies if the appropriate judge makes an order under section 48(3)(b) for further proceedings on a Part 1 warrant to be deferred.

• (2) The judge must remand the person in respect of whom the warrant was issued in custody or on bail.

• (3) If the person is remanded in custody, the appropriate judge may later grant bail.

• (4) If an order is made under section 180 for proceedings on the warrant to be resumed, the period specified in section 46(6) must be taken to be 10 days starting with the day on which the order under section 180 is made.

Extradition request following consent

51

• (1) This section applies if—

• (a) a person in respect of whom a Part 1 warrant is issued consents under section 45 to his extradition to the category 1 territory in which the warrant was issued, and

• (b) the condition in subsection (2) is satisfied before the judge orders his extradition under section 46(6) or 48(3)(a).

• (2) The condition is that the judge is informed that—

• (a) a certificate has been issued under section 70 in respect of a request for the person’s extradition;

• (b) the request has not been disposed of.

• (3) The judge must not make an order under section 46(6) or 48(3) until he is informed what order has been made under section 179(2).

• (4) If the order under section 179(2) is for further proceedings on the warrant to be deferred until the request has been disposed of, the judge must remand the person in custody or on bail.

• (5) If the person is remanded in custody, the appropriate judge may later grant bail.

• (6) If—

• (a) the order under section 179(2) is for further proceedings on the warrant to be deferred until the request has been disposed of, and

• (b) an order is made under section 180 for proceedings on the warrant to be resumed,

the period specified in section 46(6) must be taken to be 10 days starting with the day on which the order under section 180 is made.

• (7) If the order under section 179(2) is for further proceedings on the request to be deferred until the warrant has been disposed of, the period specified in section 46(6) must be taken to be 10 days starting with the day on which the judge is informed of the order.

Undertaking in relation to person serving sentence

52

• (1) This section applies if—

• (a) the appropriate judge makes an order under section 46(6) or 48(3)(a) for a person’s extradition to a category 1 territory;

• (b) the person is serving a sentence of imprisonment or another form of detention in the United Kingdom , either—

• (i) in custody, or

• (ii) on licence

.

• (2) The judge 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 1 territory in terms specified by him.

• (3) The terms which may be specified by the judge in relation to a person within subsection (1)(b)(i) who is accused in a category 1 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 1 territory;

• (b) that the person be returned to the United Kingdom to serve the remainder of his sentence on the conclusion of those proceedings.

• (3A) The terms which may be specified by the judge in relation to a person within subsection (1)(b)(ii) who is accused in a category 1 territory of the commission of an offence 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 1 territory for—

• (a) the offence, and

• (b) any other offence in respect of which he is permitted to be dealt with in the category 1 territory.

• (4) The terms which may be specified by the judge in relation to a person alleged to be unlawfully at large after conviction of an offence by a court in a category 1 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 1 territory for—

• (a) the offence, and

• (b) any other offence in respect of which he is permitted to be dealt with in the category 1 territory.

• (5) If the judge makes an order for extradition subject to a condition under subsection (2) the required period for the purposes of sections 47(2) and 49(2) is 10 days starting with the day on which the judge receives the undertaking.

Extradition following deferral for competing claim

53

• (1) This section applies if—

• (a) an order is made under section 46(6) or 48(3)(a) for a person to be extradited to a category 1 territory in pursuance of a Part 1 warrant;

• (b) before the person is extradited to the territory an order is made under section 44(4)(b) or 179(2)(b) for the person’s extradition in pursuance of the warrant to be deferred;

• (c) the appropriate judge makes an order under section 181(2) for the person’s extradition in pursuance of the warrant to cease to be deferred.

• (2) The required period for the purposes of sections 47(2) and 49(2) is 10 days starting with the day on which the order under section 181(2) is made.

Post-extradition matters

Request for consent to other offence being dealt with

54

• (1) This section applies if—

• (a) a person is extradited to a category 1 territory in respect of an offence in accordance with this Part;

• (b) the appropriate judge receives a request for consent to the person being dealt with in the territory for another offence;

• (c) the request is certified under this section by the designated authority.

• (2) The designated authority may certify a request for consent under this section if it believes that the authority making the request—

• (a) is a judicial authority of the territory, and

• (b) has the function of making requests for the consent referred to in subsection (1)(b) in that territory.

• (3) A certificate under subsection (2) must certify that the authority making the request falls within paragraphs (a) and (b) of that subsection.

• (4) The judge 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.

• (5) The consent hearing must begin before the end of the required period, which is 21 days starting with the day on which the request for consent is received by the designated authority.

• (6) The judge may extend the required period if he believes it to be in the interests of justice to do so; and this subsection may apply more than once.

• (7) The power in subsection (6) may be exercised even after the end of the required period.

• (8) If the consent hearing does not begin before the end of the required period and the judge does not exercise the power in subsection (6) to extend the period, he must refuse consent.

• (9) The judge may at any time adjourn the consent hearing.

• (10) The consent hearing is the hearing at which the judge is to consider the request for consent.

Questions for decision at consent hearing

55

• (1) At the consent hearing under section 54 the judge must decide whether consent is required to the person being dealt with in the territory for the offence for which consent is requested.

• (2) If the judge decides the question in subsection (1) in the negative he must inform the authority making the request of his decision.

• (3) If the judge decides that question in the affirmative he must decide whether the offence for which consent is requested is an extradition offence.

• (4) If the judge decides the question in subsection (3) in the negative he must refuse consent.

• (5) If the judge decides that question in the affirmative he must decide whether he 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 consent is requested.

• (6) If the judge decides the question in subsection (5) in the affirmative he must give consent.

• (7) If the judge decides that question in the negative he must refuse consent.

• (8) Consent is not required to the person being dealt with in the territory for the offence if the person has been given an opportunity to leave the territory and—

• (a) he has not done so before the end of the permitted period, or

• (b) if he did so before the end of the permitted period, he has returned there.

• (9) The permitted period is 45 days starting with the day on which the person arrived in the territory following his extradition there in accordance with this Part.

• (10) Subject to subsection (8), the judge must decide whether consent is required to the person being dealt with in the territory for the offence by reference to what appears to him to be the law of the territory or arrangements made between the territory and the United Kingdom.

Request for consent to further extradition to category 1 territory

56

• (1) This section applies if—

• (a) a person is extradited to a category 1 territory (the requesting territory) in accordance with this Part;

• (b) the appropriate judge receives a request for consent to the person’s extradition to another category 1 territory for an offence;

• (c) the request is certified under this section by the designated authority.

• (2) The designated authority may certify a request for consent under this section if it believes that the authority making the request—

• (a) is a judicial authority of the requesting territory, and

• (b) has the function of making requests for the consent referred to in subsection (1)(b) in that territory.

• (3) A certificate under subsection (2) must certify that the authority making the request falls within paragraphs (a) and (b) of that subsection.

• (4) The judge 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.

• (5) The consent hearing must begin before the end of the required period, which is 21 days starting with the day on which the request for consent is received by the designated authority.

• (6) The judge may extend the required period if he believes it to be in the interests of justice to do so; and this subsection may apply more than once.

• (7) The power in subsection (6) may be exercised even after the end of the required period.

• (8) If the consent hearing does not begin before the end of the required period and the judge does not exercise the power in subsection (6) to extend the period, he must refuse consent.

• (9) The judge may at any time adjourn the consent hearing.

• (10) The consent hearing is the hearing at which the judge is to consider the request for consent.

Questions for decision at consent hearing

57

• (1) At the consent hearing under section 56 the judge must decide whether consent is required to the person’s extradition to the other category 1 territory for the offence.

• (2) If the judge decides the question in subsection (1) in the negative he must inform the authority making the request of his decision.

• (3) If the judge decides that question in the affirmative he must decide whether the offence is an extradition offence in relation to the category 1 territory referred to in section 56(1)(b).

• (4) If the judge decides the question in subsection (3) in the negative he must refuse consent.

• (5) If the judge decides that question in the affirmative he must decide whether he 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 consent is requested.

• (6) If the judge decides the question in subsection (5) in the affirmative he must give consent.

• (7) If the judge decides that question in the negative he must refuse consent.

• (8) Consent is not required to the person’s extradition to the other territory for the offence if the person has been given an opportunity to leave the requesting territory and—

• (a) he has not done so before the end of the permitted period, or

• (b) if he did so before the end of the permitted period, he has returned there.

• (9) The permitted period is 45 days starting with the day on which the person arrived in the requesting territory following his extradition there in accordance with this Part.

• (10) Subject to subsection (8), the judge must decide whether consent is required to the person’s extradition to the other territory for the offence by reference to what appears to him to be the arrangements made between the requesting territory and the United Kingdom.

Consent to further extradition to category 2 territory

58

• (1) This section applies if—

• (a) a person is extradited to a category 1 territory (the requesting territory) in accordance with this Part;

• (b) the Secretary of State receives a request for consent to the person’s extradition to a category 2 territory for an offence;

• (c) the request is certified under this section by the designated authority.

• (2) The designated authority may certify a request for consent under this section if it believes that the authority making the request—

• (a) is a judicial authority of the requesting territory, and

• (b) has the function of making requests for the consent referred to in subsection (1)(b) in that territory.

• (3) A certificate under subsection (2) must certify that the authority making the request falls within paragraphs (a) and (b) of that subsection.

• (4) 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.

• (5) The Secretary of State must decide whether the offence is an extradition offence within the meaning given by section 137 in relation to the category 2 territory.

• (6) If the Secretary of State decides the question in subsection (5) in the negative he must refuse consent.

• (7) 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.

• (8) If the Secretary of State decides the question in subsection (7) in the negative he must refuse his consent.

• (9) 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 to the category 2 territory in respect of the offence would be prohibited under section 94, 95 or 96.

• (10) If the Secretary of State decides the question in subsection (9) in the negative he may give consent.

• (11) If the Secretary of State decides that question in the affirmative he must refuse consent.

• (12) This section applies in relation to any function which falls under this section to be exercised in relation to Scotland only as if the references in this section to the Secretary of State were to the Scottish Ministers.

Return of person to serve remainder of sentence

59

• (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 1 territory in accordance with this Part;

• (b) the person is returned to the United Kingdom to serve the remainder of the sentence or the person otherwise returns to the United Kingdom.

• (2) Time during which the person was outside the United Kingdom as a result of the extradition does not count as time served by the person as part of the sentence.

• (3) But subsection (2) 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 the person was permitted to be dealt with in the category 1 territory.

• (4) In a case falling within subsection (3), time during which the person was outside the United Kingdom as a result of the extradition counts as time served by the person as part of the sentence if (and only if) it was spent in custody in connection with the offence or any other offence in respect of which the person was permitted to be dealt with in the territory.

• (5) In a case where the person is not entitled to be released from detention pursuant to the sentence—

• (a) the person is liable to be detained in pursuance of the sentence, and

• (b) if at large, the person must be treated as being unlawfully at large.

• (6) In a case where the person is entitled to be released from detention on licence pursuant to the sentence—

• (a) if the person was released on licence at the time of extradition, the licence is suspended until the person's return;

• (b) if the person was not released on licence at that time, subsections (7) to (10) apply in relation to the person (“the offender”).

• (7) The offender is liable to be detained, on return, in any place in which the offender could have been detained pursuant to the sentence before the time of extradition.

• (8) A constable or immigration officer may—

• (a) take the offender into custody, and

• (b) convey the offender to the place mentioned in subsection (7).

• (9) The offender must be released on licence within the period of 5 days beginning when the offender is taken (or retaken) into custody under this section.

• (10) In calculating a period of 5 days for the purposes of subsection (9) no account is to be taken of—

• (a) any Saturday or Sunday,

• (b) Christmas Day,

• (c) Good Friday, or

• (d) in any part of the United Kingdom, any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in that part of the United Kingdom.

• (11) A person is entitled to be released from detention if there is—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) a duty to release the person under Chapter 6 of Part 12 of the Criminal Justice Act 2003 ...,

• (c) a duty to release the person under section 1, 1AA , 1AB or 7(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 or section 5, 11(2), 13, 19 or 23 of the Custodial Sentences and Weapons (Scotland) Act 2007, or

• (d) a duty to release the person under section 1 of the Northern Ireland (Remission of Sentences) Act 1995, Article 26 of the Criminal Justice (Northern Ireland) Order 1996 or Article 17 , 18(8) or 20A(8) of the Criminal Justice (Northern Ireland) Order 2008.

• (12) The powers conferred on a constable by subsection (8) are exercisable in any part of the United Kingdom.

• (13) An immigration officer is a person who is an immigration officer within the meaning of the Immigration Act 1971.

Costs

Costs where extradition ordered

60

• (1) This section applies if any of the following occurs in relation to a person in respect of whom a Part 1 warrant is issued—

• (a) an order for the person’s extradition is made under this Part;

• (aa) the High Court dismisses an application for leave to appeal to it under section 26;

• (b) the High Court dismisses an appeal under section 26;

• (c) the High Court or the Supreme Courtdismisses an application for leave to appeal to the Supreme Court under section 32, if the application is made by the person;

• (d) the Supreme Court dismisses an appeal under section 32, 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)(aa), (b), (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.

• (4) An order for costs under this section—

• (a) must specify their amount;

• (b) may name the person to whom they are to be paid.

Costs where discharge ordered

61

• (1) This section applies if any of the following occurs in relation to a person in respect of whom a Part 1 warrant is issued—

• (a) an order for the person’s discharge is made under this Part;

• (b) the person is taken to be discharged under this Part;

• (ba) the High Court dismisses an application for leave to appeal to it under section 28;

• (c) the High Court dismisses an appeal under section 28;

• (d) the High Court or the Supreme Court dismisses an application for leave to appeal to the Supreme Court under section 32, if the application is made by the authority which issued the warrant;

• (e) the Supreme Court dismisses an appeal under section 32, if the appeal is brought by the authority which issued the warrant.

• (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;

• (b) the High Court, if the order for the person’s discharge is made by it;

• (c) the Supreme Court, 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)(ba), (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.

• (5A) In England and Wales, an order under subsection (5) is to be made, and the appropriate amount is to be determined, in accordance with sections 62A and 62B.

• (5B) In Scotland and Northern Ireland, an order under subsection (5) is to be made, and the appropriate amount is to be determined, in accordance with subsections (6) to (9).

• (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.

• (9) In relation to proceedings in Northern Ireland (including proceedings in the Supreme Court on an appeal, or on an application for leave to appeal, from proceedings in Northern Ireland)—

• (a) subsection (5) has effect as if for “out of money provided by Parliament” there were substituted by the Department of Justice in Northern Ireland;

• (b) the power to make regulations under subsection (8)(b) is exercisable by the Department of Justice in Northern Ireland (and not by the Lord Chancellor).

Costs where discharge ordered: supplementary

62

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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 61 as that section applies in relation to sections 2 to 5 of that Act.

Appropriate amount: England and Wales

62A

• (1) For the purposes of an order under section 61(5), the appropriate amount is such amount as the judge or court making the order considers reasonably sufficient to compensate the person in whose favour the order is made for any expenses properly incurred by the person in the proceedings under this Part.

• (2) But if the judge or court considers that there are circumstances that make it inappropriate for the person to recover the full amount mentioned in subsection (1), the order under section 61(5) must be for the payment out of money provided by Parliament of such lesser amount as the judge or court considers just and reasonable.

• (3) Subsections (1) and (2) have effect subject to—

• (a) section 62B, and

• (b) regulations under section 20(1A)(d) of the Prosecution of Offences Act 1985 (as applied by this section).

• (4) When making an order under section 61(5), the judge or court must fix the amount to be paid out of money provided by Parliament in the order if the judge or court considers it appropriate to do so and—

• (a) the person in whose favour the order is made agrees the amount, or

• (b) subsection (2) applies.

• (5) Where the judge or court does not fix the amount to be paid out of money provided by Parliament in the order—

• (a) the judge or court must describe in the order any reduction required under subsection (2), and

• (b) the amount must be fixed by means of a determination made by or on behalf of the judge or court in accordance with procedures specified in regulations made by the Lord Chancellor.

• (6) Subsections (1A) to (1C) and (3) of section 20 of the Prosecution of Offences Act 1985 (regulations as to amounts ordered to be paid out of central funds) apply in relation to amounts payable out of money provided by Parliament in pursuance of an order under section 61 as they apply in relation to amounts payable out of central funds in pursuance of costs orders made under section 16 of that Act.

• (7) This section extends to England and Wales only.

Legal costs: England and Wales

62B

• (1) An order under section 61(5) may not require the payment out of money provided by Parliament of an amount that includes an amount in respect of legal costs incurred by the person in whose favour the order is made, subject to the following provisions of this section.

• (2) Subsection (1) does not apply in relation to legal costs incurred in—

• (a) proceedings in a magistrates' court, or

• (b) proceedings in the Supreme Court.

• (3) The Lord Chancellor may by regulations make provision about exceptions from the prohibition in subsection (1), including—

• (a) provision amending this section by adding, modifying or removing an exception, and

• (b) provision for an exception to arise where a determination has been made by a person specified in the regulations.

• (4) Regulations under subsection (3) may not remove or limit the exception provided by subsection (2)(b).

• (5) Where a judge or court makes an order under section 61(5) requiring the payment out of money provided by Parliament of an amount that includes an amount in respect of legal costs, the order must include a statement to that effect.

• (6) Where, in an order under section 61(5), a judge or court fixes an amount to be paid out of money provided by Parliament that includes an amount in respect of legal costs incurred in proceedings in a court other than the Supreme Court, the latter amount must not exceed an amount specified by regulations made by the Lord Chancellor.

• (7) In this section—

• “ legal costs ” means fees, charges, disbursements and other amounts payable in respect of advocacy services or litigation services including, in particular, expert witness costs;

• “ advocacy services ” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right of audience in relation to any proceedings, or contemplated proceedings, to provide;

• “ expert witness costs ” means amounts payable in respect of the services of an expert witness, including amounts payable in connection with attendance by the witness at court or elsewhere;

• “ litigation services ” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right to conduct litigation in relation to proceedings, or contemplated proceedings, to provide.

• (8) This section extends to England and Wales only.

Repatriation cases

Persons serving sentences outside territory where convicted

63

• (1) This section applies if an arrest warrant is issued in respect of a person by an authority of a category 1 territory and the warrant contains the statement referred to in subsection (2).

• (2) The statement is one that—

• (a) the person 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 warrant by a court in another territory (the convicting territory), and

• (b) the person 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, and

• (c) the warrant is issued with a view to his arrest and extradition to the category 1 territory for the purpose of serving a sentence or another form of detention imposed in respect of the offence.

• (3) If the category 1 territory is either the imprisoning territory or the convicting territory, section 2(2)(b) has effect as if the reference to the statement referred to in subsection (5) of that section were a reference to the statement referred to in subsection (2) of this section.

• (4) If the category 1 territory is the imprisoning territory—

• (a) section 2(6)(e) has effect as if “the category 1 territory” read “ the convicting territory ”;

• (b) section 10(2) has effect as if “an extradition offence” read “ an extradition offence in relation to the convicting territory ”;

• (c) section 20(5) has effect as if after “entitled” there were inserted “ in the convicting territory ”;

• (d) section 37(5) has effect as if “a category 1 territory” read “ the convicting territory ” and as if “the category 1 territory” in both places read “ the convicting territory ”;

• (e) section 52(4) has effect as if “a category 1 territory” read “ the convicting territory ” and as if “the category 1 territory” in both places read “ the convicting territory ”;

• (f) section 65(1) has effect as if “a category 1 territory” read “ the convicting territory ”;

• (g) section 65(2) has effect as if “the category 1 territory” in the opening words and paragraphs (a) and (c) read “ the convicting territory ” and as if “the category 1 territory” in paragraph (b) read “ the imprisoning territory ”;

• (h) in section 65, subsections (3), (4), (5), (6) and (8) have effect as if “the category 1 territory” in each place read “ the convicting territory ”.

Interpretation

Extradition offences: person not sentenced for offence

64

• (1) This section sets out whether a person's conduct constitutes an “ extradition offence ” for the purposes of this Part in a case where the person—

• (a) is accused in a category 1 territory of an offence constituted by the conduct, or

• (b) has been convicted in that territory of an offence constituted by the conduct but not sentenced for it.

• (2) The conduct constitutes an extradition offence in relation to the category 1 territory if the conditions in subsection (3) or (4) are satisfied.

• (3) The conditions in this subsection are that—

• (a) the conduct occurs in the category 1 territory;

• (b) the conduct would constitute an offence under the law of the relevant part of the United Kingdom if it occurred in that part of the United Kingdom;

• (c) the conduct is punishable under the law of the category 1 territory with imprisonment or another form of detention for a term of 12 months or a greater punishment.

• (4) The conditions in this subsection are that—

• (a) the conduct occurs outside the category 1 territory;

• (b) in corresponding circumstances equivalent conduct would constitute an extra-territorial offence under the law of the relevant part of the United Kingdom;

• (c) the conduct is punishable under the law of the category 1 territory with imprisonment or another form of detention for a term of 12 months or a greater punishment.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) For the purposes of subsections (3)(b) and (4)(b)—

• (a) if the conduct relates to a tax or duty, it does not matter whether the law of the relevant part of the United Kingdom imposes the same kind of tax or duty or contains rules of the same kind as those of the law of the category 1 territory;

• (b) if the conduct relates to customs or exchange, it does not matter whether the law of the relevant part of the United Kingdom contains rules of the same kind as those of the law of the category 1 territory.

Extradition offences: person sentenced for offence

65

• (1) This section sets out whether a person's conduct constitutes an “extradition offence” for the purposes of this Part in a case where the person—

• (a) has been convicted in a category 1 territory of an offence constituted by the conduct, and

• (b) has been sentenced for the offence.

• (2) The conduct constitutes an extradition offence in relation to the category 1 territory if the conditions in subsection (3) or (4) are satisfied.

• (3) The conditions in this subsection are that—

• (a) the conduct occurs in the category 1 territory;

• (b) the conduct would constitute an offence under the law of the relevant part of the United Kingdom 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 1 territory in respect of the conduct.

• (4) The conditions in this subsection are that—

• (a) the conduct occurs outside the category 1 territory;

• (b) in corresponding circumstances equivalent conduct would constitute an extra-territorial offence under the law of the relevant 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 1 territory in respect of the conduct.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) For the purposes of subsections (3)(b) and (4)(b)—

• (a) if the conduct relates to a tax or duty, it does not matter whether the law of the relevant part of the United Kingdom imposes the same kind of tax or duty or contains rules of the same kind as those of the law of the category 1 territory;

• (b) if the conduct relates to customs or exchange, it does not matter whether the law of the relevant part of the United Kingdom contains rules of the same kind as those of the law of the category 1 territory.

Extradition offences: supplementary

66

• (1) Subsections (1A) to (4) apply for the purposes of sections 64 and 65.

• (1A) References to “conduct” (except in the expression “ equivalent conduct ”) are to the conduct specified in the Part 1 warrant.

• (2) An appropriate authority of a category 1 territory is a judicial authority of the territory which the appropriate judge believes has the function of issuing arrest warrants in that territory.

• (3) The law of a territory is the general criminal law of the territory.

• (4) The relevant part of the United Kingdom is the part of the United Kingdom in which the relevant proceedings are taking place.

• (5) The relevant proceedings are the proceedings in which it is necessary to decide whether conduct constitutes an extradition offence.

The appropriate judge

67

• (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 Chief Justice of England and Wales after consulting 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 Chief Justice of Northern Ireland after consulting the Department of Justice in Northern Ireland.

• (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).

• (3A) The use of the expression “the judge” in a section containing a previous reference to “the appropriate judge” or “the judge” does not in itself require both references to be read as referring to the same individual.

• (4) This section applies for the purposes of this Part.

• (5) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1)(a).

• (6) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (1)(c)—

• (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

• (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

The extradition hearing

68

• (1) The extradition hearing is the hearing at which the appropriate judge is to decide whether a person in respect of whom a Part 1 warrant was issued is to be extradited to the category 1 territory in which it was issued.

• (2) This section applies for the purposes of this Part.

Unlawfully at large

68A

• (1) A person is alleged to be unlawfully at large after conviction of an offence if—

• (a) he is alleged to have been convicted of it, and

• (b) his extradition is sought for the purpose of his being sentenced for the offence or of his serving a sentence of imprisonment or another form of detention imposed in respect of the offence.

• (2) This section applies for the purposes of this Part, other than sections 14 and 63.

Part 2 — Extradition to category 2 territories

Introduction

Extradition to category 2 territories

69

• (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.

Extradition request and certificate

70

• (1) The Secretary of State must (subject to subsection (2)) issue a certificate under this section if he receives a valid request for the extradition of a person to a category 2 territory.

• (2) The Secretary of State may refuse to issue a certificate under this section if—

• (a) he has power under section 126 to order that proceedings on the request be deferred,

• (b) the person whose extradition is requested has been recorded by the Secretary of State as a refugee within the meaning of the Refugee Convention, or

• (c) the person whose extradition is requested has been granted leave to enter or remain in the United Kingdom on the ground that it would be a breach of Article 2 or 3 of the Human Rights Convention to remove him to the territory to which extradition is requested.

• (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) A request for a person’s extradition is valid if—

• (a) it contains the statement referred to in subsection (4) or the statement referred to in subsection (4A), and

• (b) it is made in the approved way.

• (4) The statement is one that—

• (a) the person is accused in the category 2 territory of the commission of an offence specified in the request, and

• (b) the request is made with a view to his arrest and extradition to the category 2 territory for the purpose of being prosecuted for the offence.

• (4A) The statement is one that—

• (a) the person has been convicted of an offence specified in the request by a court in the category 2 territory, and

• (b) the request is made with a view to his arrest and extradition to the category 2 territory for the purpose of being sentenced for the offence or of serving a sentence of imprisonment or another form of detention imposed in respect of the offence.

• (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

• (a) certify that the request is made in the approved way, and

• (b) identify the order by which the territory in question is designated as a category 2 territory.

• (9) If a certificate is issued under this section the Secretary of State must send the request and the certificate to the appropriate judge

• (10) Subsection (11) applies at all times after the Secretary of State issues a certificate under this section.

• (11) The Secretary of State is not to consider whether the extradition would be compatible with the Convention rights within the meaning of the Human Rights Act 1998.

Arrest

Arrest warrant following extradition request

71

• (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—

• (a) is directed to a service policeman, and

• (b) is in respect of a person subject to service law or a civilian subject to service discipline,

it may be executed anywhere.

• (7) In any other case, a warrant issued under this section may be executed in any part of the United Kingdom.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Person arrested under section 71

72

• (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.