Legalize / United Kingdom / Public General Act

Extradition Act 2003

Type Public General Act

Publication 2003-11-20

Last updated 2024-03-13

State In force

Department Statute Law Database

Source legislation.gov.uk

articles 1

Reform history JSON API

Documents sent by facsimile

Case where person has been convicted

Human rights

The appropriate day

Powers of Supreme Court on appeal under section 114

Detention pending conclusion of appeal under section 28: Scotland

30A

(1) This section applies if immediately after the judge orders the person's discharge the judge is informed by the authority which issued the Part 1 warrant (“ the issuing authority ”) that it intends to appeal under section 28 (“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, or

(ii) 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 by the issuing authority that it intends 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 issuing authority (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 High Court 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.

Questioning of prosecutor's certificate

33ZA

(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 it may later grant bail.

33B

(1) This section applies if immediately after the High Court orders the person's discharge the court is informed by the authority which issued the Part 1 warrant (“the issuing authority”) that it intends 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 by the issuing authority (ignoring any power of a court to grant permission 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.

Extradition where no appeal

36A

(1) This section applies if—

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

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

(2) The “relevant proceedings” are—

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

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

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

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

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

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

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

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

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

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

(d) at the end of the permitted period, which is 28 days starting with the day on which permission to make a Supreme Court devolution appeal is granted, if no such appeal is brought before the end of that period.

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

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

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

(6) In a case where—

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

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

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

(7) In a case where—

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

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

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

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

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

(10) This section applies only to Scotland.

Costs where extradition ordered

Costs where discharge ordered: supplementary

62A

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

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

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

(a) section 62B, and

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

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

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

(b) subsection (2) applies.

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

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

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

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

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

62B

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

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

(a) proceedings in a magistrates' court, or

(b) proceedings in the Supreme Court.

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

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

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

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

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

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

(7) In this section—

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

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

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

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

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

Case where person has been convicted

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

Extradition following deferral for competing claim

Appeal to High Court: time limit for start of hearing

Costs where discharge ordered: supplementary

Legal costs: England and Wales

Person serving sentence in United Kingdom before extradition hearing

Case where person has been convicted

107A

(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.

Arrest warrant following extradition request

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

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.

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.

Person arrested under section 71

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);

(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.

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.

Human rights

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.

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.

Persons serving sentences outside territory where convicted

Scottish devolution issue: remand in custody or on bail

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

Return to extraditing territory to serve sentence

Search and seizure warrants

Detention pending conclusion of appeal under section 110: Scotland

Appropriate amount: England and Wales

Withdrawal of request before end of extradition hearing

Northern Ireland DPP and Crown Solicitor: role in extradition proceedings

Appropriate amount: England and Wales

Costs where extradition ordered

Custody

Bail: Scotland

Appeal against grant of bail

Extradition offences: person sentenced for offence

The appropriate judge

Persons serving sentences outside territory where convicted

Rules of court

Extradition offences: person not sentenced for offence

Existing legislation on extradition

Finance

19C

(1) The judge hearing proceedings under section 19B (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 19E.

(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.

19D

(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 1 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).

19E

(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 26 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 19B to 19D 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 26 has effect as a reference to an appeal under section 32 to the Supreme Court;

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

19F

(1) This section applies for the purposes of sections 19B to 19E (and this section).

(2) These expressions have the meanings given—

“ D ” has the meaning given in section 19B(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 Part 1 warrant (including the conduct that constitutes the extradition offence);

“ forum proceedings ” has the meaning given in section 19C(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 19D(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.

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.

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).

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.

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.

Detention pending conclusion of appeal under section 105: Scotland

Person arrested under section 71

Powers of Supreme Court on appeal under section 114

Extradition where no appeal

Human rights

Death penalty

Persons serving sentences outside territory where convicted

The appropriate judge

Issue of Part 3 warrant

Undertaking in relation to person serving sentence

Search and seizure warrants

Extradition where no appeal

Withdrawal of request before end of extradition hearing

Re-extradition: preliminary

Lord Advocate: role in extradition proceedings

Costs where discharge ordered: supplementary

Appropriate amount: England and Wales

Persons serving sentences outside territory where convicted

Issue of Part 3 warrant

Burden and standard of proof

Live links: interpretation

Reasonable force

The appropriate judge

Form of documents

Undertaking in relation to person serving sentence

Undertaking in relation to person serving sentence in United Kingdom

12A

(1) A person's extradition to a category 1 territory is barred by reason of absence of prosecution decision if (and only if)—

(a) it appears to the appropriate judge that there are reasonable grounds for believing that—

(i) the competent authorities in the category 1 territory have not made a decision to charge or have not made a decision to try (or have made neither of those decisions), and

(ii) the person's absence from the category 1 territory is not the sole reason for that failure,

and

(b) those representing the category 1 territory do not prove that—

(i) the competent authorities in the category 1 territory have made a decision to charge and a decision to try, or

(ii) in a case where one of those decisions has not been made (or neither of them has been made), the person's absence from the category 1 territory is the sole reason for that failure.

(2) In this section “to charge” and “to try”, in relation to a person and an extradition offence, mean—

(a) to charge the person with the offence in the category 1 territory, and

(b) to try the person for the offence in the category 1 territory.

Effect of prosecutor's certificates on forum proceedings

Questioning of prosecutor's certificate

21A

(1) If the judge is required to proceed under this section (by virtue of section 11), the judge must decide both of the following questions in respect of the extradition of the person (“D”)—

(a) whether the extradition would be compatible with the Convention rights within the meaning of the Human Rights Act 1998;

(b) whether the extradition would be disproportionate.

(2) In deciding whether the extradition would be disproportionate, the judge must take into account the specified matters relating to proportionality (so far as the judge thinks it appropriate to do so); but the judge must not take any other matters into account.

(3) These are the specified matters relating to proportionality—

(a) the seriousness of the conduct alleged to constitute the extradition offence;

(b) the likely penalty that would be imposed if D was found guilty of the extradition offence;

(c) the possibility of the relevant foreign authorities taking measures that would be less coercive than the extradition of D.

(4) The judge must order D's discharge if the judge makes one or both of these decisions—

(a) that the extradition would not be compatible with the Convention rights;

(b) that the extradition would be disproportionate.

(5) The judge must order D to be extradited to the category 1 territory in which the warrant was issued if the judge makes both of these decisions—

(a) that the extradition would be compatible with the Convention rights;

(b) that the extradition would not be disproportionate.

(6) If the judge makes an order under subsection (5) he must remand the person in custody or on bail to wait for extradition to the category 1 territory.

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

(8) In this section “ relevant foreign authorities ” means the authorities in the territory to which D would be extradited if the extradition went ahead.

21B

(1) This section applies if—

(a) a Part 1 warrant is issued which contains the statement referred to in section 2(3) (warrant issued for purposes of prosecution for offence in category 1 territory), and

(b) at any time before or in the extradition hearing, the appropriate judge is informed that a request under subsection (2) or (3) has been made.

(2) A request under this subsection is a request by a judicial authority of the category 1 territory in which the warrant is issued (“the requesting territory”)—

(a) that the person in respect of whom the warrant is issued be temporarily transferred to the requesting territory, or

(b) that arrangements be made to enable the person to speak with representatives of an authority in the requesting territory responsible for investigating, prosecuting or trying the offence specified in the warrant.

(3) A request under this subsection is a request by the person in respect of whom the warrant is issued—

(a) to be temporarily transferred to the requesting territory, or

(b) that arrangements be made to enable the person to speak with representatives of an authority in the requesting territory responsible for investigating, prosecuting or trying the offence specified in the warrant.

(4) The judge must order further proceedings in respect of the extradition to be adjourned if the judge thinks it necessary to do so to enable the person (in the case of a request under subsection (2)) or the authority by which the warrant is issued (in the case of a request under subsection (3)) to consider whether to consent to the request.

An adjournment under this subsection must not be for more than 7 days.

(5) If the person or authority consents to the request, the judge must—

(a) make whatever orders and directions seem appropriate for giving effect to the request;

(b) order further proceedings in respect of the extradition to be adjourned for however long seems necessary to enable the orders and directions to be carried out.

(6) If the request, or consent to the request, is withdrawn before effect (or full effect) has been given to it—

(a) no steps (or further steps) may be taken to give effect to the request;

(b) the judge may make whatever further orders and directions seem appropriate (including an order superseding one made under subsection (5)(b)).

(7) A person may not make a request under paragraph (a) or (b) of subsection (3) in respect of a warrant if the person has already given consent to a request under the corresponding paragraph of subsection (2) in respect of that warrant (even if that consent has been withdrawn).

(8) A person may not make a further request under paragraph (a) or (b) of subsection (3) in respect of a warrant if the person has already made a request under that paragraph in respect of that warrant (even if that request has been withdrawn).

(9) If—

(a) a request under subsection (2) or (3) is made before a date has been fixed on which the extradition hearing is to begin, and

(b) the proceedings are adjourned under this section,

the permitted period for the purposes of fixing that date (see section 8(4)) is extended by the number of days for which the proceedings are so adjourned.

Extradition request

36B

(1) This section applies if—

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

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

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

(a) the charge is disposed of;

(b) the charge is withdrawn;

(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.

36C

(1) This section applies if—

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

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

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

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

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

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

Undertaking in relation to person serving sentence in United Kingdom

Extradition where no appeal

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

Undertaking in relation to person serving sentence in United Kingdom

Extradition offences: person not sentenced for offence

The appropriate judge

Person arrested under provisional warrant

The extradition hearing

Person charged with offence in United Kingdom before extradition hearing

Detention pending conclusion of appeal under section 110: Scotland

Extradition where no appeal

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;

(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.

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.

Withdrawal of request before end of extradition hearing

Appropriate amount: England and Wales

Sections 153A and 153C etc : supplementary

151B

(1) Section 150 or 151A does not prevent a person in whose case that section applies from being detained with a view to trial in England and Wales for an offence if the conditions in subsection (2) are satisfied.

(2) The conditions are that—

(a) the United Kingdom and the territory from which the person was extradited have each made a declaration under Article 14(3) of the Extradition Convention, and the declarations are still in force;

(b) the Secretary of State makes a request for the consent referred to in section 150(3)(c) or 151A(3)(c) in respect of the offence (“the consent request”);

(c) the Secretary of State gives notification, which is explicitly acknowledged on behalf of the territory, of the date on which the detention is to begin (“the notified date”).

(3) The Extradition Convention is the European Convention on Extradition done at Paris on 13 December 1957.

(4) This section applies only to detention during the period beginning with the notified date and ending with whichever of the following occurs first—

(a) if a notification of opposition to the detention is given on behalf of the territory, the date on which Secretary of State receives it;

(b) the date on which the Secretary of State receives notification given on behalf of the territory as to whether the consent request is granted or refused;

Sections 153A and 153C etc : supplementary

Service personnel

Search and seizure warrants

Restriction on bail where undertaking given by Secretary of State

Delivery of seized property

Custody

Lord Advocate: role in extradition proceedings

Genocide, crimes against humanity and war crimes

Parties to international Conventions

Production orders

Appeal against grant of bail

Re-extradition: preliminary

Written statements and admissions

Burden and standard of proof

Live links: interpretation

Reasonable force

Disposal of Part 1 warrant and extradition request

Form of documents

Orders in Council

Appeal to Supreme Court

Scottish devolution issue: remand in custody or on bail

Extradition following appeal

Extradition offences: person not sentenced for offence

Death penalty

The appropriate day

Detention pending conclusion of appeal under section 105: Scotland

Court’s powers on appeal under section 110

Court’s powers on appeal under section 108

Court’s powers on appeal under section 110

Powers of Supreme Court on appeal under section 114

Scottish devolution issue: remand in custody or on bail

Costs where discharge ordered: supplementary

Appropriate amount: England and Wales

Extradition offences: person sentenced for offence

The appropriate judge

Issue of Part 3 warrant

Undertaking in relation to person serving sentence

Return to extraditing territory to serve sentence

Search and seizure warrants

Delivery of seized property

Extradition from British overseas territories

Re-extradition: preliminary

Lord Advocate: role in extradition proceedings

Parties to international Conventions

Genocide, crimes against humanity and war crimes

Custody

Burden and standard of proof

Reasonable force

Remand to local authority accommodation

Burden and standard of proof

Live links: interpretation

Reasonable force

Disposal of Part 1 warrant and extradition request

Form of documents

Orders in Council

Person arrested under section 71

Case where person has been convicted

Detention pending conclusion of appeal under section 105: Scotland

Appeal against extradition order

Court’s powers on appeal under section 108

Court’s powers on appeal under section 110

Detention pending conclusion of appeal under section 110: Scotland

Powers of Supreme Court on appeal under section 114

Costs where extradition ordered

Costs where discharge ordered: supplementary

Persons serving sentences outside territory where convicted

Extradition offences: person not sentenced for offence

Production orders

Return to extraditing territory to serve sentence

Lord Advocate: role in extradition proceedings

Production orders

Bail: Scotland

Codes of practice

Lord Advocate: role in extradition proceedings

Burden and standard of proof

Live links: interpretation

Custody

Written statements and admissions

Appeal against grant of bail

Remand to local authority accommodation

Written statements and admissions

Live links: interpretation

Reasonable force

Disposal of Part 1 warrant and extradition request

Form of documents

Orders in Council

Extradition to category 1 territories

Person charged with offence in United Kingdom before extradition hearing

Case where person has been convicted

Powers of Supreme Court on appeal under section 32

Costs where extradition ordered

The appropriate judge

Provisional arrest without warrant

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.

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.

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.

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.

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).

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

The appropriate day

Detention pending conclusion of appeal under section 105: Scotland

Appeal against extradition order

Court’s powers on appeal under section 108

Powers of Supreme Court on appeal under section 114

Extradition where no appeal

Appropriate amount: England and Wales

Persons serving sentences outside territory where convicted

Issue of Part 3 warrant

Extradition offences: person sentenced for offence

The appropriate judge

Issue of Part 3 warrant

Undertaking in relation to person serving sentence

Restriction on bail where undertaking given by Secretary of State

Re-extradition: preliminary

Delivery of seized property

Codes of practice

Extradition from British overseas territories

Parties to international Conventions

Custody

Remand to local authority accommodation

Reasonable force

Form of documents

Orders in Council

SCHEDULE A1

Costs where extradition ordered

Extradition offences: person not sentenced for offence

Extradition offences: person sentenced for offence

The appropriate judge

Search and seizure warrants

Codes of practice

Extradition from British overseas territories

Re-extradition: preliminary

Parties to international Conventions

Bail: Scotland

Appeal against grant of bail

Remand to local authority accommodation

Written statements and admissions

Reasonable force

Live links: interpretation

Form of documents

Orders in Council

Costs where extradition ordered

Costs where discharge ordered: supplementary

Extradition offences: person sentenced for offence

Search and seizure warrants

Production orders

Delivery of seized property

Non-UK extradition: transit through the United Kingdom

189A

(1) The relevant UK authority may issue a transit certificate in relation to the non-UK extradition of a person if that authority has been requested to facilitate the transit of the person through the United Kingdom for the purposes of the extradition.

(2) If the relevant UK authority issues a transit certificate in relation to the non-UK extradition of a person, an authorised officer may do any or all of the following—

(a) escort the person from, or to, any means of transport used for the purposes of the extradition;

(b) take the person into custody to facilitate the transit of the person through the United Kingdom for the purposes of the extradition;

(c) search the person, and any item in the possession of the person, for any item which the person might use to cause physical injury to that person or any other person;

(d) in a case where the person has been taken into custody under paragraph (b), search the person, and any item in the possession of the person, for any item which the person might use to escape from custody.

(3) An authorised officer searching a person in the exercise of a power conferred by subsection (2)(c) or (d) may seize any item found if the officer has reasonable grounds for believing that the person searched might use the item—

(a) to cause physical injury to that person or any other person; or

(b) in a case where the person has been taken into custody, to escape from custody.

(4) If no request is made under subsection (1) in relation to the non-UK extradition of a person, or if such a request is made but a transit certificate is not issued, that does not—

(a) prevent the transit of the person through the United Kingdom for the purposes of the extradition; or

(b) affect the powers which an authorised officer has (otherwise than under this section) in relation to the person while in the United Kingdom.

189B

(1) This section applies in a case where—

(a) a person is being extradited,

(b) the extradition is a non-UK extradition, and

(2) An authorised officer may do any or all of the following—

(a) take the person into custody to facilitate the transit of the person through the United Kingdom for the purposes of the extradition;

(b) search the person, and any item in the possession of the person, for any item which the person might use to cause physical injury to that person or any other person;

(c) in a case where the person has been taken into custody under paragraph (a), search the person, and any item in the possession of the person, for any item which the person might use to escape from custody.

(3) Any power conferred by subsection (2) may be exercised—

(a) upon the unscheduled arrival, or

(b) at any later time when the person is still in the United Kingdom after the unscheduled arrival.

(4) A person taken into custody under this section may be kept in custody until the expiry of the period of 72 hours beginning with the time when the person is taken (or first taken) into custody under this section.

(5) But if a transit certificate is issued under section 189A in respect of the non-UK extradition of the person, the person must not be kept in custody under this section after the issue of the certificate.

(6) Subsection (5) does not prevent the person from being taken into custody under section 189A.

(7) An authorised officer searching a person in the exercise of a power conferred by subsection (2)(b) or (c) may seize any item found if the officer has reasonable grounds for believing that the person searched might use the item—

(a) to cause physical injury to that person or any other person; or

(b) in a case where the person has been taken into custody, to escape from custody.

189C

(1) The extradition transit powers include power to use reasonable force when necessary.

(2) An authorised officer may not, when exercising a relevant search power, require a person to remove any clothing other than an outer coat, jacket, headgear or gloves.

(3) Any item seized from a person in the exercise of a relevant search power may be retained while the person is in transit through the United Kingdom.

189D

(1) The Secretary of State must issue a code of practice in connection with—

(a) the exercise of extradition transit powers;

(b) the retention, use and return of anything seized under a relevant search power.

(2) If the Secretary of State proposes to issue a code of practice under this section the Secretary of State must—

(a) publish a draft of the code;

(b) consider any representations made to the Secretary of State about the draft;

(3) The Secretary of State must lay the code before Parliament.

(4) After doing so the Secretary of State may bring the code into operation by order.

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Extradition Act 2003

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Case where person has been convicted

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Powers of Supreme Court on appeal under section 114

Detention pending conclusion of appeal under section 28: Scotland

30A

Questioning of prosecutor's certificate

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33B

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36A

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Person serving sentence in United Kingdom before extradition hearing

Case where person has been convicted

107A

Arrest warrant following extradition request

112A

115B

Person arrested under section 71

118A

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Human rights

135A

135B

Persons serving sentences outside territory where convicted

Scottish devolution issue: remand in custody or on bail

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

Consent to extradition before case sent to Secretary of State

Return to extraditing territory to serve sentence

Search and seizure warrants

Detention pending conclusion of appeal under section 110: Scotland

Detention pending conclusion of appeal under section 110: Scotland

Appropriate amount: England and Wales

Consent to extradition before case sent to Secretary of State

Withdrawal of request before end of extradition hearing

Northern Ireland DPP and Crown Solicitor: role in extradition proceedings

Appropriate amount: England and Wales

Costs where extradition ordered

Custody

Bail: Scotland

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Extradition offences: person sentenced for offence

The appropriate judge

Persons serving sentences outside territory where convicted

Rules of court

Extradition offences: person not sentenced for offence

Existing legislation on extradition

Finance

19C

19D

19E

19F

83B

83C

83D

83E

Detention pending conclusion of appeal under section 105: Scotland

Person arrested under section 71

Powers of Supreme Court on appeal under section 114

Extradition where no appeal

Human rights

Human rights

Death penalty

Persons serving sentences outside territory where convicted

The appropriate judge

Issue of Part 3 warrant

Undertaking in relation to person serving sentence

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