Extradition Act 2003

• (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 (“the High Court appeal”).

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

• (3) The High Court appeal ceases to be pending at the earliest of these times—

• (a) when the proceedings on the appeal are abandoned;

• (aa) when the decision of the High Court refusing leave to appeal to it becomes final;

• (b) when the High Court—

• (i) allows the appeal,

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

• (iii) dismisses the appeal.

• (3A) The decision of the High Court refusing leave to appeal to it 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).

• (4) If—

• (a) the High Court appeal is dismissed, and

• (b) immediately after dismissing it, the High Court is informed of an intention to bring an appeal to the Supreme Court against a determination of a relevant devolution issue (“the Supreme Court appeal”),

the High Court must remand the person in custody or on bail while the Supreme Court appeal is pending.

• (5) The Supreme Court appeal ceases to be pending at the earliest of these times—

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

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

• (c) the end of the period of 28 days starting with the day on which permission is given to bring the Supreme Court appeal (unless the appeal is brought within that period);

• (d) the time when the proceedings on the Supreme Court appeal are abandoned;

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

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

• (7) In this section “ relevant devolution issue ” means a devolution issue relating to the person's extradition.

• (8) This section applies only to Scotland.

Appeal against extradition order

108

• (1) If the Secretary of State orders a person’s extradition under this Part, the person may appeal to the High Court against the order.

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

• (3) 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.

• (4) Notice of application for leave to appeal under this section must be given—

• (a) in accordance with rules of court, and

• (b) subject to subsections (5) and (7A), before the end of the permitted period, which is 14 days starting with the day on which the Secretary of State informs the person of the order under section 100(1).

• (5) Notice of application for leave to appeal under this section may be given after the end of the permitted period if it is anapplication for leave to appeal on human rights grounds.

• (6) Notice of application for leave to appeal on human rights grounds given after the end of the permitted period must be given before the person is extradited to the category 2 territory in accordance with section 117.

• (7) Where notice of application for leave to appeal is given in accordance with subsections (5) and (6), the High Court is to grant leave only if it appears to the High Court that—

• (a) the appeal is necessary to avoid real injustice, and

• (b) the circumstances are exceptional and make it appropriate for the appeal to be heard.

• (7A) Where a person gives notice of application for leave to appeal after the end of the permitted period (whether or not the application is for leave to appeal on human rights grounds), 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.

• (8) In this section “to appeal on human rights grounds” means to appeal against the order for the person's extradition on the grounds (and only on the grounds) that the extradition would not be compatible with the Convention rights within the meaning of the Human Rights Act 1998.

Court’s powers on appeal under section 108

109

• (1) On an appeal under section 108 the High Court may—

• (a) allow the appeal;

• (b) dismiss the appeal.

• (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 Secretary of State ought to have decided a question before him differently;

• (b) if he had decided the question in the way he ought to have done, he would not have ordered the person’s extradition.

• (4) The conditions are that—

• (a) an issue is raised that was not raised when the case was being considered by the Secretary of State or information is available that was not available at that time;

• (b) the issue or information would have resulted in the Secretary of State deciding a question before him differently;

• (c) if he had decided the question in that way, he would not have ordered the person’s extradition.

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

• (a) order the person’s discharge;

• (b) quash the order for his extradition.

Appeal against discharge by Secretary of State

110

• (1) If the Secretary of State makes an order for a person’s discharge under this Part, 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 123.

• (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 (under section 100(4)) the Secretary of State informs a person acting on behalf of the category 2 territory of the order.

Court’s powers on appeal under section 110

111

• (1) On an appeal under section 110 the High Court may—

• (a) allow the appeal;

• (b) dismiss the appeal.

• (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 Secretary of State ought to have decided a question before him differently;

• (b) if he had decided the question in the way he ought to have done, he would have ordered the person’s extradition.

• (4) The conditions are that—

• (a) an issue is raised that was not raised when the case was being considered by the Secretary of State or information is available that was not available at that time;

• (b) the issue or information would have resulted in the Secretary of State deciding a question before him differently;

• (c) if he had decided the question in that way, he would have ordered the person’s extradition.

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

• (a) quash the order discharging the person;

• (b) order the person’s extradition.

• (6) If the court allows the appeal it must remand the person in custody or on bail.

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

Detention pending conclusion of appeal under section 110

112

• (1) This section applies in a case where the Secretary of State orders the person's discharge under this Part.

• (2) Subject to subsection (3)—

• (a) the order made by the appropriate judge under section 92(4) (“ the remand order ”) remains in force until the end of the period of three days beginning with the day on which the person's discharge is ordered;

• (b) if within that period the Secretary of State is informed in writing on behalf of the category 2 territory of an intention to appeal under section 110, the remand order remains in force while the appeal is pending.

• (3) If the person is remanded in custody under section 92(4), the appropriate judge may grant bail.

• (4) An appeal under section 110 ceases to be pending at the earliest of these times—

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

• (b) when the High Court—

• (i) allows the appeal, or

• (ii) 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 110: Scotland

112A

• (1) This section applies in a case where the Scottish Ministers order the person's discharge under this Part.

• (2) Subject to subsection (6)—

• (a) the order made by the appropriate judge under section 92(4) (“the remand order”) remains in force until the end of the period of three days beginning with the day on which the person's discharge is ordered;

• (b) if within that period the Scottish Ministers are informed in writing on behalf of the category 2 territory of an intention to appeal under section 110 (“the High Court appeal”), the remand order remains in force while the appeal is pending.

• (3) The High Court appeal ceases to be pending at the earliest of these times—

• (a) when the proceedings on the appeal are abandoned;

• (b) when the High Court—

• (i) allows the appeal, or

• (ii) dismisses the appeal.

• (4) If—

• (a) the High Court appeal is dismissed,

• (b) immediately after dismissing it, the High Court is informed of an intention to bring an appeal to the Supreme Court against a determination of a relevant devolution issue (“the Supreme Court appeal”), and

• (c) the remand order has remained in force until that time,

then, subject to subsection (6), the remand order continues to remain in force while the Supreme Court appeal is pending.

• (5) The Supreme Court appeal ceases to be pending at the earliest of these times—

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

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

• (c) the end of the period of 28 days starting with the day on which permission is given to bring the Supreme Court appeal (unless the appeal is brought within that period);

• (d) the time when the proceedings on the Supreme Court appeal are abandoned;

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

• (6) If the person is remanded in custody under section 92(4), the appropriate judge may later grant bail.

• (7) In this section “relevant devolution issue” means a devolution issue relating to the person's extradition.

• (8) This section applies only to Scotland.

Appeal to High Court: time limit for start of hearing

113

• (1) Rules of court must prescribe the period (the relevant period) within which the High Court must begin to hear an appeal under section 103, 105, 108 or 110.

• (2) The High Court must begin to hear the appeal before the end of the relevant period.

• (3) The High Court may extend the relevant period if it believes it to be in the interests of justice to do so; and this subsection may apply more than once.

• (4) The power in subsection (3) may be exercised even after the end of the relevant period.

• (5) If subsection (2) is not complied with and the appeal is under section 103 or 108—

• (a) the appeal must be taken to have been allowed by a decision of the High Court;

• (b) the person whose extradition has been ordered must be taken to have been discharged by the High Court;

• (c) the order for the person’s extradition must be taken to have been quashed by the High Court.

• (6) If subsection (2) is not complied with and the appeal is under section 105 or 110 the appeal must be taken to have been dismissed by a decision of the High Court.

Appeal to Supreme Court

114

• (1) An appeal lies to the Supreme Court from a decision of the High Court on an appeal under section 103, 105, 108 or 110.

• (2) An appeal under this section lies at the instance of—

• (a) the person whose extradition is requested;

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

• (3) An appeal under this section lies only with the leave of the High Court or the Supreme Court.

• (4) Leave to appeal under this section must not be granted unless—

• (a) the High Court has certified that there is a point of law of general public importance involved in the decision, and

• (b) it appears to the court granting leave that the point is one which ought to be considered by the Supreme Court.

• (5) An application to the High Court for leave to appeal under this section must be made before the end of the permitted period, which is 14 days starting with the day on which the court makes its decision on the appeal to it.

• (6) An application to the Supreme Court for leave to appeal under this section must be made before the end of the permitted period, which is 14 days starting with the day on which the High Court refuses leave to appeal.

• (7) If leave to appeal under this section is granted, the appeal must be brought before the end of the permitted period, which is 28 days starting with the day on which leave is granted.

• (8) If subsection (7) is not complied with—

• (a) the appeal must be taken to have been brought;

• (b) the appeal must be taken to have been dismissed by the Supreme Court immediately after the end of the period permitted under that subsection.

• (9) These must be ignored for the purposes of subsection (8)(b)—

• (a) any power of a court to extend the period permitted for bringing the appeal;

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

• (10) The High Court may grant bail to a person appealing under this section, or applying for leave to appeal under this section, against the dismissal of his appeal under section 103 or 108.

• (11) Section 5 of the Appellate Jurisdiction Act 1876 (c. 59) (composition of House of Lords for hearing and determination of appeals) applies in relation to an appeal under this section or an application for leave to appeal under this section as it applies in relation to an appeal under that Act.

• (12) An order of the House of Lords which provides for an application for leave to appeal under this section to be determined by a committee constituted in accordance with section 5 of the Appellate Jurisdiction Act 1876 may direct that the decision of the committee is taken on behalf of the House.

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

Powers of Supreme Court on appeal under section 114

115

• (1) On an appeal under section 114 the Supreme Court may—

• (a) allow the appeal;

• (b) dismiss the appeal.

• (2) Subsection (3) applies if—

• (a) the person whose extradition is requested brings an appeal under section 114, and

• (b) the Supreme Court allows the appeal.

• (3) The Supreme Court must—

• (a) order the person’s discharge;

• (b) quash the order for his extradition, if the appeal was against a decision of the High Court to dismiss an appeal under section 103 or 108 or to allow an appeal under section 110.

• (4) Subsection (5) applies if—

• (a) the High Court allows an appeal under section 103 or 108 by the person whose extradition is requested or dismisses an appeal under section 110 by a person acting on behalf of the category 2 territory,

• (b) a person acting on behalf of the category 2 territory brings an appeal under section 114 against the decision of the High Court, and

• (c) the Supreme Court allows the appeal.

• (5) The Supreme Court must—

• (a) quash the order discharging the person made by the High Court under section 104(5) or 109(5) or by the Secretary of State under this Part;

• (b) order the person to be extradited to the category 2 territory.

• (6) Subsection (7) applies if—

• (a) the High Court dismisses an appeal under section 105 against a decision made by the judge at the extradition hearing,

• (b) a person acting on behalf of the category 2 territory brings an appeal under section 114 against the decision of the High Court, and

• (c) the Supreme Court allows the appeal.

• (7) The Supreme Court must—

• (a) quash the order of the judge discharging the person whose extradition is requested;

• (b) remit the case to the judge;

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

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

• (9) In a case where subsection (5) or (7) applies, the Supreme Court must remand, in custody or on bail, the person whose extradition is requested.

• (10) If the Supreme Court remands the person in custody the High Court may later grant bail.

Detention pending conclusion of certain appeals under section 114

115A

• (1) This section applies if—

• (a) on an appeal under section 103 or 108 the High Court orders the person's discharge;

• (b) immediately after it does so, the court is informed on behalf of the category 2 territory of an intention to appeal under section 114.

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

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

• (4) An appeal under section 114 ceases to be pending at the earliest of these times—

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

• (b) at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the House of Lords against the decision of the High Court on the appeal under section 103 or 108 is granted, if no appeal to the House of Lords is brought before the end of that period;

• (c) 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 appeals relating to devolution issues

115B

• (1) This section applies if—

• (a) on an appeal under section 103 or 108 the High Court orders the person's discharge;

• (b) immediately after ordering the person's discharge, the High Court is informed of an intention to bring an appeal to the Supreme Court against a determination of a relevant devolution issue (“the Supreme Court appeal”).

• (2) The High Court must remand the person in custody or on bail while the Supreme Court appeal is pending.

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

• (4) The Supreme Court appeal ceases to be pending at the earliest of these times—

• (a) the end of the period of 28 days starting with the day when the High Court orders the person's discharge (unless, within that period, an application is made to the High Court for permission to make the Supreme Court appeal);

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

• (c) the end of the period of 28 days starting with the day on which permission is given to bring the Supreme Court appeal (unless the appeal is brought within that period);

• (d) the time when the proceedings on the Supreme Court appeal are abandoned;

• (e) the time when there is no further step that can be taken in relation to the Supreme Court appeal (ignoring any power of a court to grant leave to take a step out of time).

• (5) In this section “relevant devolution issue” means a devolution issue relating to the person's extradition.

• (6) This section applies only to Scotland.

Appeals: general

116

• (1) A decision under this Part of the judge or the Secretary of State may be questioned in legal proceedings only by means of an appeal under this Part.

• (2) Subsection (1) does not prevent an appeal against a determination of a devolution issue.

• (3) In this Part “ devolution issue ” has the same meaning as in Schedule 6 to the Scotland Act 1998.

Time for extradition

Extradition where no appeal

117

• (1) This section applies if the Secretary of State orders a person’s extradition to a category 2 territory under this Part and either—

• (a) no notice of application for leave to appeal under section 103 or 108 is given before the end of the permitted period, or

• (b) notice is given during that period but the High Court refuses leave to appeal to it.

• (2) The person must be extradited to the category 2 territory before the end of the required period, which is 28 days starting with —

• (a) the day on which the Secretary of State makes the extradition order (where subsection (1)(a) applies and no order is made under section 118A or 118B),

• (b) the day on which the decision of the High Court refusing leave to appeal to it becomes final (where subsection (1)(b) applies and no order is made under section 118A or 118B), or

• (c) the earliest day on which the extradition order may be carried out (where an order is made under section 118A or 118B).

• (2A) The decision of the High Court refusing leave to appeal to it 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.

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

• (4) These must be ignored for the purposes of subsections (1) to (2A)—

• (a) any power of a court to extend the period permitted for giving notice of application for leave to appeal;

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

• (5) If leave to appeal to the High Court is granted on an application notice of which was given after the end of the permitted period, this section ceases to apply (but section 118 applies instead).

• (6) In this section, “permitted period” means 14 days starting with the day on which the Secretary of State informs the person under section 100(1) that he has ordered his extradition.

Extradition following appeal

118

• (1) This section applies if—

• (a) there is an appeal to the High Court under section 103, 108 or 110 against a decision or order relating to a person’s extradition to a category 2 territory, and

• (b) the effect of the decision of the relevant court on the appeal is that the person is to be extradited there.

• (2) The person must be extradited to the category 2 territory before the end of the required period, which is 28 days starting with—

• (a) the day on which the decision of the relevant court on the appeal becomes final, or

• (b) the day on which proceedings on the appeal are discontinued.

• (2A) But if the day referred to in paragraph (a) or (b) of subsection (3) is earlier than the earliest day on which, by reason of an order under section 118C or 118D, the extradition order may be carried out (“the postponed date”), the required period is 28 days beginning with the postponed date.

• (3) The relevant court is—

• (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.

• (4) The decision of the High Court on the appeal becomes final—

• (a) when the period permitted for applying to the High Court for leave to appeal to the 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.

• (5) These must be ignored for the purposes of subsection (4)—

• (a) any power of a court to extend the period permitted for applying for leave to appeal;

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

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

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

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

Extradition following appeal: Scotland

118A

• (1) This section applies if—

• (a) there is an appeal to the High Court under section 103, 108 or 110 against a decision or order relating to a person's extradition to a category 2 territory, and

• (b) the effect of the decision in the relevant proceedings is that the person must be extradited to the category 2 territory.

• (2) The “relevant proceedings” are—

• (a) the proceedings on the appeal under section 103, 108 or 110 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 2 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 103, 108 or 110 (except 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 High Court's decision on the appeal (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 the 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 103, 108 or 110, 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.

Scottish devolution issue: remand in custody or on bail

118B

• (1) This section applies where, on an appeal to the Supreme Court against a determination of a devolution issue relating to a person's extradition under this Part, the Supreme Court—

• (a) remits the case to the High Court, or

• (b) orders the person's extradition.

• (2) The Supreme Court must remand the person in custody or on bail pending the person's extradition.

• (3) If the Supreme Court remands the person in custody, the High Court may later grant bail.

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

118C

• (1) This section applies if—

• (a) the Secretary of State has made an order for a person's extradition under this Part, 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 order that person is serving sentence in United Kingdom

118D

• (1) This section applies if—

• (a) the Secretary of State has made an order for a person's extradition under this Part, 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

119

• (1) This section applies if—

• (a) the Secretary of State orders a person’s extradition to a category 2 territory under this Part;

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

• (i) in custody, or

• (ii) on licence.

• (2) The Secretary of State may make the order for extradition subject to the condition that extradition is not to take place before he receives an undertaking given on behalf of the category 2 territory in terms specified by him.

• (3) The terms which may be specified by the Secretary of State in relation to a person within subsection (1)(b)(i) who is accused in a category 2 territory of the commission of an offence include terms—

• (a) that the person be kept in custody until the conclusion of the proceedings against him for the offence and any other offence in respect of which he is permitted to be dealt with in the category 2 territory;

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

• (3A) The terms which may be specified by the Secretary of State in relation to a person within subsection (1)(b)(ii) who is accused in a category 2 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 2 territory for—

• (a) the offence, and

• (b) any other offence in respect of which he is permitted to be dealt with in the category 2 territory.

• (4) The terms which may be specified by the Secretary of State in relation to a person alleged to be unlawfully at large after conviction of an offence by a court in a category 2 territory include terms that the person be returned to the United Kingdom to serve the remainder of his sentence after serving any sentence imposed on him in the category 2 territory for—

• (a) the offence, and

• (b) any other offence in respect of which he is permitted to be dealt with in the category 2 territory.

• (5) Subsections (6) and (7) apply if the Secretary of State makes an order for extradition subject to a condition under subsection (2).

• (6) If the Secretary of State does not receive the undertaking before the end of the period of 21 days starting with the day on which he makes the order and the person applies to the High Court to be discharged, the court must order his discharge.

• (7) If the Secretary of State receives the undertaking before the end of that period—

• (a) in a case where section 117 applies, the required period for the purposes of section 117(2) is 28 days starting with the day on which the Secretary of State receives the undertaking;

• (b) in a case where section 118 applies, the required period for the purposes of section 118(2) is 28 days starting with the day on which the decision of the relevant court on the appeal becomes final (within the meaning of that section) or (if later) the day on which the Secretary of State receives the undertaking.

Extradition following deferral for competing claim

120

• (1) This section applies if—

• (a) an order is made under this Part for a person to be extradited to a category 2 territory in pursuance of a request for his extradition;

• (b) before the person is extradited to the territory an order is made under section 126(2) or 179(2) for the person’s extradition in pursuance of the request to be deferred;

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

• (2) In a case where section 117 applies, the required period for the purposes of section 117(2) is 28 days starting with the day on which the order under section 181(2) is made.

• (3) In a case where section 118 applies, the required period for the purposes of section 118(2) is 28 days starting with the day on which the decision of the relevant court on the appeal becomes final (within the meaning of that section) or (if later) the day on which the order under section 181(2) is made.

Asylum claim

121

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

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

• (3) If—

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

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

the person must not be extradited in pursuance of the request before the asylum claim is finally determined; and sections 117 and 118 have effect subject to this.

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

• (5) If the Secretary of State rejects the asylum claim, the claim is finally determined—

• (a) when the Secretary of State makes his decision on the claim, if there is no right to appeal against the Secretary of State’s decision on the claim;

• (b) when the period permitted for appealing against the Secretary of State’s decision on the claim ends, if there is such a right but there is no such appeal;

• (c) when the appeal against that decision is finally determined or is withdrawn or abandoned, if there is such an appeal.

• (6) An appeal against the Secretary of State’s decision on an asylum claim is not finally determined for the purposes of subsection (5) at any time when a further appeal or an application for leave to bring a further appeal—

• (a) has been instituted and has not been finally determined or withdrawn or abandoned, or

• (b) may be brought.

• (7) The remittal of an appeal is not a final determination for the purposes of subsection (6).

• (8) The possibility of an appeal out of time with leave must be ignored for the purposes of subsections (5) and (6).

Withdrawal of extradition request

Withdrawal of request before end of extradition hearing

122

• (1) This section applies if at any time in the relevant period the appropriate judge is informed by the Secretary of State that a request for a person’s extradition has been withdrawn.

• (2) The relevant period is the period—

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

• (b) ending when the judge orders the person’s discharge or sends the case to the Secretary of State for his decision whether the person is to be extradited.

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

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

Withdrawal of request after case sent to Secretary of State

123

• (1) This section applies if at any time in the relevant period the Secretary of State is informed that a request for a person’s extradition has been withdrawn.

• (2) The relevant period is the period—

• (a) starting when the judge sends the case to the Secretary of State for his decision whether the person is to be extradited;

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

• (3) The Secretary of State must order the person’s discharge.

Withdrawal of request whileapplication or appeal to High Court pending

124

• (1) This section applies if at any time in the relevant period the High Court is informed by the Secretary of State that a request for a person’s extradition has been withdrawn.

• (2) The relevant period is the period—

• (a) starting when notice of application for leave to appeal to the High Court is given by the person whose extradition is requested or by a person acting on behalf of the category 2 territory to which his extradition is requested;

• (b) ending 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) If theapplication or appeal is under section 103 or 108, the court must—

• (a) order the person’s discharge;

• (b) quash the order for his extradition, if the Secretary of State has ordered his extradition.

• (4) If the application or appeal is under section 105 or 110, the court must dismiss the application or appeal.

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

Withdrawal of request while appeal to Supreme Court pending

125

• (1) This section applies if at any time in the relevant period the Supreme Court is informed by the Secretary of State that a request for a person’s extradition has been withdrawn.

• (2) The relevant period is the period—

• (a) starting when leave to appeal to the Supreme Court is granted to the person whose extradition is requested or a person acting on behalf of the category 2 territory to which his extradition is requested;

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

• (3) If the appeal is brought by the person whose extradition is requested 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 103 or 108.

• (4) If the appeal is brought by a person acting on behalf of the category 2 territory the Supreme Court must dismiss the appeal.

• (5) If the person whose extradition is requested 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 extradition requests

Competing extradition requests

126

• (1) This section applies if—

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

• (b) the person is in the United Kingdom;

• (c) before the person is extradited in pursuance of the request or discharged, the Secretary of State receives another valid request for the person’s extradition.

• (2) The Secretary of State may—

• (a) order proceedings (or further proceedings) on one of the requests to be deferred until the other one has been disposed of, if neither of the requests has been disposed of;

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

• (3) In applying subsection (2) the Secretary of State must take account in particular of these matters—

• (a) the relative seriousness of the offences concerned;

• (b) the place where each offence was committed (or was alleged to have been committed);

• (c) the date when each request was received;

• (d) whether, in the case of each offence, the person is accused of its commission (but not alleged to have been convicted) or is alleged to be unlawfully at large after conviction.

Consent to extradition

Consent to extradition: general

127

• (1) A person arrested under a warrant issued under section 71 may consent to his extradition to the category 2 territory to which his extradition is requested.

• (2) A person arrested under a provisional warrant or under section 74A may consent to his extradition to the category 2 territory in which he is accused of the commission of an offence or is alleged to have been convicted of an offence.

• (3) Consent under this section—

• (a) must be given in writing;

• (b) is irrevocable.

• (4) Consent under this section which is given by a person before his case is sent to the Secretary of State for the Secretary of State’s decision whether he is to be extradited must be given before the appropriate judge.

• (5) Consent under this section which is given in any other case must be given to the Secretary of State.

• (6) A person may not give his consent under this section before the appropriate judge unless—

• (a) he is legally represented before the appropriate judge at the time he gives consent, or

• (b) he is a person to whom subsection (7) applies.

• (7) This subsection applies to a person if—

• (a) he has been informed of his right to apply for legal aid and has had the opportunity to apply for legal aid, but he has refused or failed to apply;

• (b) he has applied for legal aid but his application has been refused;

• (c) he was granted legal aid but the legal aid was withdrawn.

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

• (a) in England and Wales, 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.

• (9) For the purposes of subsection (6) a person is to be treated as legally represented before the appropriate judge if (and only if) he has the assistance of counsel or a solicitor to represent him in the proceedings before the appropriate judge.

Consent to extradition before case sent to Secretary of State

128

• (1) This section applies if a person gives his consent under section 127 to the appropriate judge.

• (2) If the judge has not fixed a date under section 75 or 76 on which the extradition hearing is to begin he is not required to do so.

• (3) If the extradition hearing has begun the judge is no longer required to proceed or continue proceeding under sections 78 to 91.

• (4) The judge must send the case to the Secretary of State for his decision whether the person is to be extradited.

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

Post-extradition matters

Consent to other offence being dealt with

129

• (1) This section applies if—

• (a) a person is extradited to a category 2 territory in accordance with this Part;

• (b) the Secretary of State receives a valid request for his consent to the person being dealt with in the territory for an offence other than the offence in respect of which he was extradited.

• (2) A request for consent is valid if it is made by an authority which is an authority of the territory and which the Secretary of State believes has the function of making requests for the consent referred to in subsection (1)(b) in that territory.

• (3) The Secretary of State must serve notice on the person that he has received the request for consent, unless he is satisfied that it would not be practicable to do so.

• (4) The Secretary of State must decide whether the offence is an extradition offence.

• (5) If the Secretary of State decides the question in subsection (4) in the negative he must refuse his consent.

• (6) If the Secretary of State decides that question in the affirmative he must decide whether the appropriate judge would send the case to him (for his decision whether the person was to be extradited) under sections 79 to 91 if—

• (a) the person were in the United Kingdom, and

• (b) the judge were required to proceed under section 79 in respect of the offence for which the Secretary of State’s consent is requested.

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

• (8) If the Secretary of State decides that question in the affirmative he must decide whether, if the person were in the United Kingdom, his extradition in respect of the offence would be prohibited under section 94, 95 or 96.

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

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

Consent to further extradition to category 2 territory

130

• (1) This section applies if—

• (a) a person is extradited to a category 2 territory (the requesting territory) in accordance with this Part;

• (b) the Secretary of State receives a valid request for his consent to the person’s extradition to another category 2 territory for an offence other than the offence in respect of which he was extradited.

• (2) A request for consent is valid if it is made by an authority which is an authority of the requesting territory and which the Secretary of State believes has the function of making requests for the consent referred to in subsection (1)(b) in that territory.

• (3) The Secretary of State must serve notice on the person that he has received the request for consent, unless he is satisfied that it would not be practicable to do so.

• (4) The Secretary of State must decide whether the offence is an extradition offence in relation to the category 2 territory referred to in subsection (1)(b).

• (5) If the Secretary of State decides the question in subsection (4) in the negative he must refuse his consent.

• (6) If the Secretary of State decides that question in the affirmative he must decide whether the appropriate judge would send the case to him (for his decision whether the person was to be extradited) under sections 79 to 91 if—

• (a) the person were in the United Kingdom, and

• (b) the judge were required to proceed under section 79 in respect of the offence for which the Secretary of State’s consent is requested.

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

• (8) If the Secretary of State decides that question in the affirmative he must decide whether, if the person were in the United Kingdom, his extradition in respect of the offence would be prohibited under section 94, 95 or 96.

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

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

Consent to further extradition to category 1 territory

131

• (1) This section applies if—

• (a) a person is extradited to a category 2 territory (the requesting territory) in accordance with this Part;

• (b) the Secretary of State receives a valid request for his consent to the person’s extradition to a category 1 territory for an offence other than the offence in respect of which he was extradited.

• (2) A request for consent is valid if it is made by an authority which is an authority of the requesting territory and which the Secretary of State believes has the function of making requests for the consent referred to in subsection (1)(b) in that territory.

• (3) The Secretary of State must serve notice on the person that he has received the request for consent, unless he is satisfied that it would not be practicable to do so.

• (4) The Secretary of State must decide whether the offence is an extradition offence within the meaning given by section 64 in relation to the category 1 territory.

• (5) If the Secretary of State decides the question in subsection (4) in the negative he must refuse his consent.

• (6) If the Secretary of State decides that question in the affirmative he must decide whether the appropriate judge would order the person’s extradition under sections 11 to 25 if—

• (a) the person were in the United Kingdom, and

• (b) the judge were required to proceed under section 11 in respect of the offence for which the Secretary of State’s consent is requested.

• (7) If the Secretary of State decides the question in subsection (6) in the affirmative he must give his consent.

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

Return of person to serve remainder of sentence

132

• (1) This section applies if—

• (a) a person who is serving a sentence of imprisonment or another form of detention in the United Kingdom is extradited to a category 2 territory in accordance with this Part;

• (b) the person is returned to the United Kingdom to serve the remainder of 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 2 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 any day mentioned in any of paragraphs (a) to (d) of section 59(10).

• (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

133

• (1) This section applies if any of the following occurs in relation to a person whose extradition is requested under this Part—

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

• (aa) the High Court dismisses an application for leave to appeal to it under section 103 or 108;

• (b) the High Court dismisses an appeal under section 103 or 108;

• (c) the High Court or the Supreme Court dismisses an application for leave to appeal to the Supreme Court under section 114, if the application is made by the person;

• (d) the Supreme Court dismisses an appeal under section 114, if the appeal is brought by the person.

• (2) In a case falling within subsection (1)(a), the appropriate judge may make such order as he considers just and reasonable with regard to the costs to be paid by the person.

• (2A) In a case falling within subsection (1)(aa), the High Court may make such order as it considers just and reasonable with regard to the costs to be paid by the person.

• (3) In a case falling within subsection (1)(b) by virtue of section 104(7), the judge who decides the question that is (or all the questions that are) the subject of a direction under section 104(1)(b) may make such order as he considers just and reasonable with regard to the costs to be paid by the person.

• (4) In any other case falling within subsection (1)(b), the High Court may make such order as it considers just and reasonable with regard to the costs to be paid by the person.

• (5) In a case falling within subsection (1)(c) or (d), the court by which the application or appeal is dismissed may make such order as it considers just and reasonable with regard to the costs to be paid by the person.

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

• (a) must specify their amount;

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

Costs where discharge ordered

134

• (1) This section applies if any of the following occurs in relation to a person whose extradition to a category 2 territory is requested under this Part—

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

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

• (ba) the High Court dismisses an application for leave to appeal to it under section 105 or 110;

• (c) the High Court dismisses an appeal under section 105 or 110;

• (d) the High Court or the Supreme Court dismisses an application for leave to appeal to the Supreme Court under section 114, if the application is made on behalf of the category 2 territory;

• (e) the Supreme Court dismisses an appeal under section 114, if the appeal is brought on behalf of the category 2 territory.

• (2) In a case falling within subsection (1)(a), an order under subsection (5) in favour of the person may be made by—

• (a) the appropriate judge, if the order for the person’s discharge is made by him or by the Secretary of State;

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

• (c) the 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 135A and 135B.

• (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

135

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

Appropriate amount: England and Wales

135A

• (1) For the purposes of an order under section 134(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 134(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 135B, 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 134(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 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 134 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

135B

• (1) An order under section 134(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 134(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 134(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

136

• (1) This section applies if—

• (a) a request is made for a person’s extradition to a category 2 territory and the request contains the statement referred to in subsection (2), ...

• (b) a provisional warrant for a person’s arrest is sought on behalf of a category 2 territory and the information laid before the justice contains the statement referred to in subsection (2), or

• (c) a request for the person's arrest is made by an authority of a specified category 2 territory (within the meaning of section 74B(7)) and the request contains the statement referred to in subsection (2).

• (2) The statement is one that the person—

• (a) is alleged to be unlawfully at large from a prison in one territory (the imprisoning territory) in which he was serving a sentence after conviction of an offence specified in the request by a court in another territory (the convicting territory), and

• (b) was serving the sentence in pursuance of international arrangements for prisoners sentenced in one territory to be repatriated to another territory in order to serve their sentence.

• (3) If the category 2 territory is either the imprisoning territory or the convicting territory—

• (a) section 70(3) has effect as if the reference to the statement referred to in subsection (4) of that section were a reference to the statement referred to in subsection (2) of this section;

• (b) section 73(1) has effect as if the reference to a person within subsection (2) of that section were a reference to the person referred to in subsection (1)(b) or (c) (as the case may be) of this section.

• (c) section 74C(1)(b) has effect as if the reference to the statement referred to in subsection (4) of that section were a reference to the statement in subsection (2) of this section;

• (d) section 74C(5) has effect as if paragraph (c) were omitted and as if in paragraph (d)—

• (i) “the category 2 territory” read “the convicting territory”;

• (ii) “if the person has been sentenced for the offence” were omitted.

• (4) If the category 2 territory is the imprisoning territory—

• (a) sections 71(2)(a), 73(3)(a) and 78(4)(b) have effect as if “an extradition offence” read “ an extradition offence in relation to the convicting territory ”;

• (aa) section 74(7)(a) has effect as if “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” read “alleged to be unlawfully at large from a prison in the imprisoning territory after conviction of an offence in the convicting territory”;

• (b) sections 74(8)(a) and 127(2) have effect as if “the category 2 territory in which he is accused of the commission of an offence or is alleged to have been convicted of an offence” read “ the imprisoning territory ”;

• (c) section 74(11)(b) has effect as if “the category 2 territory” read “ the imprisoning territory ”;

• (ca) section 74B(1)(b) has effect as if sub-paragraph (i) were omitted and as if for sub-paragraph (ii) there were substituted—

(ii) the person is alleged to be unlawfully at large from a prison in the imprisoning territory after conviction of an offence in the convicting territory;

• (cb) section 74B(1)(c) has effect as if “a serious extradition offence” read “a serious extradition offence in relation to the convicting territory”;