Change 1 Article Choose an article Title and introductory text 1 Extradition to category 1 territories 2 Part 1 warrant and certificate 3 Arrest under certified Part 1 warrant 4 Person arrested under Part 1 warrant 5 Provisional arrest 6 Person arrested under section 5 7 Identity of person arrested 8 Remand etc. 8A Person charged with offence in United Kingdom before extradition hearing 8B Person serving sentence in United Kingdom before extradition hearing 9 Judge’s powers at extradition hearing 10 Initial stage of extradition hearing 11 Bars to extradition 12 Rule against double jeopardy 12A Absence of prosecution decision 13 Extraneous considerations 14 Passage of time 15 Age 16 Hostage-taking considerations 17 Speciality 18 Earlier extradition to United Kingdom from category 1 territory 19 Earlier extradition to United Kingdom from non-category 1 territory 19A Earlier transfer to United Kingdom by International Criminal Court 19B Forum 19C Effect of prosecutor's certificates on forum proceedings 19D Prosecutor's certificates 19E Questioning of prosecutor's certificate 19F Interpretation of sections 19B to 19E 20 Case where person has been convicted 21 Person unlawfully at large: human rights 21A Person not convicted: human rights and proportionality 21B Request for temporary transfer etc 22 Person charged with offence in United Kingdom 23 Person serving sentence in United Kingdom 24 Extradition request 25 Physical or mental condition 26 Appeal against extradition order 27 Court’s powers on appeal under section 26 28 Appeal against discharge at extradition hearing 29 Court’s powers on appeal under section 28 30 Detention pending conclusion of appeal under section 28 30A Detention pending conclusion of appeal under section 28: Scotland 31 Appeal to High Court: time limit for start of hearing 32 Appeal to Supreme Court 33 Powers of Supreme Court on appeal under section 32 33ZA Scottish devolution issue: remand in custody or on bail 33A Detention pending conclusion of certain appeals under section 32 33B Detention pending conclusion of appeals relating to devolution issues 34 Appeals: general 35 Extradition where no appeal 36 Extradition following appeal 36A Extradition following appeal: Scotland 36B Judge informed after extradition hearing that person is charged with offence in United Kingdom 36C Judge informed after extradition hearing that person is serving sentence in United Kingdom 37 Undertaking in relation to person serving sentence in United Kingdom 38 Extradition following deferral for competing claim 39 Asylum claim 40 Certificate in respect of asylum claimant 41 Withdrawal of warrant before extradition 42 Withdrawal of warrant whileapplication or appeal to High Court pending 43 Withdrawal of warrant while appeal to Supreme Court pending 44 Competing Part 1 warrants 45 Consent to extradition 46 Extradition order following consent 47 Extradition to category 1 territory following consent 48 Other warrant issued following consent 49 Other warrant issued: extradition to category 1 territory 50 Other warrant issued: proceedings deferred 51 Extradition request following consent 52 Undertaking in relation to person serving sentence 53 Extradition following deferral for competing claim 54 Request for consent to other offence being dealt with 55 Questions for decision at consent hearing 56 Request for consent to further extradition to category 1 territory 57 Questions for decision at consent hearing 58 Consent to further extradition to category 2 territory 59 Return of person to serve remainder of sentence 60 Costs where extradition ordered 61 Costs where discharge ordered 62 Costs where discharge ordered: supplementary 62A Appropriate amount: England and Wales 62B Legal costs: England and Wales 63 Persons serving sentences outside territory where convicted 64 Extradition offences: person not sentenced for offence 65 Extradition offences: person sentenced for offence 66 Extradition offences: supplementary 67 The appropriate judge 68 The extradition hearing 68A Unlawfully at large 69 Extradition to category 2 territories 70 Extradition request and certificate 71 Arrest warrant following extradition request 72 Person arrested under section 71 73 Provisional warrant 74 Person arrested under provisional warrant 74A Provisional arrest where certificate issued under section 74B 74B Certificates enabling provisional arrest under section 74A 74C Section 74B supplementary: valid requests for arrest 74D Person provisionally arrested under section 74A 74E Person provisionally arrested under section 74A: next steps 75 Date of extradition hearing: arrest under section 71 76 Date of extradition hearing: arrest under provisional warrant or under section 74A 76A Person charged with offence in United Kingdom before extradition hearing 76B Person serving sentence in United Kingdom before extradition hearing 77 Judge’s powers at extradition hearing 78 Initial stages of extradition hearing 79 Bars to extradition 80 Rule against double jeopardy 81 Extraneous considerations 82 Passage of time 83 Hostage-taking considerations 83A Forum 83B Effect of prosecutor's certificates on forum proceedings 83C Prosecutor's certificates 83D Questioning of prosecutor's certificate 83E Interpretation of sections 83A to 83D 84 Case where person has not been convicted 85 Case where person has been convicted 86 Conviction in person’s absence 87 Human rights 88 Person charged with offence in United Kingdom 89 Person serving sentence in United Kingdom 90 Competing extradition claim 91 Physical or mental condition 92 Case sent to Secretary of State 93 Secretary of State’s consideration of case 94 Death penalty 95 Speciality 96 Earlier extradition to United Kingdom from other territory 96A Earlier transfer to United Kingdom by International Criminal Court 97 Deferral: person charged with offence in United Kingdom 98 Deferral: person serving sentence in United Kingdom 99 Time limit for order for extradition or discharge 100 Information 101 Making of order for extradition or discharge 102 The appropriate day 103 Appeal where case sent to Secretary of State 104 Court’s powers on appeal under section 103 105 Appeal against discharge at extradition hearing 106 Court’s powers on appeal under section 105 107 Detention pending conclusion of appeal under section 105 107A Detention pending conclusion of appeal under section 105: Scotland 108 Appeal against extradition order 109 Court’s powers on appeal under section 108 110 Appeal against discharge by Secretary of State 111 Court’s powers on appeal under section 110 112 Detention pending conclusion of appeal under section 110 112A Detention pending conclusion of appeal under section 110: Scotland 113 Appeal to High Court: time limit for start of hearing 114 Appeal to Supreme Court 115 Powers of Supreme Court on appeal under section 114 115A Detention pending conclusion of certain appeals under section 114 115B Detention pending conclusion of appeals relating to devolution issues 116 Appeals: general 117 Extradition where no appeal 118 Extradition following appeal 118A Extradition following appeal: Scotland 118B Scottish devolution issue: remand in custody or on bail 118C Judge informed after extradition order that person is charged with offence in United Kingdom 118D Judge informed after extradition order that person is serving sentence in United Kingdom 119 Undertaking in relation to person serving sentence in United Kingdom 120 Extradition following deferral for competing claim 121 Asylum claim 122 Withdrawal of request before end of extradition hearing 123 Withdrawal of request after case sent to Secretary of State 124 Withdrawal of request whileapplication or appeal to High Court pending 125 Withdrawal of request while appeal to Supreme Court pending 126 Competing extradition requests 127 Consent to extradition: general 128 Consent to extradition before case sent to Secretary of State 129 Consent to other offence being dealt with 130 Consent to further extradition to category 2 territory 131 Consent to further extradition to category 1 territory 132 Return of person to serve remainder of sentence 133 Costs where extradition ordered 134 Costs where discharge ordered 135 Costs where discharge ordered: supplementary 135A Appropriate amount: England and Wales 135B Legal costs: England and Wales 136 Persons serving sentences outside territory where convicted 137 Extradition offences: person not sentenced for offence 138 Extradition offences: person sentenced for offence 139 The appropriate judge 140 The extradition hearing 140A Unlawfully at large 141 Scotland: references to Secretary of State 142 Issue of Part 3 warrant 143 Undertaking in relation to person serving sentence 144 Return to extraditing territory to serve sentence 145 Service of sentence in territory executing Part 3 warrant 146 Dealing with person for other offences 147 Effect of consent to extradition to the United Kingdom 148 Extradition offences 149 The appropriate judge 150 Dealing with person for other offences: Commonwealth countries etc. 151 Dealing with person for other offences: other category 2 territories 151A Dealing with person for other offences 151B Detention of person for trial in England and Wales for other offences 152 Remission of punishment for other offences 153 Return of person acquitted or not tried 153A Undertaking in relation to person serving sentence 153B Return of person in pursuance of undertaking 153C Return to extraditing territory to serve sentence 153D Sections 153A and 153C etc : supplementary 154 Restriction on bail where undertaking given by Secretary of State 155 Service personnel 155A Category 1 territories not applying Trade and Cooperation Agreement to old cases 156 Search and seizure warrants 157 Production orders 158 Requirements for making of production order 159 Computer information 160 Warrants: special procedure material and excluded material 161 Entry and search of premises for purposes of arrest 162 Entry and search of premises on arrest 163 Search of person on arrest 164 Entry and search of premises after arrest 165 Additional seizure powers 166 Fingerprints and samples 167 Searches and examination 168 Photographs 169 Evidence of identity: England and Wales 170 Evidence of identity: Northern Ireland 171 Other treatment and rights 172 Delivery of seized property 173 Codes of practice 174 Interpretation 175 Customs officers 176 Service policemen 177 Extradition from British overseas territories 178 Extradition to British overseas territories 179 Competing claims to extradition 180 Proceedings on deferred warrant or request 181 Proceedings where extradition deferred 182 Legal advice, assistance and representation: England and Wales 183 Legal aid: Scotland 184 Grant of free legal aid: Northern Ireland 185 Free legal aid: supplementary 186 Re-extradition: preliminary 187 Re-extradition hearing 188 Re-extradition to category 1 territories 189 Re-extradition to category 2 territories 189A Facilitating transit through the United Kingdom 189B Unscheduled arrival in the United Kingdom 189C Exercise of the extradition transit powers 189D Codes of practice 189E Sections 189A to 189D: interpretation 190 Crown Prosecution Service: role in extradition proceedings 191 Lord Advocate: role in extradition proceedings 192 Northern Ireland DPP and Crown Solicitor: role in extradition proceedings 193 Parties to international Conventions 194 Special extradition arrangements 195 Human rights: appropriate tribunal 196 Genocide, crimes against humanity and war crimes 197 Custody 197A Extradition of serving prisoner 198 Bail: England and Wales 199 Bail: Scotland 200 Appeal against grant of bail 201 Remand to local authority accommodation 202 Receivable documents 203 Documents sent by facsimile 204 Warrant issued by category 1 territory: transmission by other electronic means 205 Written statements and admissions 206 Burden and standard of proof 206A Use of live links at ... hearings 206B Live links: supplementary 206C Live links: interpretation 207 Extradition for more than one offence 208 National security 209 Reasonable force 210 Rules of court 211 Service of notices 212 Article 95 alerts: transitional provision 213 Disposal of Part 1 warrant and extradition request 214 Disposal of charge 215 Trade and Cooperation Agreement list 216 Other interpretative provisions 217 Form of documents 218 Existing legislation on extradition 219 Amendments 220 Repeals 221 Commencement 222 Channel Islands and Isle of Man 223 Orders and regulations 224 Orders in Council 225 Finance 226 Extent 227 Short title SCHEDULE A1 Specified category 2 territories SCHEDULE 1 Re-extradition: modifications SCHEDULE 2 Trade and Cooperation Agreement list SCHEDULE 3 Amendments SCHEDULE 4 Repeals
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As published
81 Extraneous considerations
A person’s extradition to a category 2 territory is barred by reason of extraneous considerations if (and only if) it appears that—
(a) the request for his extradition (though purporting to be made on account of the extradition offence) is in fact made for the purpose of prosecuting or punishing him on account of his race, religion, nationality, gender, sexual orientation or political opinions, or
(b) if extradited he might be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality, gender, sexual orientation or political opinions.
Your wording
Your change, as a redline
81 Extraneous considerations
A person’s extradition to a category 2 territory is barred by reason of extraneous considerations if (and only if) it appears that—
(a) the request for his extradition (though purporting to be made on account of the extradition offence) is in fact made for the purpose of prosecuting or punishing him on account of his race, religion, nationality, gender, sexual orientation or political opinions, or
(b) if extradited he might be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality, gender, sexual orientation or political opinions.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.