Legalize / United Kingdom / Public General Act

Extradition Act 2003

Type Public General Act

Publication 2003-11-20

Last updated 2026-09-17

State In force

Department Statute Law Database

Source legislation.gov.uk

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articles 1

An Act to make provision about extradition.

Reform history JSON API

(4) But subsection (3) does not apply if—

(a) the person is granted bail by a constable following his arrest, or

(b) the Secretary of State decides under section 126 that the request for the person’s extradition is not to be proceeded with.

(5) If subsection (2) is not complied with and the person applies to the judge to be discharged, the judge may order his discharge.

(6) If subsection (3) is not complied with and the person applies to the judge to be discharged, the judge must order his discharge.

(7) When the person first appears or is brought before the appropriate judge, the judge must—

(a) inform him of the contents of the request for his extradition;

(b) give him the required information about consent;

(8) The required information about consent is—

(a) that the person may consent to his extradition to the category 2 territory to which his extradition is requested;

(b) an explanation of the effect of consent and the procedure that will apply if he gives consent;

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

(10) Subsection (4)(a) applies to Scotland with the omission of the words “by a constable”.

Provisional warrant

73

(1) This section applies if a justice of the peace is satisfied on information in writing and on oath that a person within subsection (2)—

(a) is or is believed to be in the United Kingdom, or

(b) is or is believed to be on his way to the United Kingdom.

(2) A person is within this subsection if—

(a) he is accused in a category 2 territory of the commission of an offence, or

(b) he is alleged to be unlawfully at large after conviction of an offence by a court in a category 2 territory.

(3) The justice may issue a warrant for the arrest of the person (a provisional warrant) if he has reasonable grounds for believing that—

(a) the offence of which the person is accused or has been convicted is an extradition offence, and

(b) there is written evidence falling within subsection (4).

(4) The evidence is—

(a) evidence that would justify the issue of a warrant for the arrest of a person accused of the offence within the justice’s jurisdiction, if the person in respect of whom the warrant is sought is accused of the commission of the offence;

(b) evidence that would justify the issue of a warrant for the arrest of a person unlawfully at large after conviction of the offence within the justice’s jurisdiction, if the person in respect of whom the warrant is sought is alleged to be unlawfully at large after conviction of the offence.

(5) But if the category 2 territory is designated for the purposes of this section by order made by the Secretary of State, subsections (3) and (4) have effect as if “evidence” read “ information ”.

(6) A provisional warrant may—

(a) be executed by any person to whom it is directed or by any constable or customs officer;

(b) be executed even if neither the warrant nor a copy of it is in the possession of the person executing it at the time of the arrest.

(7) If a warrant issued under this section—

(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.

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

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) The preceding provisions of this section apply to Scotland with these modifications—

(a) in subsection (1) for “justice of the peace is satisfied on information in writing and on oath” substitute “ sheriff is satisfied, on an application by a procurator fiscal, ”;

(b) in subsection (3) for “justice” substitute “ sheriff ”;

(11) Subsection (1) applies to Northern Ireland with the substitution of “a complaint” for “ information ”.

Person arrested under provisional warrant

74

(1) This section applies if a person is arrested under a provisional warrant.

(2) A copy of the warrant must be given to the person as soon as practicable after his arrest.

(3) The person must be brought as soon as practicable before the appropriate judge.

(4) But subsection (3) does not apply if—

(a) the person is granted bail by a constable following his arrest, or

(b) in a case where the Secretary of State has received a valid request for the person’s extradition, the Secretary of State decides under section 126 that the request is not to be proceeded with.

(5) If subsection (2) is not complied with and the person applies to the judge to be discharged, the judge may order his discharge.

(6) If subsection (3) is not complied with and the person applies to the judge to be discharged, the judge must order his discharge.

(7) When the person first appears or is brought before the appropriate judge, the judge must—

(a) inform him that he is accused of the commission of an offence in a category 2 territory or that he is alleged to be unlawfully at large after conviction of an offence by a court in a category 2 territory;

(b) give him the required information about consent;

(8) The required information about consent is—

(a) that the person may consent to his extradition to the category 2 territory in which he is accused of the commission of an offence or is alleged to have been convicted of an offence;

(b) an explanation of the effect of consent and the procedure that will apply if he gives consent;

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

(10) The judge must order the person’s discharge if the documents referred to in section 70(9) are not received by the judge within the required period.

(11) The required period is—

(a) 45 days starting with the day on which the person was arrested, or

(b) if the category 2 territory is designated by order made by the Secretary of State for the purposes of this section, any longer period permitted by the order.

(12) Subsection (4)(a) applies to Scotland with the omission of the words “by a constable”.

Provisional arrest without warrant

Provisional arrest where certificate issued under section 74B

74A

(1) A constable, a customs officer or a service policeman may arrest a person without a warrant if a certificate has been issued under section 74B in respect of the person.

(2) A copy of the certificate must be given to the person as soon as practicable after the arrest.

(3) The person must be brought as soon as practicable before the appropriate judge (see further, section 74D).

(4) A constable or a customs officer may arrest a person under subsection (1) in any part of the United Kingdom.

(5) A service policeman may arrest a person under subsection (1) only if the person is subject to service law or is a civilian subject to service discipline.

(6) A service policeman who has power to arrest a person under subsection (1) may exercise the power anywhere.

(7) A person arrested under subsection (1) may not be arrested again in reliance on the same certificate.

Certificates enabling provisional arrest under section 74A

74B

(1) The designated authority may issue a certificate under this section in respect of a person if—

(a) it receives a valid request, made by an authority of a specified category 2 territory, for the person's arrest (for more about requests, see section 74C),

(b) it is satisfied that the request is made under arrangements which allow such a request to be made only if—

(i) a warrant for the person's arrest has been issued in the category 2 territory in respect of an offence, or

(ii) the person is alleged to be unlawfully at large after conviction of an offence by a court in the category 2 territory,

(c) it has reasonable grounds for believing that the offence specified in the request is a serious extradition offence, and

(d) it is satisfied that the seriousness of the conduct constituting the offence makes it appropriate to issue the certificate.

(2) A certificate issued by the designated authority under this section must—

(a) state the category 2 territory in respect of which the request is made, the form of the request and the date on which the request was made,

(b) certify that the category 2 territory is a specified category 2 territory,

(d) certify the matters in subsection (1)(c) and (d), and

(e) set out the statement and information mentioned in section 74C(1)(a) or (b) (as the case may be).

(3) A certificate (or purported certificate) may be withdrawn and a new one issued on the basis of the same request at any time before the person has been arrested in reliance on it.

(4) The “designated authority” is the National Crime Agency.

(5) The Secretary of State may by regulations amend this section so as to change the meaning of “designated authority”.

(6) Regulations made under subsection (5) may—

(a) designate more than one authority;

(b) designate different authorities for different parts of the United Kingdom.

(7) A “specified category 2 territory” is a category 2 territory that is specified in Schedule A1.

(8) The Secretary of State may by regulations—

(a) amend Schedule A1 so as to add, vary or remove a reference to a territory, and

(b) in consequence, amend section 74C so as to change what it means to make a request in the approved way for the purposes of that section.

(9) The reference in subsection (1)(b) to a warrant for a person's arrest includes a reference to a judicial document authorising the person's arrest.

(10) For the purposes of determining whether an offence is a “serious extradition offence”, sections 137 and 138 apply as if—

(a) a reference to an “extradition offence” were to a “serious extradition offence”,

(b) a reference to the relevant part of the United Kingdom were to any part of the United Kingdom (and, accordingly, each of sections 137 and 138 have effect as if subsection (8) were omitted),

(d) the references in sections 137(3)(b) and (4)(b) and 138(3)(b) to “12 months” were to “3 years”, and

(e) the references in section 137(3)(c) and (4)(c) to conduct that is “so punishable” were to conduct that is punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment.

Section 74B supplementary: valid requests for arrest

74C

(1) For the purposes of section 74B a request for a person's arrest is valid if it is made in the approved way and it contains—

(a) the statement referred to in subsection (2) and the information referred to in subsection (3), or

(b) the statement referred to in subsection (4) and the information referred to in subsection (5).

(2) 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 the arrest and extradition of the person to the category 2 territory for the purpose of being prosecuted for the offence.

(3) The information is—

(a) particulars of the person's identity;

(b) particulars of the circumstances in which the person is alleged to have committed the offence, including the conduct alleged to constitute the offence, the time and place at which the person is alleged to have committed the offence and any provision of the law of the category 2 territory under which the conduct is alleged to constitute an offence;

(c) particulars of the sentence which may be imposed under the law of the category 2 territory in respect of the offence if the person is convicted of it.

(4) 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 the arrest and extradition of the person 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) The information is—

(a) particulars of the person's identity;

(b) particulars of the conviction;

(c) particulars of the sentence which may be imposed under the law of the category 2 territory in respect of the offence, if the person has not been sentenced for the offence;

(d) particulars of the sentence which has been imposed under the law of the category 2 territory in respect of the offence, if the person has been sentenced for the offence.

(6) A request is made in the approved way for the purposes of this section if it is made by an authority of the category 2 territory which the designated authority believes has the function of making such requests in that territory.

Person provisionally arrested under section 74A

74D

(1) The judge before whom a person is brought following arrest under section 74A must decide, on the basis of any evidence or information produced to the judge, whether a warrant would be issued under section 73 if the person were not already under arrest.

(2) If the judge decides the question in subsection (1) in the negative, the judge must order the person's discharge.

(3) If the judge decides that question in the affirmative, the judge must proceed under section 74E.

(4) The judge may adjourn the proceedings to allow more evidence or information to be produced if—

(a) an application for the adjournment is made in accordance with rules of court, and

(b) the judge is satisfied, on the balance of probabilities, that evidence or information could not reasonably have been produced in time to avoid the need for the adjournment.

(5) If the judge grants an adjournment under subsection (4), the judge must remand the person in custody or on bail.

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

(7) More than one adjournment may be granted under subsection (4) but the total period of any adjournments must not exceed 72 hours.

(8) In calculating that 72-hour period, no account is to be taken of any day falling within section 6(8A)(a) to (d) (weekends, bank holidays etc).

(9) If the judge has granted an adjournment or further adjournment, the question in subsection (1) must be decided by the appropriate judge on the next occasion when the person is brought or appears before the appropriate judge (unless a further adjournment is granted on that occasion).

(10) If the person applies to the judge to be discharged—

(a) the judge may order the person's discharge if—

(i) section 74A(2) (copy of certificate to be given to arrested person) was not complied with, or

(ii) the certificate did not comply with section 74B(2);

(b) the judge must order the person's discharge if—

(i) the judge is satisfied that there were no reasonable grounds on which the designated authority could have issued the certificate under section 74B(1), or

(ii) section 74A(3) (person to be brought before judge as soon as practicable after arrest) was not complied with.

Person provisionally arrested under section 74A: next steps

74E

(1) If the appropriate judge is required by section 74D(3) to proceed under this section, the judge must—

(a) inform the person that they are accused of the commission of an offence in a category 2 territory or are alleged to be unlawfully at large after conviction of an offence by a court in a category 2 territory,

(b) give the person the required information about consent, and

(2) The required information about consent is—

(a) that the person may consent to extradition to the category 2 territory in which the person is accused of the commission of an offence or is alleged to have been convicted of an offence;

(b) an explanation of the effect of consent and the procedure that will apply if the person gives consent;

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

(4) The judge must order the person's discharge if the documents referred to in section 70(9) are not received by the judge within the required period as defined by section 74(11).

The extradition hearing

Date of extradition hearing: arrest under section 71

75

(1) When a person arrested under a warrant issued under section 71 first appears or is brought before the appropriate judge, the judge must fix a date on which the extradition hearing is to begin.

(2) The date fixed under subsection (1) must not be later than the end of the permitted period, which is 2 months starting with the date on which the person first appears or is brought before the judge.

(3) If before the date fixed under subsection (1) (or this subsection) a party to the proceedings applies to the judge for a later date to be fixed and the judge believes it to be in the interests of justice to do so, he may fix a later date; and this subsection may apply more than once.

(4) If the extradition hearing does not begin on or before the date fixed under this section and the person applies to the judge to be discharged, the judge must order his discharge.

Date of extradition hearing: arrest under provisional warrant or under section 74A

76

(1) Subsection (2) applies if—

(a) a person is arrested under a provisional warrant or under section 74A, and

(b) the documents referred to in section 70(9) are received by the appropriate judge within the period required under section 74(10) or 74E(4).

(2) The judge must fix a date on which the extradition hearing is to begin.

(3) The date fixed under subsection (2) must not be later than the end of the permitted period, which is 2 months starting with the date on which the judge receives the documents.

(4) If before the date fixed under subsection (2) (or this subsection) a party to the proceedings applies to the judge for a later date to be fixed and the judge believes it to be in the interests of justice to do so, he may fix a later date; and this subsection may apply more than once.

(5) If the extradition hearing does not begin on or before the date fixed under this section and the person applies to the judge to be discharged, the judge must order his discharge.

Person charged with offence in United Kingdom before extradition hearing

76A

(1) This section applies if—

(a) a person has been brought before the appropriate judge under section 72(3) , 74(3) or 74A(3) but the extradition hearing has not begun; and

(b) the judge is informed that the person is charged with an offence in the United Kingdom.

(2) The judge must order further proceedings in respect of the extradition to be adjourned until one of these occurs—

(a) the charge is disposed of;

(b) the charge is withdrawn;

(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 judge may order further proceedings in respect of the extradition to be adjourned until the person is released from detention pursuant to the sentence (whether on licence or otherwise).

Person serving sentence in United Kingdom before extradition hearing

76B

(1) This section applies if—

(a) a person has been brought before the appropriate judge under section 72(3) , 74(3) or 74A(3) but the extradition hearing has not begun; and

(b) the judge is informed that the person is in custody serving a sentence of imprisonment or another form of detention in the United Kingdom.

(2) The judge may order further proceedings in respect of the extradition to be adjourned until the person is released from detention pursuant to the sentence (whether on licence or otherwise).

(3) In a case where further proceedings in respect of the extradition are adjourned under subsection (2)—

(a) section 131 of the Magistrates' Courts Act 1980 (remand of accused already in custody) has effect as if a reference to 28 clear days in subsection (1) or (2) of that section were a reference to six months;

(b) Article 47(2) of the Magistrates' Courts (Northern Ireland) Order 1981 (period of remand in custody) has effect as if a reference to 28 days in—

(i) sub-paragraph (a)(iii), or

(ii) the words after sub-paragraph (b),

were a reference to six months.

Judge’s powers at extradition hearing

77

(1) In England and Wales, at the extradition hearing the appropriate judge has the same powers (as nearly as may be) as a magistrates' court would have if the proceedings were the summary trial of an information against the person whose extradition is requested.

(2) In Scotland—

(a) at the extradition hearing the appropriate judge has the same powers (as nearly as may be) as if the proceedings were summary proceedings in respect of an offence alleged to have been committed by the person whose extradition is requested; but

(b) in his making any decision under section 78(4)(a) evidence from a single source shall be sufficient.

(3) In Northern Ireland, at the extradition hearing the appropriate judge has the same powers (as nearly as may be) as a magistrates' court would have if the proceedings were the hearing and determination of a complaint against the person whose extradition is requested.

(4) If the judge adjourns the extradition hearing he must remand the person in custody or on bail.

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

Initial stages of extradition hearing

78

(1) This section applies if a person alleged to be the person whose extradition is requested appears or is brought before the appropriate judge for the extradition hearing.

(2) The judge must decide whether the documents sent to him by the Secretary of State consist of (or include)—

(a) the documents referred to in section 70(9);

(b) particulars of the person whose extradition is requested;

(d) in the case of a person accused of an offence, a warrant for his arrest issued in the category 2 territory;

(e) in the case of a person alleged to be unlawfully at large after conviction of an offence, a certificate issued in the category 2 territory of the conviction and (if he has been sentenced) of the sentence.

(3) If the judge decides the question in subsection (2) in the negative he must order the person’s discharge.

(4) If the judge decides that question in the affirmative he must decide whether—

(a) the person appearing or brought before him is the person whose extradition is requested;

(b) the offence specified in the request is an extradition offence;

(5) The judge must decide the question in subsection (4)(a) on a balance of probabilities.

(6) If the judge decides any of the questions in subsection (4) in the negative he must order the person’s discharge.

(7) If the judge decides those questions in the affirmative he must proceed under section 79.

(8) The reference in subsection (2)(d) to a warrant for a person’s arrest includes a reference to a judicial document authorising his arrest.

Bars to extradition

79

(1) If the judge is required to proceed under this section he must decide whether the person’s extradition to the category 2 territory is barred by reason of—

(a) the rule against double jeopardy;

(b) extraneous considerations;

(d) hostage-taking considerations.

(e) forum.

(1A) But the judge is to decide whether the person's extradition is barred by reason of forum only in a case where the request for extradition contains the statement referred to in section 70(4) (warrant issued for purposes of prosecution for offence in category 2 territory).

(2) Sections 80 to 83E apply for the interpretation of subsection (1).

(3) If the judge decides any of the questions in subsection (1) in the affirmative he must order the person’s discharge.

(4) If the judge decides those questions in the negative and the person is accused of the commission of the extradition offence but is not alleged to be unlawfully at large after conviction of it, the judge must proceed under section 84.

(5) If the judge decides those questions in the negative and the person is alleged to be unlawfully at large after conviction of the extradition offence, the judge must proceed under section 85.

Rule against double jeopardy

80

A person’s extradition to a category 2 territory is barred by reason of the rule against double jeopardy if (and only if) it appears that he would be entitled to be discharged under any rule of law relating to previous acquittal or conviction if he were charged with the extradition offence in the part of the United Kingdom where the judge exercises his jurisdiction.

Extraneous considerations

81

A person’s extradition to a category 2 territory is barred by reason of extraneous considerations if (and only if) it appears that—

(a) the request for his extradition (though purporting to be made on account of the extradition offence) is in fact made for the purpose of prosecuting or punishing him on account of his race, religion, nationality, gender, sexual orientation or political opinions, or

(b) if extradited he might be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality, gender, sexual orientation or political opinions.

Passage of time

82

A person’s extradition to a category 2 territory is barred by reason of the passage of time if (and only if) it appears that it would be unjust or oppressive to extradite him by reason of the passage of time since he is alleged to have—

(a) committed the extradition offence (where he is accused of its commission), or

(b) become unlawfully at large (where he is alleged to have been convicted of it)

Hostage-taking considerations

83

(1) A person’s extradition to a category 2 territory is barred by reason of hostage-taking considerations if (and only if) the territory is a party to the Hostage-taking Convention and it appears that—

(a) if extradited he might be prejudiced at his trial because communication between him and the appropriate authorities would not be possible, and

(b) the act or omission constituting the extradition offence also constitutes an offence under section 1 of the Taking of Hostages Act 1982 (c. 28) or an attempt to commit such an offence.

(2) The appropriate authorities are the authorities of the territory which are entitled to exercise rights of protection in relation to him.

(3) A certificate issued by the Secretary of State that a territory is a party to the Hostage-taking Convention is conclusive evidence of that fact for the purposes of subsection (1).

(4) The Hostage-taking Convention is the International Convention against the Taking of Hostages opened for signature at New York on 18 December 1979.

Forum

83A

(1) The extradition of a person (“D”) to a category 2 territory is barred by reason of forum if the extradition would not be in the interests of justice.

(2) For the purposes of this section, the extradition would not be in the interests of justice if the judge—

(a) decides that a substantial measure of D's relevant activity was performed in the United Kingdom; and

(b) decides, having regard to the specified matters relating to the interests of justice (and only those matters), that the extradition should not take place.

(3) These are the specified matters relating to the interests of justice—

(a) the place where most of the loss or harm resulting from the extradition offence occurred or was intended to occur;

(b) the interests of any victims of the extradition offence;

(c) any belief of a prosecutor that the United Kingdom, or a particular part of the United Kingdom, is not the most appropriate jurisdiction in which to prosecute D in respect of the conduct constituting the extradition offence;

(d) were D to be prosecuted in a part of the United Kingdom for an offence that corresponds to the extradition offence, whether evidence necessary to prove the offence is or could be made available in the United Kingdom;

(e) any delay that might result from proceeding in one jurisdiction rather than another;

(f) the desirability and practicability of all prosecutions relating to the extradition offence taking place in one jurisdiction, having regard (in particular) to—

(i) the jurisdictions in which witnesses, co-defendants and other suspects are located, and

(ii) the practicability of the evidence of such persons being given in the United Kingdom or in jurisdictions outside the United Kingdom;

(g) D's connections with the United Kingdom.

(4) In deciding whether the extradition would not be in the interests of justice, the judge must have regard to the desirability of not requiring the disclosure of material which is subject to restrictions on disclosure in the category 2 territory concerned.

(5) If, on an application by a prosecutor, it appears to the judge that the prosecutor has considered the offences for which D could be prosecuted in the United Kingdom, or a part of the United Kingdom, in respect of the conduct constituting the extradition offence, the judge must make that prosecutor a party to the proceedings on the question of whether D's extradition is barred by reason of forum.

(6) In this section “D's relevant activity” means activity which is material to the commission of the extradition offence and is alleged to have been performed by D.

Effect of prosecutor's certificates on forum proceedings

83B

(1) The judge hearing proceedings under section 83A (the “forum proceedings”) must decide that the extradition is not barred by reason of forum if (at a time when the judge has not yet decided the proceedings) the judge receives a prosecutor's certificate relating to the extradition.

(2) That duty to decide the forum proceedings in that way is subject to the determination of any question relating to the prosecutor's certificate raised in accordance with section 83D.

(3) A designated prosecutor may apply for the forum proceedings to be adjourned for the purpose of assisting that or any other designated prosecutor—

(a) in considering whether to give a prosecutor's certificate relating to the extradition,

(b) in giving such a certificate, or

(4) If such an application is made, the judge must—

(a) adjourn the forum proceedings until the application is decided; and

(b) continue the adjournment, for such period as appears to the judge to be reasonable, if the application is granted.

(5) But the judge must end the adjournment if the application is not granted.

Prosecutor's certificates

83C

(1) A “prosecutor's certificate” is a certificate given by a designated prosecutor which—

(a) certifies both matter A and matter B, and

(b) certifies either matter C or matter D.

(2) Matter A is that a responsible prosecutor has considered the offences for which D could be prosecuted in the United Kingdom, or a part of the United Kingdom, in respect of the conduct constituting the extradition offence.

(3) Matter B is that the responsible prosecutor has decided that there are one or more such offences that correspond to the extradition offence (the “corresponding offences”).

(4) Matter C is that—

(a) the responsible prosecutor has made a formal decision as to the prosecution of D for the corresponding offences,

(b) that decision is that D should not be prosecuted for the corresponding offences, and

(i) there would be insufficient admissible evidence for the prosecution; or

(ii) the prosecution would not be in the public interest.

(5) Matter D is that the responsible prosecutor believes that D should not be prosecuted for the corresponding offences because there are concerns about the disclosure of sensitive material in—

(a) the prosecution of D for the corresponding offences, or

(b) any other proceedings.

(6) In relation to the extradition of any person to a category 2 territory, neither this section nor any other rule of law (whether or not contained in an enactment) may require a designated prosecutor—

(a) to consider any matter relevant to giving a prosecutor's certificate; or

(b) to consider whether to give a prosecutor's certificate.

(7) In this section “sensitive material” means material which appears to the responsible prosecutor to be sensitive, including material appearing to be sensitive on grounds relating to—

(a) national security,

(b) international relations, or

(c) the prevention or detection of crime (including grounds relating to the identification or activities of witnesses, informants or any other persons supplying information to the police or any other law enforcement agency who may be in danger if their identities are revealed).

Questioning of prosecutor's certificate

83D

(1) No decision of a designated prosecutor relating to a prosecutor's certificate in respect of D's extradition (a “relevant certification decision”) may be questioned except on an appeal under section 103 or 108 against an order for that extradition.

(2) In England and Wales, and Northern Ireland, for the purpose of—

(a) determining whether to give permission for a relevant certification decision to be questioned, and

(b) determining any such question (if that permission is given),

the High Court must apply the procedures and principles which would be applied by it on an application for judicial review.

(3) In Scotland, for the purpose of determining any questioning of a relevant certification decision, the High Court must apply the procedures and principles that would be applied by it on an application for judicial review.

(4) In a case where the High Court quashes a prosecutor's certificate, the High Court is to decide the question of whether or not the extradition is barred by reason of forum.

(5) Where the High Court is required to decide that question by virtue of subsection (4)—

(a) sections 83A to 83C and this section apply in relation to that decision (with the appropriate modifications) as they apply to a decision by a judge; and

(b) in particular—

(i) a reference in this section to an appeal under section 103 or 108 has effect as a reference to an appeal under section 114 to the Supreme Court;

(ii) a reference in this section to the High Court has effect as a reference to the Supreme Court.

Interpretation of sections 83A to 83D

83E

(1) This section applies for the purposes of sections 83A to 83D (and this section).

(2) These expressions have the meanings given—

“D” has the meaning given in section 83A(1);

“designated prosecutor” means—a member of the Crown Prosecution Service, orany other person who—is a prosecutor designated for the purposes of this section by order made by the Secretary of State, oris within a description of prosecutors so designated;

“extradition offence” means the offence specified in the request for extradition (including the conduct that constitutes the extradition offence);

“forum proceedings” has the meaning given in section 83B(1);

“part of the United Kingdom” means—England and Wales;Scotland;Northern Ireland;

“prosecutor” means a person who has responsibility for prosecuting offences in any part of the United Kingdom (whether or not the person also has other responsibilities);

“prosecutor's certificate” has the meaning given in section 83C(1);

“responsible prosecutor”, in relation to a prosecutor's certificate, means—the designated prosecutor giving the certificate, oranother designated prosecutor.

(3) In determining for any purpose whether an offence corresponds to the extradition offence, regard must be had, in particular, to the nature and seriousness of the two offences.

(4) A reference to a formal decision as to the prosecution of D for an offence is a reference to a decision (made after complying with, in particular, any applicable requirement concerning a code of practice) that D should, or should not, be prosecuted for the offence.

Case where person has not been convicted

84

(1) If the judge is required to proceed under this section he must decide whether there is evidence which would be sufficient to make a case requiring an answer by the person if the proceedings were the summary trial of an information against him.

(2) In deciding the question in subsection (1) the judge may treat a statement made by a person in a document as admissible evidence of a fact if—

(a) the statement is made by the person to a police officer or another person charged with the duty of investigating offences or charging offenders, and

(b) direct oral evidence by the person of the fact would be admissible.

(3) In deciding whether to treat a statement made by a person in a document as admissible evidence of a fact, the judge must in particular have regard—

(a) to the nature and source of the document;

(b) to whether or not, having regard to the nature and source of the document and to any other circumstances that appear to the judge to be relevant, it is likely that the document is authentic;

(c) to the extent to which the statement appears to supply evidence which would not be readily available if the statement were not treated as being admissible evidence of the fact;

(d) to the relevance of the evidence that the statement appears to supply to any issue likely to have to be determined by the judge in deciding the question in subsection (1);

(e) to any risk that the admission or exclusion of the statement will result in unfairness to the person whose extradition is sought, having regard in particular to whether it is likely to be possible to controvert the statement if the person making it does not attend to give oral evidence in the proceedings.

(4) A summary in a document of a statement made by a person must be treated as a statement made by the person in the document for the purposes of subsection (2).

(5) If the judge decides the question in subsection (1) in the negative he must order the person’s discharge.

(6) If the judge decides that question in the affirmative he must proceed under section 87.

(7) If the judge is required to proceed under this section and the category 2 territory to which extradition is requested is designated for the purposes of this section by order made by the Secretary of State—

(a) the judge must not decide under subsection (1), and

(b) he must proceed under section 87.

(8) Subsection (1) applies to Scotland with the substitution of “ summary proceedings in respect of an offence alleged to have been committed by the person (except that for this purpose evidence from a single source shall be sufficient) ” for “the summary trial of an information against him”.

(9) Subsection (1) applies to Northern Ireland with the substitution of “ the hearing and determination of a complaint ” for “the summary trial of an information”.

Case where person has been convicted

85

(1) If the judge is required to proceed under this section he must decide whether the person was convicted in his presence.

(2) If the judge decides the question in subsection (1) in the affirmative he must proceed under section 87.

(3) If the judge decides that question in the negative he must decide whether the person deliberately absented himself from his trial.

(4) If the judge decides the question in subsection (3) in the affirmative he must proceed under section 87.

(5) If the judge decides that question in the negative he must decide whether the person would be entitled to a retrial or (on appeal) to a review amounting to a retrial.

(6) If the judge decides the question in subsection (5) in the affirmative he must proceed under section 86.

(7) If the judge decides that question in the negative he must order the person’s discharge.

(8) The judge must not decide the question in subsection (5) in the affirmative unless, in any proceedings that it is alleged would constitute a retrial or a review amounting to a retrial, the person would have these rights—

(a) the right to defend himself in person or through legal assistance of his own choosing or, if he had not sufficient means to pay for legal assistance, to be given it free when the interests of justice so required;

(b) the right to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him.

Conviction in person’s absence

86

(1) If the judge is required to proceed under this section he must decide whether there is evidence which would be sufficient to make a case requiring an answer by the person if the proceedings were the summary trial of an information against him.

(2) In deciding the question in subsection (1) the judge may treat a statement made by a person in a document as admissible evidence of a fact if—

(a) the statement is made by the person to a police officer or another person charged with the duty of investigating offences or charging offenders, and

(b) direct oral evidence by the person of the fact would be admissible.

(3) In deciding whether to treat a statement made by a person in a document as admissible evidence of a fact, the judge must in particular have regard—

(a) to the nature and source of the document;

(b) to whether or not, having regard to the nature and source of the document and to any other circumstances that appear to the judge to be relevant, it is likely that the document is authentic;

(c) to the extent to which the statement appears to supply evidence which would not be readily available if the statement were not treated as being admissible evidence of the fact;

(d) to the relevance of the evidence that the statement appears to supply to any issue likely to have to be determined by the judge in deciding the question in subsection (1);

(e) to any risk that the admission or exclusion of the statement will result in unfairness to the person whose extradition is sought, having regard in particular to whether it is likely to be possible to controvert the statement if the person making it does not attend to give oral evidence in the proceedings.

(4) A summary in a document of a statement made by a person must be treated as a statement made by the person in the document for the purposes of subsection (2).

(5) If the judge decides the question in subsection (1) in the negative he must order the person’s discharge.

(6) If the judge decides that question in the affirmative he must proceed under section 87.

(7) If the judge is required to proceed under this section and the category 2 territory to which extradition is requested is designated for the purposes of this section by order made by the Secretary of State—

(a) the judge must not decide under subsection (1), and

(b) he must proceed under section 87.

(8) Subsection (1) applies to Scotland with the substitution of “ summary proceedings in respect of an offence alleged to have been committed by the person (except that for this purpose evidence from a single source shall be sufficient) ” for “the summary trial of an information against him”.

(9) Subsection (1) applies to Northern Ireland with the substitution of “ the hearing and determination of a complaint ” for “the summary trial of an information”.

Human rights

87

(1) If the judge is required to proceed under this section (by virtue of section 84, 85 or 86) he must decide whether the person’s extradition would be compatible with the Convention rights within the meaning of the Human Rights Act 1998 (c. 42).

(2) If the judge decides the question in subsection (1) in the negative he must order the person’s discharge.

(3) If the judge decides that question in the affirmative he must send the case to the Secretary of State for his decision whether the person is to be extradited.

Person charged with offence in United Kingdom

88

(1) This section applies if at any time in the extradition hearing the judge is informed that the person is charged with an offence in the United Kingdom.

(2) The judge must adjourn the extradition hearing until one of these occurs—

(a) the charge is disposed of;

(b) the charge is withdrawn;

(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 judge may adjourn the extradition hearing until the person is released from detention pursuant to the sentence (whether on licence or otherwise).

(4) If before he adjourns the extradition hearing under subsection (2) the judge has decided under section 79 whether the person’s extradition is barred by reason of the rule against double jeopardy, the judge must decide that question again after the resumption of the hearing.

Person serving sentence in United Kingdom

89

(1) This section applies if at any time in the extradition hearing the judge is informed that the person is in custody serving a sentence of imprisonment or another form of detention in the United Kingdom.

(2) The judge may adjourn the extradition hearing until the person is released from detention pursuant to the sentence (whether on licence or otherwise).

(3) In a case where an extradition hearing is adjourned under subsection (2)—

(a) section 131 of the Magistrates' Courts Act 1980 (remand of accused already in custody) has effect as if a reference to 28 clear days in subsection (1) or (2) of that section were a reference to six months;

(b) Article 47(2) of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (period of remand in custody) has effect as if a reference to 28 days in—

(i) paragraph (a)(iii), or

(ii) the words after paragraph (b),

were a reference to six months.

Competing extradition claim

90

(1) This section applies if at any time in the extradition hearing the judge is informed that the conditions in subsection (2) or (3) are met.

(2) The conditions are that—

(a) the Secretary of State has received another valid request for the person’s extradition to a category 2 territory;

(b) the other request has not been disposed of;

(c) the Secretary of State has made an order under section 126(2) for further proceedings on the request under consideration to be deferred until the other request has been disposed of.

(3) The conditions are that—

(a) a certificate has been issued under section 2 in respect of a Part 1 warrant issued in respect of the person;

(b) the warrant has not been disposed of;

(c) the Secretary of State has made an order under section 179(2) for further proceedings on the request to be deferred until the warrant has been disposed of.

(4) 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.

Physical or mental condition

91

(1) This section applies if at any time in the extradition hearing it appears to the judge that the condition in subsection (2) is satisfied.

(2) The condition is that the physical or mental condition of the person is such that it would be unjust or oppressive to extradite him.

(3) The judge must—

(a) order the person’s discharge, or

(b) adjourn the extradition hearing until it appears to him that the condition in subsection (2) is no longer satisfied.

Case sent to Secretary of State

92

(1) This section applies if the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited.

(2) The judge must inform the person in ordinary language that—

(a) he has a right to appeal to the High Court;

(b) if he exercises the right the appeal will not be heard until the Secretary of State has made his decision.

(3) But subsection (2) does not apply if the person has consented to his extradition under section 127.

(4) The judge must remand the person in custody or on bail—

(a) to wait for the Secretary of State’s decision, and

(b) to wait for his extradition to the territory to which extradition is requested (if the Secretary of State orders him to be extradited).

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

Secretary of State’s functions

Secretary of State’s consideration of case

93

(1) This section applies if the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited.

(2) The Secretary of State must decide whether he is prohibited from ordering the person’s extradition under any of these sections—

(a) section 94 (death penalty);

(b) section 95 (speciality);

(d) section 96A (earlier transfer to United Kingdom by International Criminal Court).

(3) If the Secretary of State decides any of the questions in subsection (2) in the affirmative he must order the person’s discharge.

(4) If the Secretary of State decides those questions in the negative he must order the person to be extradited to the territory to which his extradition is requested unless—

(a) he is informed that the request has been withdrawn,

(b) he makes an order under section 126(2) or 179(2) for further proceedings on the request to be deferred and the person is discharged under section 180, or

(5) In deciding the questions in subsection (2), the Secretary of State is not required to consider any representations received by him after the end of the permitted period.

(6) The permitted period is the period of 4 weeks starting with the appropriate day.

(6A) The Secretary of State may order the person's discharge if the person—

(a) has been recorded by the Secretary of State as a refugee within the meaning of the Refugee Convention, or

(b) 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 the person to the territory to which extradition is requested.

(7) In the case of a person who has consented under section 127 to his extradition, the Secretary of State is not required—

(a) to wait until the end of the permitted period before ordering the person's extradition, or

(b) to consider any representations received after the order is made.

Death penalty

94

(1) The Secretary of State must not order a person’s extradition to a category 2 territory if he could be, will be or has been sentenced to death for the offence concerned in the category 2 territory.

(2) Subsection (1) does not apply if the Secretary of State receives a written assurance which he considers adequate that a sentence of death—

(a) will not be imposed, or

(b) will not be carried out (if imposed).

Speciality

95

(1) The Secretary of State must not order a person’s extradition to a category 2 territory if there are no speciality arrangements with the category 2 territory.

(2) But subsection (1) does not apply if the person consented to his extradition under section 127 before his case was sent to the Secretary of State.

(3) There are speciality arrangements with a category 2 territory if (and only if) under the law of that territory or arrangements made between it and the United Kingdom a person who is extradited to the territory from the United Kingdom may be dealt with in the territory for an offence committed before his extradition only if—

(a) the offence is one falling within subsection (4), or

(b) he is first given an opportunity to leave the territory.

(4) The offences are—

(a) the offence in respect of which the person is extradited;

(b) an extradition offence disclosed by the same facts as that offence, other than one in respect of which a sentence of death could be imposed;

(d) an offence in respect of which the person waives the right that he would have (but for this paragraph) not to be dealt with for the offence.

(5) Arrangements made with a category 2 territory which is a Commonwealth country or a British overseas territory may be made for a particular case or more generally.

(6) A certificate issued by or under the authority of the Secretary of State confirming the existence of arrangements with a category 2 territory which is a Commonwealth country or a British overseas territory and stating the terms of the arrangements is conclusive evidence of those matters.

Earlier extradition to United Kingdom from other territory

96

The Secretary of State must not order a person’s extradition to a category 2 territory if—

(a) the person was extradited to the United Kingdom from another territory (the extraditing territory);

(b) under arrangements between the United Kingdom and the extraditing territory, that territory’s consent is required to the person’s extradition from the United Kingdom to the category 2 territory in respect of the extradition offence under consideration;

Earlier transfer to United Kingdom by International Criminal Court

96A

(1) The Secretary of State must not order a person's extradition to a category 2 territory if—

(a) the person was transferred to the United Kingdom to serve a sentence imposed by the International Criminal Court;

(b) under arrangements between the United Kingdom and the Court, the consent of the Presidency of the Court is required to the person's extradition from the United Kingdom to the category 2 territory in respect of the extradition offence under consideration;

(2) Subsection (1) does not apply if the person has served the sentence imposed by the Court and has subsequently—

(a) remained voluntarily in the United Kingdom for more than 30 days, or

(b) left the United Kingdom and returned to it.

Deferral: person charged with offence in United Kingdom

97

(1) This section applies if—

(a) the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited;

(b) the person is charged with an offence in the United Kingdom.

(2) The Secretary of State must not make a decision with regard to the person’s extradition until one of these occurs—

(a) the charge is disposed of;

(b) the charge is withdrawn;

(d) an order is made for the charge to lie on the file or, in relation to Scotland, the diet is deserted pro loco et tempore.

(3) If a sentence of imprisonment or another form of detention is imposed in respect of the offence charged, the Secretary of State may defer making a decision with regard to the person’s extradition until the person is released from detention pursuant to the sentence (whether on licence or otherwise).

Deferral: person serving sentence in United Kingdom

98

(1) This section applies if—

(a) the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited;

(b) the person is in custody serving a sentence of imprisonment or another form of detention in the United Kingdom.

(2) The Secretary of State may defer making a decision with regard to the person’s extradition until the person is released from detention pursuant to the sentence (whether on licence or otherwise).

Time limit for order for extradition or discharge

99

(1) This section applies if—

(a) the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited;

(b) within the required period the Secretary of State does not make an order for the person’s extradition or discharge.

(2) If the person applies to the appropriate judge to be discharged, the judge must order his discharge.

(3) The required period is the period of 2 months starting with the appropriate day.

(4) If before the required period ends the Secretary of State applies to the appropriate judge for it to be extended the judge may make an order accordingly; and this subsection may apply more than once.

Information

100

(1) If the Secretary of State orders a person’s extradition under this Part he must—

(a) inform the person of the order;

(b) inform him in ordinary language that he has a right of appeal to the High Court;

(2) But subsection (1)(b) does not apply if the person has consented to his extradition under section 127.

(3) If the Secretary of State orders a person’s extradition under this Part and he has received an assurance such as is mentioned in section 94(2), he must give the person a copy of the assurance when he informs him under subsection (1) of the order.

(4) If the Secretary of State orders a person’s discharge under this Part he must—

(a) inform him of the order;

(b) inform a person acting on behalf of the category 2 territory of the order.

Making of order for extradition or discharge

101

(1) An order to which this section applies must be made under the hand of one of these—

(a) the Secretary of State;

(b) a Minister of State;

(d) a senior official.

(2) But, in relation to Scotland, an order to which this section applies must be made under the hand of one of these—

(a) a member of the Scottish Executive or a junior Scottish Minister;

(b) a senior official who is a member of the staff of the Scottish Administration.

(3) This section applies to—

(a) an order under section 93 for a person’s extradition;

(b) an order under section 93 or 123 for a person’s discharge.

(4) A senior official is—

(a) a member of the Senior Civil Service;

(b) a member of the Senior Management Structure of Her Majesty’s Diplomatic Service.

(5) If it appears to the Secretary of State that it is necessary to do so in consequence of any changes to the structure or grading of the statutory civil service (or any part of it), he may by order make such amendments to subsection (4) as appear to him appropriate to preserve (so far as practicable) the effect of that subsection.

(6) In subsection (5) “the statutory civil service” means the civil service within the meaning of Chapter 1 of Part 1 of the Constitutional Reform and Governance Act 2010 (see section 1(4) of that Act).

The appropriate day

102

(1) This section applies for the purposes of sections 93 and 99 if the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited.

(2) If the person is charged with an offence in the United Kingdom, the appropriate day is the day on which one of these occurs—

(a) the charge is disposed of;

(b) the charge is withdrawn;

(d) an order is made for the charge to lie on the file, or in relation to Scotland, the diet is deserted pro loco et tempore.

(3) If under section 97(3) or 98(2) the Secretary of State defers making a decision , the appropriate day is the day on which the person is released from detention pursuant to the sentence (whether on licence or otherwise).

(4) If section 126 applies in relation to the request for the person’s extradition (the request concerned) the appropriate day is—

(a) the day on which the Secretary of State makes an order under that section, if the order is for proceedings on the other request to be deferred;

(b) the day on which an order under section 180 is made, if the order under section 126 is for proceedings on the request concerned to be deferred and the order under section 180 is for the proceedings to be resumed.

(5) If section 179 applies in relation to the request for the person’s extradition, the appropriate day is—

(a) the day on which the Secretary of State makes an order under that section, if the order is for proceedings on the warrant to be deferred;

(b) the day on which an order under section 180 is made, if the order under section 179 is for proceedings on the request to be deferred and the order under section 180 is for the proceedings to be resumed.

(6) If more than one of subsections (2) to (5) applies, the appropriate day is the latest of the days found under the subsections which apply.

(7) In any other case, the appropriate day is the day on which the judge sends the case to the Secretary of State for his decision whether the person is to be extradited.

Appeals

Appeal where case sent to Secretary of State

103

(1) If the judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited, the person may appeal to the High Court against the relevant decision.

(2) But subsection (1) does not apply if the person consented to his extradition under section 127 before his case was sent to the Secretary of State.

(3) The relevant decision is the decision that resulted in the case being sent to the Secretary of State.

(4) An appeal under this section—

(a) may be brought on a question of law or fact, but

(b) lies only with the leave of the High Court.

(5) If an appeal is brought under this section before the Secretary of State has decided whether the person is to be extradited the appeal must not be heard until after the Secretary of State has made his decision.

(6) If the Secretary of State orders the person’s discharge the appeal must not be proceeded with.

(7) No appeal may be brought under this section if the Secretary of State has ordered the person’s discharge.

(8) If notice of an appeal under section 110 against the decision which resulted in the order for the person’s discharge is given in accordance with subsection (5) of that section—

(a) subsections (6) and (7) do not apply;

(b) no appeal may be brought under this section if the High Court has made its decision on the appeal.

(9) Notice of application for leave to appeal under this section must be given in accordance with rules of court before the end of the permitted period, which is 14 days starting with the day on which the Secretary of State informs the person under section 100(1) or (4) of the order he has made in respect of the person.

(10) But where a person gives notice of application for leave to appeal after the end of the permitted period, the High Court must not for that reason refuse to entertain the application if the person did everything reasonably possible to ensure that the notice was given as soon as it could be given.

Court’s powers on appeal under section 103

104

(1) On an appeal under section 103 the High Court may—

(a) allow the appeal;

(b) direct the judge to decide again a question (or questions) which he decided at the extradition hearing;

(2) The court may allow the appeal only if the conditions in subsection (3) or the conditions in subsection (4) are satisfied.

(3) The conditions are that—

(a) the judge ought to have decided a question before him at the extradition hearing differently;

(b) if he had decided the question in the way he ought to have done, he would have been required to order the person’s discharge.

(4) The conditions are that—

(a) an issue is raised that was not raised at the extradition hearing or evidence is available that was not available at the extradition hearing;

(b) the issue or evidence would have resulted in the judge deciding a question before him at the extradition hearing differently;

(5) If the court allows the appeal it must—

(a) order the person’s discharge;

(b) quash the order for his extradition.

(6) If the judge comes to a different decision on any question that is the subject of a direction under subsection (1)(b) he must order the person’s discharge.

(7) If the judge comes to the same decision as he did at the extradition hearing on the question that is (or all the questions that are) the subject of a direction under subsection (1)(b) the appeal must be taken to have been dismissed by a decision of the High Court.

(8) If the court makes a direction under subsection (1)(b) it must remand the person in custody or on bail.

(9) If the court remands the person in custody it may later grant bail.

Appeal against discharge at extradition hearing

105

(1) If at the extradition hearing the judge orders a person’s discharge, an appeal to the High Court may be brought on behalf of the category 2 territory against the relevant decision.

(2) But subsection (1) does not apply if the order for the person’s discharge was under section 122.

(3) The relevant decision is the decision which resulted in the order for the person’s discharge.

(4) An appeal under this section—

(a) may be brought on a question of law or fact, but

(b) lies only with the leave of the High Court.

(5) Notice of application for leave to appeal under this section must be given in accordance with rules of court before the end of the permitted period, which is 14 days starting with the day on which the order for the person’s discharge is made.

Court’s powers on appeal under section 105

106

(1) On an appeal under section 105 the High Court may—

(a) allow the appeal;

(b) direct the judge to decide the relevant question again;

(2) A question is the relevant question if the judge’s decision on it resulted in the order for the person’s discharge.

(3) The court may allow the appeal only if the conditions in subsection (4) or the conditions in subsection (5) are satisfied.

(4) The conditions are that—

(a) the judge ought to have decided the relevant question differently;

(b) if he had decided the question in the way he ought to have done, he would not have been required to order the person’s discharge.

(5) The conditions are that—

(a) an issue is raised that was not raised at the extradition hearing or evidence is available that was not available at the extradition hearing;

(b) the issue or evidence would have resulted in the judge deciding the relevant question differently;

(6) If the court allows the appeal it must—

(a) quash the order discharging the person;

(b) remit the case to the judge;

(c) direct him to proceed as he would have been required to do if he had decided the relevant question differently at the extradition hearing.

(7) If the court makes a direction under subsection (1)(b) and the judge decides the relevant question differently he must proceed as he would have been required to do if he had decided that question differently at the extradition hearing.

(8) If the court makes a direction under subsection (1)(b) and the judge does not decide the relevant question differently the appeal must be taken to have been dismissed by a decision of the High Court.

(9) If the court—

(a) allows the appeal, or

(b) makes a direction under subsection (1)(b),

it must remand the person in custody or on bail.

(10) If the court remands the person in custody it may later grant bail.

Detention pending conclusion of appeal under section 105

107

(1) This section applies if immediately after the judge orders the person’s discharge the judge is informed on behalf of the category 2 territory of an intention to appeal under section 105.

(2) The judge must remand the person in custody or on bail while the appeal is pending.

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

(4) An appeal under section 105 ceases to be pending at the earliest of these times—

(a) when the proceedings on the appeal are discontinued;

(b) when the High Court—

(i) allows the appeal,

(ii) makes a direction under section 106(1)(b), or

(iii) dismisses the appeal,

unless, where the appeal is dismissed, the court is immediately informed on behalf of the category 2 territory of an intention to apply for leave to appeal to the Supreme Court ;

(c) at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the Supreme Court against the decision of the High Court on the appeal is granted , if no appeal to the Supreme Court is brought before the end of that period;

(d) when there is no further step that can be taken on behalf of the category 2 territory in relation to the appeal (ignoring any power of a court to grant leave to take a step out of time).

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

Detention pending conclusion of appeal under section 105: Scotland

107A

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