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In force since 2026-09-29, as the publisher states.
Copy read on 2026-11-08. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) In Northern Ireland, section 7 of the Costs in Criminal Cases Act (Northern Ireland) 1968 (c. 10) (rules relating to costs) applies in relation to section 61 as that section applies in relation to sections 2 to 5 of that Act.
Propose a change(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.
Propose a change(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.
Propose a change(1) This section applies if an arrest warrant is issued in respect of a person by an authority of a category 1 territory and the warrant contains the statement referred to in subsection (2). (2) The statement is one that— (a) the person is alleged to be unlawfully at large from a prison in one territory (the imprisoning territory) in which he was serving a sentence after conviction of an offence specified in the warrant by a court in another territory (the convicting territory), and (b) the person was serving the sentence in pursuance of international arrangements for prisoners sentenced in one territory to be repatriated to another territory in order to serve their sentence, and (c) the warrant is issued with a view to his arrest and extradition to the category 1 territory for the purpose of serving a sentence or another form of detention imposed in respect of the offence. (3) If the category 1 territory is either the imprisoning territory or the convicting territory, section 2(2)(b) has effect as if the reference to the statement referred to in subsection (5) of that section were a reference to the statement referred to in subsection (2) of this section. (4) If the category 1 territory is the imprisoning territory— (a) section 2(6)(e) has effect as if “the category 1 territory” read “ the convicting territory ”; (b) section 10(2) has effect as if “an extradition offence” read “ an extradition offence in relation to the convicting territory ”; (c) section 20(5) has effect as if after “entitled” there were inserted “ in the convicting territory ”; (d) section 37(5) has effect as if “a category 1 territory” read “ the convicting territory ” and as if “the category 1 territory” in both places read “ the convicting territory ”; (e) section 52(4) has effect as if “a category 1 territory” read “ the convicting territory ” and as if “the category 1 territory” in both places read “ the convicting territory ”; (f) section 65(1) has effect as if “a category 1 territory” read “ the convicting territory ”; (g) section 65(2) has effect as if “the category 1 territory” in the opening words and paragraphs (a) and (c) read “ the convicting territory ” and as if “the category 1 territory” in paragraph (b) read “ the imprisoning territory ”; (h) in section 65, subsections (3), (4), (5), (6) and (8) have effect as if “the category 1 territory” in each place read “ the convicting territory ”.
Propose a change(1) This section sets out whether a person's conduct constitutes an “ extradition offence ” for the purposes of this Part in a case where the person— (a) is accused in a category 1 territory of an offence constituted by the conduct, or (b) has been convicted in that territory of an offence constituted by the conduct but not sentenced for it. (2) The conduct constitutes an extradition offence in relation to the category 1 territory if the conditions in subsection (3) or (4) are satisfied. (3) The conditions in this subsection are that— (a) the conduct occurs in the category 1 territory; (b) the conduct would constitute an offence under the law of the relevant part of the United Kingdom if it occurred in that part of the United Kingdom; (c) the conduct is punishable under the law of the category 1 territory with imprisonment or another form of detention for a term of 12 months or a greater punishment. (4) The conditions in this subsection are that— (a) the conduct occurs outside the category 1 territory; (b) in corresponding circumstances equivalent conduct would constitute an extra-territorial offence under the law of the relevant part of the United Kingdom; (c) the conduct is punishable under the law of the category 1 territory with imprisonment or another form of detention for a term of 12 months or a greater punishment. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) For the purposes of subsections (3)(b) and (4)(b)— (a) if the conduct relates to a tax or duty, it does not matter whether the law of the relevant part of the United Kingdom imposes the same kind of tax or duty or contains rules of the same kind as those of the law of the category 1 territory; (b) if the conduct relates to customs or exchange, it does not matter whether the law of the relevant part of the United Kingdom contains rules of the same kind as those of the law of the category 1 territory.
Propose a change(1) This section sets out whether a person's conduct constitutes an “extradition offence” for the purposes of this Part in a case where the person— (a) has been convicted in a category 1 territory of an offence constituted by the conduct, and (b) has been sentenced for the offence. (2) The conduct constitutes an extradition offence in relation to the category 1 territory if the conditions in subsection (3) or (4) are satisfied. (3) The conditions in this subsection are that— (a) the conduct occurs in the category 1 territory; (b) the conduct would constitute an offence under the law of the relevant part of the United Kingdom if it occurred in that part of the United Kingdom; (c) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 1 territory in respect of the conduct. (4) The conditions in this subsection are that— (a) the conduct occurs outside the category 1 territory; (b) in corresponding circumstances equivalent conduct would constitute an extra-territorial offence under the law of the relevant part of the United Kingdom; (c) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 1 territory in respect of the conduct. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) For the purposes of subsections (3)(b) and (4)(b)— (a) if the conduct relates to a tax or duty, it does not matter whether the law of the relevant part of the United Kingdom imposes the same kind of tax or duty or contains rules of the same kind as those of the law of the category 1 territory; (b) if the conduct relates to customs or exchange, it does not matter whether the law of the relevant part of the United Kingdom contains rules of the same kind as those of the law of the category 1 territory.
Propose a change(1) Subsections (1A) to (4) apply for the purposes of sections 64 and 65. (1A) References to “conduct” (except in the expression “ equivalent conduct ”) are to the conduct specified in the Part 1 warrant. (2) An appropriate authority of a category 1 territory is a judicial authority of the territory which the appropriate judge believes has the function of issuing arrest warrants in that territory. (3) The law of a territory is the general criminal law of the territory. (4) The relevant part of the United Kingdom is the part of the United Kingdom in which the relevant proceedings are taking place. (5) The relevant proceedings are the proceedings in which it is necessary to decide whether conduct constitutes an extradition offence.
Propose a change(1) The appropriate judge is— (a) in England and Wales, a District Judge (Magistrates' Courts) designated for the purposes of this Part by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor; (b) in Scotland, the sheriff of Lothian and Borders; (c) in Northern Ireland, such county court judge or resident magistrate as is designated for the purposes of this Part by the Lord Chief Justice of Northern Ireland after consulting the Department of Justice in Northern Ireland. (2) A designation under subsection (1) may be made for all cases or for such cases (or cases of such description) as the designation stipulates. (3) More than one designation may be made under subsection (1). (3A) The use of the expression “the judge” in a section containing a previous reference to “the appropriate judge” or “the judge” does not in itself require both references to be read as referring to the same individual. (4) This section applies for the purposes of this Part. (5) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1)(a). (6) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (1)(c)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).
Propose a change(1) The extradition hearing is the hearing at which the appropriate judge is to decide whether a person in respect of whom a Part 1 warrant was issued is to be extradited to the category 1 territory in which it was issued. (2) This section applies for the purposes of this Part.
Propose a change(1) A person is alleged to be unlawfully at large after conviction of an offence if— (a) he is alleged to have been convicted of it, and (b) his extradition is sought for the purpose of his being sentenced for the offence or of his serving a sentence of imprisonment or another form of detention imposed in respect of the offence. (2) This section applies for the purposes of this Part, other than sections 14 and 63.
Propose a change(1) This Part deals with extradition from the United Kingdom to the territories designated for the purposes of this Part by order made by the Secretary of State. (2) In this Act references to category 2 territories are to the territories designated for the purposes of this Part.
Propose a change(1) The Secretary of State must (subject to subsection (2)) issue a certificate under this section if he receives a valid request for the extradition of a person to a category 2 territory. (2) The Secretary of State may refuse to issue a certificate under this section if— (a) he has power under section 126 to order that proceedings on the request be deferred, (b) the person whose extradition is requested has been recorded by the Secretary of State as a refugee within the meaning of the Refugee Convention, or (c) the person whose extradition is requested has been granted leave to enter or remain in the United Kingdom on the ground that it would be a breach of Article 2 or 3 of the Human Rights Convention to remove him to the territory to which extradition is requested. (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) A request for a person’s extradition is valid if— (a) it contains the statement referred to in subsection (4) or the statement referred to in subsection (4A), and (b) it is made in the approved way. (4) The statement is one that— (a) the person is accused in the category 2 territory of the commission of an offence specified in the request, and (b) the request is made with a view to his arrest and extradition to the category 2 territory for the purpose of being prosecuted for the offence. (4A) The statement is one that— (a) the person has been convicted of an offence specified in the request by a court in the category 2 territory, and (b) the request is made with a view to his arrest and extradition to the category 2 territory for the purpose of being sentenced for the offence or of serving a sentence of imprisonment or another form of detention imposed in respect of the offence. (5) A request for extradition to a category 2 territory which is a British overseas territory is made in the approved way if it is made by or on behalf of the person administering the territory. (6) A request for extradition to a category 2 territory which is the Hong Kong Special Administrative Region of the People’s Republic of China is made in the approved way if it is made by or on behalf of the government of the Region. (7) A request for extradition to any other category 2 territory is made in the approved way if it is made— (a) by an authority of the territory which the Secretary of State believes has the function of making requests for extradition in that territory, or (b) by a person recognised by the Secretary of State as a diplomatic or consular representative of the territory. (8) A certificate under this section must (a) certify that the request is made in the approved way, and (b) identify the order by which the territory in question is designated as a category 2 territory. (9) If a certificate is issued under this section the Secretary of State must send the request and the certificate to the appropriate judge (10) Subsection (11) applies at all times after the Secretary of State issues a certificate under this section. (11) The Secretary of State is not to consider whether the extradition would be compatible with the Convention rights within the meaning of the Human Rights Act 1998.
Propose a change(1) This section applies if the Secretary of State sends documents to the appropriate judge under section 70. (2) The judge may issue a warrant for the arrest of the person whose extradition is requested if the judge has reasonable grounds for believing that— (a) the offence in respect of which extradition is requested is an extradition offence, and (b) there is evidence falling within subsection (3). (3) The evidence is— (a) evidence that would justify the issue of a warrant for the arrest of a person accused of the offence within the judge’s jurisdiction, if the person whose extradition is requested is accused of the commission of the offence; (b) evidence that would justify the issue of a warrant for the arrest of a person unlawfully at large after conviction of the offence within the judge’s jurisdiction, if the person whose extradition is requested is alleged to be unlawfully at large after conviction of the offence. (4) But if the category 2 territory to which extradition is requested is designated for the purposes of this section by order made by the Secretary of State, subsections (2) and (3) have effect as if “evidence” read “ information ”. (5) A warrant issued under this section may— (a) be executed by any person to whom it is directed or by any constable or customs officer; (b) be executed even if neither the warrant nor a copy of it is in the possession of the person executing it at the time of the arrest. (6) If a warrant issued under this section— (a) is directed to a service policeman, and (b) is in respect of a person subject to service law or a civilian subject to service discipline, it may be executed anywhere. (7) In any other case, a warrant issued under this section may be executed in any part of the United Kingdom. (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) This section applies if a person is arrested under a warrant issued under section 71. (2) A copy of the warrant must be given to the person as soon as practicable after his arrest. (3) The person must be brought as soon as practicable before the appropriate judge. (4) But subsection (3) does not apply if— (a) the person is granted bail by a constable following his arrest, or (b) the Secretary of State decides under section 126 that the request for the person’s extradition is not to be proceeded with. (5) If subsection (2) is not complied with and the person applies to the judge to be discharged, the judge may order his discharge. (6) If subsection (3) is not complied with and the person applies to the judge to be discharged, the judge must order his discharge. (7) When the person first appears or is brought before the appropriate judge, the judge must— (a) inform him of the contents of the request for his extradition; (b) give him the required information about consent; (c) remand him in custody or on bail. (8) The required information about consent is— (a) that the person may consent to his extradition to the category 2 territory to which his extradition is requested; (b) an explanation of the effect of consent and the procedure that will apply if he gives consent; (c) that consent must be given in writing and is irrevocable. (9) If the person is remanded in custody, the appropriate judge may later grant bail. (10) Subsection (4)(a) applies to Scotland with the omission of the words “by a constable”.
Propose a change(1) This section applies if a justice of the peace is satisfied on information in writing and on oath that a person within subsection (2)— (a) is or is believed to be in the United Kingdom, or (b) is or is believed to be on his way to the United Kingdom. (2) A person is within this subsection if— (a) he is accused in a category 2 territory of the commission of an offence, or (b) he is alleged to be unlawfully at large after conviction of an offence by a court in a category 2 territory. (3) The justice may issue a warrant for the arrest of the person (a provisional warrant) if he has reasonable grounds for believing that— (a) the offence of which the person is accused or has been convicted is an extradition offence, and (b) there is written evidence falling within subsection (4). (4) The evidence is— (a) evidence that would justify the issue of a warrant for the arrest of a person accused of the offence within the justice’s jurisdiction, if the person in respect of whom the warrant is sought is accused of the commission of the offence; (b) evidence that would justify the issue of a warrant for the arrest of a person unlawfully at large after conviction of the offence within the justice’s jurisdiction, if the person in respect of whom the warrant is sought is alleged to be unlawfully at large after conviction of the offence. (5) But if the category 2 territory is designated for the purposes of this section by order made by the Secretary of State, subsections (3) and (4) have effect as if “evidence” read “ information ”. (6) A provisional warrant may— (a) be executed by any person to whom it is directed or by any constable or customs officer; (b) be executed even if neither the warrant nor a copy of it is in the possession of the person executing it at the time of the arrest. (7) If a warrant issued under this section— (a) is directed to a service policeman, and (b) is in respect of a person subject to service law or a civilian subject to service discipline, it may be executed anywhere. (8) In any other case, a warrant issued under this section may be executed in any part of the United Kingdom. (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (10) The preceding provisions of this section apply to Scotland with these modifications— (a) in subsection (1) for “justice of the peace is satisfied on information in writing and on oath” substitute “ sheriff is satisfied, on an application by a procurator fiscal, ”; (b) in subsection (3) for “justice” substitute “ sheriff ”; (c) in subsection (4) for “justice's”, in paragraphs (a) and (b), substitute “ sheriff's ”. (11) Subsection (1) applies to Northern Ireland with the substitution of “a complaint” for “ information ”.
Propose a change(1) This section applies if a person is arrested under a provisional warrant. (2) A copy of the warrant must be given to the person as soon as practicable after his arrest. (3) The person must be brought as soon as practicable before the appropriate judge. (4) But subsection (3) does not apply if— (a) the person is granted bail by a constable following his arrest, or (b) in a case where the Secretary of State has received a valid request for the person’s extradition, the Secretary of State decides under section 126 that the request is not to be proceeded with. (5) If subsection (2) is not complied with and the person applies to the judge to be discharged, the judge may order his discharge. (6) If subsection (3) is not complied with and the person applies to the judge to be discharged, the judge must order his discharge. (7) When the person first appears or is brought before the appropriate judge, the judge must— (a) inform him that he is accused of the commission of an offence in a category 2 territory or that he is alleged to be unlawfully at large after conviction of an offence by a court in a category 2 territory; (b) give him the required information about consent; (c) remand him in custody or on bail. (8) The required information about consent is— (a) that the person may consent to his extradition to the category 2 territory in which he is accused of the commission of an offence or is alleged to have been convicted of an offence; (b) an explanation of the effect of consent and the procedure that will apply if he gives consent; (c) that consent must be given in writing and is irrevocable. (9) If the person is remanded in custody, the appropriate judge may later grant bail. (10) The judge must order the person’s discharge if the documents referred to in section 70(9) are not received by the judge within the required period. (11) The required period is— (a) 45 days starting with the day on which the person was arrested, or (b) if the category 2 territory is designated by order made by the Secretary of State for the purposes of this section, any longer period permitted by the order. (12) Subsection (4)(a) applies to Scotland with the omission of the words “by a constable”.
Propose a change(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.
Propose a change(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, (c) certify that the request is a valid request, (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), (c) a reference to the request for the person's extradition were a reference to the request for the person's arrest, (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.
Propose a change(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.
Propose a change(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.
Propose a change(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 (c) remand the person in custody or on bail. (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; (c) that consent must be given in writing and is irrevocable. (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).
Propose a change(1) When a person arrested under a warrant issued under section 71 first appears or is brought before the appropriate judge, the judge must fix a date on which the extradition hearing is to begin. (2) The date fixed under subsection (1) must not be later than the end of the permitted period, which is 2 months starting with the date on which the person first appears or is brought before the judge. (3) If before the date fixed under subsection (1) (or this subsection) a party to the proceedings applies to the judge for a later date to be fixed and the judge believes it to be in the interests of justice to do so, he may fix a later date; and this subsection may apply more than once. (4) If the extradition hearing does not begin on or before the date fixed under this section and the person applies to the judge to be discharged, the judge must order his discharge.
Propose a change(1) Subsection (2) applies if— (a) a person is arrested under a provisional warrant or under section 74A, and (b) the documents referred to in section 70(9) are received by the appropriate judge within the period required under section 74(10) or 74E(4). (2) The judge must fix a date on which the extradition hearing is to begin. (3) The date fixed under subsection (2) must not be later than the end of the permitted period, which is 2 months starting with the date on which the judge receives the documents. (4) If before the date fixed under subsection (2) (or this subsection) a party to the proceedings applies to the judge for a later date to be fixed and the judge believes it to be in the interests of justice to do so, he may fix a later date; and this subsection may apply more than once. (5) If the extradition hearing does not begin on or before the date fixed under this section and the person applies to the judge to be discharged, the judge must order his discharge.
Propose a change(1) This section applies if— (a) a person has been brought before the appropriate judge under section 72(3) , 74(3) or 74A(3) but the extradition hearing has not begun; and (b) the judge is informed that the person is charged with an offence in the United Kingdom. (2) The judge must order further proceedings in respect of the extradition to be adjourned until one of these occurs— (a) the charge is disposed of; (b) the charge is withdrawn; (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 judge may order further proceedings in respect of the extradition to be adjourned until the person is released from detention pursuant to the sentence (whether on licence or otherwise).
Propose a change(1) This section applies if— (a) a person has been brought before the appropriate judge under section 72(3) , 74(3) or 74A(3) but the extradition hearing has not begun; and (b) the judge is informed that the person is in custody serving a sentence of imprisonment or another form of detention in the United Kingdom. (2) The judge may order further proceedings in respect of the extradition to be adjourned until the person is released from detention pursuant to the sentence (whether on licence or otherwise). (3) In a case where further proceedings in respect of the extradition are adjourned under subsection (2)— (a) section 131 of the Magistrates' Courts Act 1980 (remand of accused already in custody) has effect as if a reference to 28 clear days in subsection (1) or (2) of that section were a reference to six months; (b) Article 47(2) of the Magistrates' Courts (Northern Ireland) Order 1981 (period of remand in custody) has effect as if a reference to 28 days in— (i) sub-paragraph (a)(iii), or (ii) the words after sub-paragraph (b), were a reference to six months.
Propose a change(1) In England and Wales, at the extradition hearing the appropriate judge has the same powers (as nearly as may be) as a magistrates' court would have if the proceedings were the summary trial of an information against the person whose extradition is requested. (2) In Scotland— (a) at the extradition hearing the appropriate judge has the same powers (as nearly as may be) as if the proceedings were summary proceedings in respect of an offence alleged to have been committed by the person whose extradition is requested; but (b) in his making any decision under section 78(4)(a) evidence from a single source shall be sufficient. (3) In Northern Ireland, at the extradition hearing the appropriate judge has the same powers (as nearly as may be) as a magistrates' court would have if the proceedings were the hearing and determination of a complaint against the person whose extradition is requested. (4) If the judge adjourns the extradition hearing he must remand the person in custody or on bail. (5) If the person is remanded in custody, the appropriate judge may later grant bail.
Propose a change(1) This section applies if a person alleged to be the person whose extradition is requested appears or is brought before the appropriate judge for the extradition hearing. (2) The judge must decide whether the documents sent to him by the Secretary of State consist of (or include)— (a) the documents referred to in section 70(9); (b) particulars of the person whose extradition is requested; (c) particulars of the offence specified in the request; (d) in the case of a person accused of an offence, a warrant for his arrest issued in the category 2 territory; (e) in the case of a person alleged to be unlawfully at large after conviction of an offence, a certificate issued in the category 2 territory of the conviction and (if he has been sentenced) of the sentence. (3) If the judge decides the question in subsection (2) in the negative he must order the person’s discharge. (4) If the judge decides that question in the affirmative he must decide whether— (a) the person appearing or brought before him is the person whose extradition is requested; (b) the offence specified in the request is an extradition offence; (c) copies of the documents sent to the judge by the Secretary of State have been served on the person. (5) The judge must decide the question in subsection (4)(a) on a balance of probabilities. (6) If the judge decides any of the questions in subsection (4) in the negative he must order the person’s discharge. (7) If the judge decides those questions in the affirmative he must proceed under section 79. (8) The reference in subsection (2)(d) to a warrant for a person’s arrest includes a reference to a judicial document authorising his arrest.
Propose a change(1) If the judge is required to proceed under this section he must decide whether the person’s extradition to the category 2 territory is barred by reason of— (a) the rule against double jeopardy; (b) extraneous considerations; (c) the passage of time; (d) hostage-taking considerations. (e) forum. (1A) But the judge is to decide whether the person's extradition is barred by reason of forum only in a case where the request for extradition contains the statement referred to in section 70(4) (warrant issued for purposes of prosecution for offence in category 2 territory). (2) Sections 80 to 83E apply for the interpretation of subsection (1). (3) If the judge decides any of the questions in subsection (1) in the affirmative he must order the person’s discharge. (4) If the judge decides those questions in the negative and the person is accused of the commission of the extradition offence but is not alleged to be unlawfully at large after conviction of it, the judge must proceed under section 84. (5) If the judge decides those questions in the negative and the person is alleged to be unlawfully at large after conviction of the extradition offence, the judge must proceed under section 85.
Propose a changeA person’s extradition to a category 2 territory is barred by reason of the rule against double jeopardy if (and only if) it appears that he would be entitled to be discharged under any rule of law relating to previous acquittal or conviction if he were charged with the extradition offence in the part of the United Kingdom where the judge exercises his jurisdiction.
Propose a changeA 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.
Propose a changeA person’s extradition to a category 2 territory is barred by reason of the passage of time if (and only if) it appears that it would be unjust or oppressive to extradite him by reason of the passage of time since he is alleged to have— (a) committed the extradition offence (where he is accused of its commission), or (b) become unlawfully at large (where he is alleged to have been convicted of it) .
Propose a change(1) A person’s extradition to a category 2 territory is barred by reason of hostage-taking considerations if (and only if) the territory is a party to the Hostage-taking Convention and it appears that— (a) if extradited he might be prejudiced at his trial because communication between him and the appropriate authorities would not be possible, and (b) the act or omission constituting the extradition offence also constitutes an offence under section 1 of the Taking of Hostages Act 1982 (c. 28) or an attempt to commit such an offence. (2) The appropriate authorities are the authorities of the territory which are entitled to exercise rights of protection in relation to him. (3) A certificate issued by the Secretary of State that a territory is a party to the Hostage-taking Convention is conclusive evidence of that fact for the purposes of subsection (1). (4) The Hostage-taking Convention is the International Convention against the Taking of Hostages opened for signature at New York on 18 December 1979.
Propose a change(1) The extradition of a person (“D”) to a category 2 territory is barred by reason of forum if the extradition would not be in the interests of justice. (2) For the purposes of this section, the extradition would not be in the interests of justice if the judge— (a) decides that a substantial measure of D's relevant activity was performed in the United Kingdom; and (b) decides, having regard to the specified matters relating to the interests of justice (and only those matters), that the extradition should not take place. (3) These are the specified matters relating to the interests of justice— (a) the place where most of the loss or harm resulting from the extradition offence occurred or was intended to occur; (b) the interests of any victims of the extradition offence; (c) any belief of a prosecutor that the United Kingdom, or a particular part of the United Kingdom, is not the most appropriate jurisdiction in which to prosecute D in respect of the conduct constituting the extradition offence; (d) were D to be prosecuted in a part of the United Kingdom for an offence that corresponds to the extradition offence, whether evidence necessary to prove the offence is or could be made available in the United Kingdom; (e) any delay that might result from proceeding in one jurisdiction rather than another; (f) the desirability and practicability of all prosecutions relating to the extradition offence taking place in one jurisdiction, having regard (in particular) to— (i) the jurisdictions in which witnesses, co-defendants and other suspects are located, and (ii) the practicability of the evidence of such persons being given in the United Kingdom or in jurisdictions outside the United Kingdom; (g) D's connections with the United Kingdom. (4) In deciding whether the extradition would not be in the interests of justice, the judge must have regard to the desirability of not requiring the disclosure of material which is subject to restrictions on disclosure in the category 2 territory concerned. (5) If, on an application by a prosecutor, it appears to the judge that the prosecutor has considered the offences for which D could be prosecuted in the United Kingdom, or a part of the United Kingdom, in respect of the conduct constituting the extradition offence, the judge must make that prosecutor a party to the proceedings on the question of whether D's extradition is barred by reason of forum. (6) In this section “D's relevant activity” means activity which is material to the commission of the extradition offence and is alleged to have been performed by D.
Propose a change(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 (c) in sending such a certificate to the judge. (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.
Propose a change(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 (c) the reason for that decision is a belief that— (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).
Propose a change(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.
Propose a change(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, or any other person who— is a prosecutor designated for the purposes of this section by order made by the Secretary of State, or is 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, or another 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.
Propose a change(1) If the judge is required to proceed under this section he must decide whether there is evidence which would be sufficient to make a case requiring an answer by the person if the proceedings were the summary trial of an information against him. (2) In deciding the question in subsection (1) the judge may treat a statement made by a person in a document as admissible evidence of a fact if— (a) the statement is made by the person to a police officer or another person charged with the duty of investigating offences or charging offenders, and (b) direct oral evidence by the person of the fact would be admissible. (3) In deciding whether to treat a statement made by a person in a document as admissible evidence of a fact, the judge must in particular have regard— (a) to the nature and source of the document; (b) to whether or not, having regard to the nature and source of the document and to any other circumstances that appear to the judge to be relevant, it is likely that the document is authentic; (c) to the extent to which the statement appears to supply evidence which would not be readily available if the statement were not treated as being admissible evidence of the fact; (d) to the relevance of the evidence that the statement appears to supply to any issue likely to have to be determined by the judge in deciding the question in subsection (1); (e) to any risk that the admission or exclusion of the statement will result in unfairness to the person whose extradition is sought, having regard in particular to whether it is likely to be possible to controvert the statement if the person making it does not attend to give oral evidence in the proceedings. (4) A summary in a document of a statement made by a person must be treated as a statement made by the person in the document for the purposes of subsection (2). (5) If the judge decides the question in subsection (1) in the negative he must order the person’s discharge. (6) If the judge decides that question in the affirmative he must proceed under section 87. (7) If the judge is required to proceed under this section and the category 2 territory to which extradition is requested is designated for the purposes of this section by order made by the Secretary of State— (a) the judge must not decide under subsection (1), and (b) he must proceed under section 87. (8) Subsection (1) applies to Scotland with the substitution of “ summary proceedings in respect of an offence alleged to have been committed by the person (except that for this purpose evidence from a single source shall be sufficient) ” for “the summary trial of an information against him”. (9) Subsection (1) applies to Northern Ireland with the substitution of “ the hearing and determination of a complaint ” for “the summary trial of an information”.
Propose a change(1) If the judge is required to proceed under this section he must decide whether the person was convicted in his presence. (2) If the judge decides the question in subsection (1) in the affirmative he must proceed under section 87. (3) If the judge decides that question in the negative he must decide whether the person deliberately absented himself from his trial. (4) If the judge decides the question in subsection (3) in the affirmative he must proceed under section 87. (5) If the judge decides that question in the negative he must decide whether any of the following applies— (a) the person would be entitled to a retrial or (on appeal) to a review amounting to a retrial; (b) the person would be so entitled unless a court in the territory concerned were to decide that they deliberately absented themselves from their trial; (c) the person was entitled as mentioned in paragraph (a) or (b) but expressly waived that entitlement; (d) having been informed that they were entitled as mentioned in paragraph (a) or (b), the person failed to exercise that entitlement before the end of the period permitted for exercising it. (6) If the judge decides the question in subsection (5) in the affirmative he must proceed under section 86. (7) If the judge decides that question in the negative he must order the person’s discharge. (7A) For the purposes of subsection (1), a person convicted at a trial at which they were legally represented (but not present in person) is to be treated as having been convicted in their presence. (8) The judge must not decide the question in subsection (5) in the affirmative unless, in any proceedings that it is alleged would constitute (or would have constituted) a retrial or a review amounting to a retrial, the person would have (or would have had) these rights— (a) the right to defend himself in person or through legal assistance of his own choosing or, if he had not sufficient means to pay for legal assistance, to be given it free when the interests of justice so required; (b) the right to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him.
Propose a change(1) If the judge is required to proceed under this section he must decide whether there is evidence which would be sufficient to make a case requiring an answer by the person if the proceedings were the summary trial of an information against him. (2) In deciding the question in subsection (1) the judge may treat a statement made by a person in a document as admissible evidence of a fact if— (a) the statement is made by the person to a police officer or another person charged with the duty of investigating offences or charging offenders, and (b) direct oral evidence by the person of the fact would be admissible. (3) In deciding whether to treat a statement made by a person in a document as admissible evidence of a fact, the judge must in particular have regard— (a) to the nature and source of the document; (b) to whether or not, having regard to the nature and source of the document and to any other circumstances that appear to the judge to be relevant, it is likely that the document is authentic; (c) to the extent to which the statement appears to supply evidence which would not be readily available if the statement were not treated as being admissible evidence of the fact; (d) to the relevance of the evidence that the statement appears to supply to any issue likely to have to be determined by the judge in deciding the question in subsection (1); (e) to any risk that the admission or exclusion of the statement will result in unfairness to the person whose extradition is sought, having regard in particular to whether it is likely to be possible to controvert the statement if the person making it does not attend to give oral evidence in the proceedings. (4) A summary in a document of a statement made by a person must be treated as a statement made by the person in the document for the purposes of subsection (2). (5) If the judge decides the question in subsection (1) in the negative he must order the person’s discharge. (6) If the judge decides that question in the affirmative he must proceed under section 87. (7) If the judge is required to proceed under this section and the category 2 territory to which extradition is requested is designated for the purposes of this section by order made by the Secretary of State— (a) the judge must not decide under subsection (1), and (b) he must proceed under section 87. (8) Subsection (1) applies to Scotland with the substitution of “ summary proceedings in respect of an offence alleged to have been committed by the person (except that for this purpose evidence from a single source shall be sufficient) ” for “the summary trial of an information against him”. (9) Subsection (1) applies to Northern Ireland with the substitution of “ the hearing and determination of a complaint ” for “the summary trial of an information”.
Propose a change