Law

Extradition Act 2003

United Kingdom · statute

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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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Contents: 294 provisions
  1. Title and introductory text
  2. 1 Extradition to category 1 territories
  3. 2 Part 1 warrant and certificate
  4. 3 Arrest under certified Part 1 warrant
  5. 4 Person arrested under Part 1 warrant
  6. 5 Provisional arrest
  7. 6 Person arrested under section 5
  8. 7 Identity of person arrested
  9. 8 Remand etc.
  10. 8A Person charged with offence in United Kingdom before extradition hearing
  11. 8B Person serving sentence in United Kingdom before extradition hearing
  12. 9 Judge’s powers at extradition hearing
  13. 10 Initial stage of extradition hearing
  14. 11 Bars to extradition
  15. 12 Rule against double jeopardy
  16. 12A Absence of prosecution decision
  17. 13 Extraneous considerations
  18. 14 Passage of time
  19. 15 Age
  20. 16 Hostage-taking considerations
  21. 17 Speciality
  22. 18 Earlier extradition to United Kingdom from category 1 territory
  23. 19 Earlier extradition to United Kingdom from non-category 1 territory
  24. 19A Earlier transfer to United Kingdom by International Criminal Court
  25. 19B Forum
  26. 19C Effect of prosecutor's certificates on forum proceedings
  27. 19D Prosecutor's certificates
  28. 19E Questioning of prosecutor's certificate
  29. 19F Interpretation of sections 19B to 19E
  30. 20 Case where person has been convicted
  31. 21 Person unlawfully at large: human rights
  32. 21A Person not convicted: human rights and proportionality
  33. 21B Request for temporary transfer etc
  34. 22 Person charged with offence in United Kingdom
  35. 23 Person serving sentence in United Kingdom
  36. 24 Extradition request
  37. 25 Physical or mental condition
  38. 26 Appeal against extradition order
  39. 27 Court’s powers on appeal under section 26
  40. 28 Appeal against discharge at extradition hearing
  41. 29 Court’s powers on appeal under section 28
  42. 30 Detention pending conclusion of appeal under section 28
  43. 30A Detention pending conclusion of appeal under section 28: Scotland
  44. 31 Appeal to High Court: time limit for start of hearing
  45. 32 Appeal to Supreme Court
  46. 33 Powers of Supreme Court on appeal under section 32
  47. 33ZA Scottish devolution issue: remand in custody or on bail
  48. 33A Detention pending conclusion of certain appeals under section 32
  49. 33B Detention pending conclusion of appeals relating to devolution issues
  50. 34 Appeals: general
  51. 35 Extradition where no appeal
  52. 36 Extradition following appeal
  53. 36A Extradition following appeal: Scotland
  54. 36B Judge informed after extradition hearing that person is charged with offence in United Kingdom
  55. 36C Judge informed after extradition hearing that person is serving sentence in United Kingdom
  56. 37 Undertaking in relation to person serving sentence in United Kingdom
  57. 38 Extradition following deferral for competing claim
  58. 39 Asylum claim
  59. 40 Certificate in respect of asylum claimant
  60. 41 Withdrawal of warrant before extradition
  61. 42 Withdrawal of warrant whileapplication or appeal to High Court pending
  62. 43 Withdrawal of warrant while appeal to Supreme Court pending
  63. 44 Competing Part 1 warrants
  64. 45 Consent to extradition
  65. 46 Extradition order following consent
  66. 47 Extradition to category 1 territory following consent
  67. 48 Other warrant issued following consent
  68. 49 Other warrant issued: extradition to category 1 territory
  69. 50 Other warrant issued: proceedings deferred
  70. 51 Extradition request following consent
  71. 52 Undertaking in relation to person serving sentence
  72. 53 Extradition following deferral for competing claim
  73. 54 Request for consent to other offence being dealt with
  74. 55 Questions for decision at consent hearing
  75. 56 Request for consent to further extradition to category 1 territory
  76. 57 Questions for decision at consent hearing
  77. 58 Consent to further extradition to category 2 territory
  78. 59 Return of person to serve remainder of sentence
  79. 60 Costs where extradition ordered
  80. 61 Costs where discharge ordered
  81. 62 Costs where discharge ordered: supplementary
  82. 62A Appropriate amount: England and Wales
  83. 62B Legal costs: England and Wales
  84. 63 Persons serving sentences outside territory where convicted
  85. 64 Extradition offences: person not sentenced for offence
  86. 65 Extradition offences: person sentenced for offence
  87. 66 Extradition offences: supplementary
  88. 67 The appropriate judge
  89. 68 The extradition hearing
  90. 68A Unlawfully at large
  91. 69 Extradition to category 2 territories
  92. 70 Extradition request and certificate
  93. 71 Arrest warrant following extradition request
  94. 72 Person arrested under section 71
  95. 73 Provisional warrant
  96. 74 Person arrested under provisional warrant
  97. 74A Provisional arrest where certificate issued under section 74B
  98. 74B Certificates enabling provisional arrest under section 74A
  99. 74C Section 74B supplementary: valid requests for arrest
  100. 74D Person provisionally arrested under section 74A
  101. 74E Person provisionally arrested under section 74A: next steps
  102. 75 Date of extradition hearing: arrest under section 71
  103. 76 Date of extradition hearing: arrest under provisional warrant or under section 74A
  104. 76A Person charged with offence in United Kingdom before extradition hearing
  105. 76B Person serving sentence in United Kingdom before extradition hearing
  106. 77 Judge’s powers at extradition hearing
  107. 78 Initial stages of extradition hearing
  108. 79 Bars to extradition
  109. 80 Rule against double jeopardy
  110. 81 Extraneous considerations
  111. 82 Passage of time
  112. 83 Hostage-taking considerations
  113. 83A Forum
  114. 83B Effect of prosecutor's certificates on forum proceedings
  115. 83C Prosecutor's certificates
  116. 83D Questioning of prosecutor's certificate
  117. 83E Interpretation of sections 83A to 83D
  118. 84 Case where person has not been convicted
  119. 85 Case where person has been convicted
  120. 86 Conviction in person’s absence
  121. 87 Human rights
  122. 88 Person charged with offence in United Kingdom
  123. 89 Person serving sentence in United Kingdom
  124. 90 Competing extradition claim
  125. 91 Physical or mental condition
  126. 92 Case sent to Secretary of State
  127. 93 Secretary of State’s consideration of case
  128. 94 Death penalty
  129. 95 Speciality
  130. 96 Earlier extradition to United Kingdom from other territory
  131. 96A Earlier transfer to United Kingdom by International Criminal Court
  132. 97 Deferral: person charged with offence in United Kingdom
  133. 98 Deferral: person serving sentence in United Kingdom
  134. 99 Time limit for order for extradition or discharge
  135. 100 Information
  136. 101 Making of order for extradition or discharge
  137. 102 The appropriate day
  138. 103 Appeal where case sent to Secretary of State
  139. 104 Court’s powers on appeal under section 103
  140. 105 Appeal against discharge at extradition hearing
  141. 106 Court’s powers on appeal under section 105
  142. 107 Detention pending conclusion of appeal under section 105
  143. 107A Detention pending conclusion of appeal under section 105: Scotland
  144. 108 Appeal against extradition order
  145. 109 Court’s powers on appeal under section 108
  146. 110 Appeal against discharge by Secretary of State
  147. 111 Court’s powers on appeal under section 110
  148. 112 Detention pending conclusion of appeal under section 110
  149. 112A Detention pending conclusion of appeal under section 110: Scotland
  150. 113 Appeal to High Court: time limit for start of hearing
  151. 114 Appeal to Supreme Court
  152. 115 Powers of Supreme Court on appeal under section 114
  153. 115A Detention pending conclusion of certain appeals under section 114
  154. 115B Detention pending conclusion of appeals relating to devolution issues
  155. 116 Appeals: general
  156. 117 Extradition where no appeal
  157. 118 Extradition following appeal
  158. 118A Extradition following appeal: Scotland
  159. 118B Scottish devolution issue: remand in custody or on bail
  160. 118C Judge informed after extradition order that person is charged with offence in United Kingdom
  161. 118D Judge informed after extradition order that person is serving sentence in United Kingdom
  162. 119 Undertaking in relation to person serving sentence in United Kingdom
  163. 120 Extradition following deferral for competing claim
  164. 121 Asylum claim
  165. 122 Withdrawal of request before end of extradition hearing
  166. 123 Withdrawal of request after case sent to Secretary of State
  167. 124 Withdrawal of request whileapplication or appeal to High Court pending
  168. 125 Withdrawal of request while appeal to Supreme Court pending
  169. 126 Competing extradition requests
  170. 127 Consent to extradition: general
  171. 128 Consent to extradition before case sent to Secretary of State
  172. 129 Consent to other offence being dealt with
  173. 130 Consent to further extradition to category 2 territory
  174. 131 Consent to further extradition to category 1 territory
  175. 132 Return of person to serve remainder of sentence
  176. 133 Costs where extradition ordered
  177. 134 Costs where discharge ordered
  178. 135 Costs where discharge ordered: supplementary
  179. 135A Appropriate amount: England and Wales
  180. 135B Legal costs: England and Wales
  181. 136 Persons serving sentences outside territory where convicted
  182. 137 Extradition offences: person not sentenced for offence
  183. 138 Extradition offences: person sentenced for offence
  184. 139 The appropriate judge
  185. 140 The extradition hearing
  186. 140A Unlawfully at large
  187. 141 Scotland: references to Secretary of State
  188. 142 Issue of Part 3 warrant
  189. 143 Undertaking in relation to person serving sentence
  190. 144 Return to extraditing territory to serve sentence
  191. 145 Service of sentence in territory executing Part 3 warrant
  192. 146 Dealing with person for other offences
  193. 147 Effect of consent to extradition to the United Kingdom
  194. 148 Extradition offences
  195. 149 The appropriate judge
  196. 150 Dealing with person for other offences: Commonwealth countries etc.
  197. 151 Dealing with person for other offences: other category 2 territories
  198. 151A Dealing with person for other offences
  199. 151B Detention of person for trial in England and Wales for other offences
  200. 152 Remission of punishment for other offences
  201. 153 Return of person acquitted or not tried
  202. 153A Undertaking in relation to person serving sentence
  203. 153B Return of person in pursuance of undertaking
  204. 153C Return to extraditing territory to serve sentence
  205. 153D Sections 153A and 153C etc : supplementary
  206. 154 Restriction on bail where undertaking given by Secretary of State
  207. 155 Service personnel
  208. 155A Category 1 territories not applying Trade and Cooperation Agreement to old cases
  209. 156 Search and seizure warrants
  210. 157 Production orders
  211. 158 Requirements for making of production order
  212. 159 Computer information
  213. 160 Warrants: special procedure material and excluded material
  214. 161 Entry and search of premises for purposes of arrest
  215. 162 Entry and search of premises on arrest
  216. 163 Search of person on arrest
  217. 164 Entry and search of premises after arrest
  218. 165 Additional seizure powers
  219. 166 Fingerprints and samples
  220. 167 Searches and examination
  221. 168 Photographs
  222. 169 Evidence of identity: England and Wales
  223. 170 Evidence of identity: Northern Ireland
  224. 171 Other treatment and rights
  225. 172 Delivery of seized property
  226. 173 Codes of practice
  227. 174 Interpretation
  228. 175 Customs officers
  229. 176 Service policemen
  230. 177 Extradition from British overseas territories
  231. 178 Extradition to British overseas territories
  232. 179 Competing claims to extradition
  233. 180 Proceedings on deferred warrant or request
  234. 181 Proceedings where extradition deferred
  235. 182 Legal advice, assistance and representation: England and Wales
  236. 183 Legal aid: Scotland
  237. 184 Grant of free legal aid: Northern Ireland
  238. 185 Free legal aid: supplementary
  239. 186 Re-extradition: preliminary
  240. 187 Re-extradition hearing
  241. 188 Re-extradition to category 1 territories
  242. 189 Re-extradition to category 2 territories
  243. 189A Facilitating transit through the United Kingdom
  244. 189B Unscheduled arrival in the United Kingdom
  245. 189C Exercise of the extradition transit powers
  246. 189D Codes of practice
  247. 189E Sections 189A to 189D: interpretation
  248. 190 Crown Prosecution Service: role in extradition proceedings
  249. 191 Lord Advocate: role in extradition proceedings
  250. 192 Northern Ireland DPP and Crown Solicitor: role in extradition proceedings
  251. 193 Parties to international Conventions
  252. 194 Special extradition arrangements
  253. 195 Human rights: appropriate tribunal
  254. 196 Genocide, crimes against humanity and war crimes
  255. 197 Custody
  256. 197A Extradition of serving prisoner
  257. 198 Bail: England and Wales
  258. 199 Bail: Scotland
  259. 200 Appeal against grant of bail
  260. 201 Remand to local authority accommodation
  261. 202 Receivable documents
  262. 203 Documents sent by facsimile
  263. 204 Warrant issued by category 1 territory: transmission by other electronic means
  264. 205 Written statements and admissions
  265. 206 Burden and standard of proof
  266. 206A Use of live links at ... hearings
  267. 206B Live links: supplementary
  268. 206C Live links: interpretation
  269. 207 Extradition for more than one offence
  270. 208 National security
  271. 209 Reasonable force
  272. 210 Rules of court
  273. 211 Service of notices
  274. 212 Article 95 alerts: transitional provision
  275. 213 Disposal of Part 1 warrant and extradition request
  276. 214 Disposal of charge
  277. 215 Trade and Cooperation Agreement list
  278. 216 Other interpretative provisions
  279. 217 Form of documents
  280. 218 Existing legislation on extradition
  281. 219 Amendments
  282. 220 Repeals
  283. 221 Commencement
  284. 222 Channel Islands and Isle of Man
  285. 223 Orders and regulations
  286. 224 Orders in Council
  287. 225 Finance
  288. 226 Extent
  289. 227 Short title
  290. SCHEDULE A1 Specified category 2 territories
  291. SCHEDULE 1 Re-extradition: modifications
  292. SCHEDULE 2 Trade and Cooperation Agreement list
  293. SCHEDULE 3 Amendments
  294. SCHEDULE 4 Repeals

Proposed changes to this act

No one has proposed a change to this act yet.

294 provisions

87 Human rights

(1) If the judge is required to proceed under this section (by virtue of section 84, 85 or 86) he must decide whether the person’s extradition would be compatible with the Convention rights within the meaning of the Human Rights Act 1998 (c. 42). (2) If the judge decides the question in subsection (1) in the negative he must order the person’s discharge. (3) If the judge decides that question in the affirmative he must send the case to the Secretary of State for his decision whether the person is to be extradited.

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88 Person charged with offence in United Kingdom

(1) This section applies if at any time in the extradition hearing the judge is informed that the person is charged with an offence in the United Kingdom. (2) The judge must adjourn the extradition hearing until one of these occurs— (a) the charge is disposed of; (b) the charge is withdrawn; (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 adjourn the extradition hearing until the person is released from detention pursuant to the sentence (whether on licence or otherwise). (4) If before he adjourns the extradition hearing under subsection (2) the judge has decided under section 79 whether the person’s extradition is barred by reason of the rule against double jeopardy, the judge must decide that question again after the resumption of the hearing.

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89 Person serving sentence in United Kingdom

(1) This section applies if at any time in the extradition hearing the judge is informed that the person is in custody serving a sentence of imprisonment or another form of detention in the United Kingdom. (2) The judge may adjourn the extradition hearing until the person is released from detention pursuant to the sentence (whether on licence or otherwise). (3) In a case where an extradition hearing is adjourned under subsection (2)— (a) section 131 of the Magistrates' Courts Act 1980 (remand of accused already in custody) has effect as if a reference to 28 clear days in subsection (1) or (2) of that section were a reference to six months; (b) Article 47(2) of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (period of remand in custody) has effect as if a reference to 28 days in— (i) paragraph (a)(iii), or (ii) the words after paragraph (b), were a reference to six months.

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90 Competing extradition claim

(1) This section applies if at any time in the extradition hearing the judge is informed that the conditions in subsection (2) or (3) are met. (2) The conditions are that— (a) the Secretary of State has received another valid request for the person’s extradition to a category 2 territory; (b) the other request has not been disposed of; (c) the Secretary of State has made an order under section 126(2) for further proceedings on the request under consideration to be deferred until the other request has been disposed of. (3) The conditions are that— (a) a certificate has been issued under section 2 in respect of a Part 1 warrant issued in respect of the person; (b) the warrant has not been disposed of; (c) the Secretary of State has made an order under section 179(2) for further proceedings on the request to be deferred until the warrant has been disposed of. (4) The judge must remand the person in custody or on bail. (5) If the person is remanded in custody, the appropriate judge may later grant bail.

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91 Physical or mental condition

(1) This section applies if at any time in the extradition hearing it appears to the judge that the condition in subsection (2) is satisfied. (2) The condition is that the physical or mental condition of the person is such that it would be unjust or oppressive to extradite him. (3) The judge must— (a) order the person’s discharge, or (b) adjourn the extradition hearing until it appears to him that the condition in subsection (2) is no longer satisfied.

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92 Case sent to Secretary of State

(1) This section applies if the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited. (2) The judge must inform the person in ordinary language that— (a) he has a right to appeal to the High Court; (b) if he exercises the right the appeal will not be heard until the Secretary of State has made his decision. (3) But subsection (2) does not apply if the person has consented to his extradition under section 127. (4) The judge must remand the person in custody or on bail— (a) to wait for the Secretary of State’s decision, and (b) to wait for his extradition to the territory to which extradition is requested (if the Secretary of State orders him to be extradited). (5) If the person is remanded in custody, the appropriate judge may later grant bail.

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93 Secretary of State’s consideration of case

(1) This section applies if the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited. (2) The Secretary of State must decide whether he is prohibited from ordering the person’s extradition under any of these sections— (a) section 94 (death penalty); (b) section 95 (speciality); (c) section 96 (earlier extradition to United Kingdom from other territory). (d) section 96A (earlier transfer to United Kingdom by International Criminal Court). (3) If the Secretary of State decides any of the questions in subsection (2) in the affirmative he must order the person’s discharge. (4) If the Secretary of State decides those questions in the negative he must order the person to be extradited to the territory to which his extradition is requested unless— (a) he is informed that the request has been withdrawn, (b) he makes an order under section 126(2) or 179(2) for further proceedings on the request to be deferred and the person is discharged under section 180, or (c) he orders the person’s discharge under subsection (6A) or under section 208. (5) In deciding the questions in subsection (2), the Secretary of State is not required to consider any representations received by him after the end of the permitted period. (6) The permitted period is the period of 4 weeks starting with the appropriate day. (6A) The Secretary of State may order the person's discharge if the person— (a) has been recorded by the Secretary of State as a refugee within the meaning of the Refugee Convention, or (b) has been granted leave to enter or remain in the United Kingdom on the ground that it would be a breach of Article 2 or 3 of the Human Rights Convention to remove the person to the territory to which extradition is requested. (7) In the case of a person who has consented under section 127 to his extradition, the Secretary of State is not required— (a) to wait until the end of the permitted period before ordering the person's extradition, or (b) to consider any representations received after the order is made.

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94 Death penalty

(1) The Secretary of State must not order a person’s extradition to a category 2 territory if he could be, will be or has been sentenced to death for the offence concerned in the category 2 territory. (2) Subsection (1) does not apply if the Secretary of State receives a written assurance which he considers adequate that a sentence of death— (a) will not be imposed, or (b) will not be carried out (if imposed).

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95 Speciality

(1) The Secretary of State must not order a person’s extradition to a category 2 territory if there are no speciality arrangements with the category 2 territory. (2) But subsection (1) does not apply if the person consented to his extradition under section 127 before his case was sent to the Secretary of State. (3) There are speciality arrangements with a category 2 territory if (and only if) under the law of that territory or arrangements made between it and the United Kingdom a person who is extradited to the territory from the United Kingdom may be dealt with in the territory for an offence committed before his extradition only if— (a) the offence is one falling within subsection (4), or (b) he is first given an opportunity to leave the territory. (4) The offences are— (a) the offence in respect of which the person is extradited; (b) an extradition offence disclosed by the same facts as that offence, other than one in respect of which a sentence of death could be imposed; (c) an extradition offence in respect of which the Secretary of State consents to the person being dealt with; (d) an offence in respect of which the person waives the right that he would have (but for this paragraph) not to be dealt with for the offence. (5) Arrangements made with a category 2 territory which is a Commonwealth country or a British overseas territory may be made for a particular case or more generally. (6) A certificate issued by or under the authority of the Secretary of State confirming the existence of arrangements with a category 2 territory which is a Commonwealth country or a British overseas territory and stating the terms of the arrangements is conclusive evidence of those matters.

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96 Earlier extradition to United Kingdom from other territory

The Secretary of State must not order a person’s extradition to a category 2 territory if— (a) the person was extradited to the United Kingdom from another territory (the extraditing territory); (b) under arrangements between the United Kingdom and the extraditing territory, that territory’s consent is required to the person’s extradition from the United Kingdom to the category 2 territory in respect of the extradition offence under consideration; (c) that consent has not been given on behalf of the extraditing territory.

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96A Earlier transfer to United Kingdom by International Criminal Court

(1) The Secretary of State must not order a person's extradition to a category 2 territory if— (a) the person was transferred to the United Kingdom to serve a sentence imposed by the International Criminal Court; (b) under arrangements between the United Kingdom and the Court, the consent of the Presidency of the Court is required to the person's extradition from the United Kingdom to the category 2 territory in respect of the extradition offence under consideration; (c) that consent has not been given. (2) Subsection (1) does not apply if the person has served the sentence imposed by the Court and has subsequently— (a) remained voluntarily in the United Kingdom for more than 30 days, or (b) left the United Kingdom and returned to it.

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97 Deferral: person charged with offence in United Kingdom

(1) This section applies if— (a) the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited; (b) the person is charged with an offence in the United Kingdom. (2) The Secretary of State must not make a decision with regard to the person’s extradition until one of these occurs— (a) the charge is disposed of; (b) the charge is withdrawn; (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 Secretary of State may defer making a decision with regard to the person’s extradition until the person is released from detention pursuant to the sentence (whether on licence or otherwise).

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98 Deferral: person serving sentence in United Kingdom

(1) This section applies if— (a) the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited; (b) the person is in custody serving a sentence of imprisonment or another form of detention in the United Kingdom. (2) The Secretary of State may defer making a decision with regard to the person’s extradition until the person is released from detention pursuant to the sentence (whether on licence or otherwise).

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99 Time limit for order for extradition or discharge

(1) This section applies if— (a) the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited; (b) within the required period the Secretary of State does not make an order for the person’s extradition or discharge. (2) If the person applies to the appropriate judge to be discharged, the judge must order his discharge. (3) The required period is the period of 2 months starting with the appropriate day. (4) If before the required period ends the Secretary of State applies to the appropriate judge for it to be extended the judge may make an order accordingly; and this subsection may apply more than once.

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100 Information

(1) If the Secretary of State orders a person’s extradition under this Part he must— (a) inform the person of the order; (b) inform him in ordinary language that he has a right of appeal to the High Court; (c) inform a person acting on behalf of the category 2 territory of the order. (2) But subsection (1)(b) does not apply if the person has consented to his extradition under section 127. (3) If the Secretary of State orders a person’s extradition under this Part and he has received an assurance such as is mentioned in section 94(2), he must give the person a copy of the assurance when he informs him under subsection (1) of the order. (4) If the Secretary of State orders a person’s discharge under this Part he must— (a) inform him of the order; (b) inform a person acting on behalf of the category 2 territory of the order.

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101 Making of order for extradition or discharge

(1) An order to which this section applies must be made under the hand of one of these— (a) the Secretary of State; (b) a Minister of State; (c) a Parliamentary Under-Secretary of State; (d) a senior official. (2) But, in relation to Scotland, an order to which this section applies must be made under the hand of one of these— (a) a member of the Scottish Executive or a junior Scottish Minister; (b) a senior official who is a member of the staff of the Scottish Administration. (3) This section applies to— (a) an order under section 93 for a person’s extradition; (b) an order under section 93 or 123 for a person’s discharge. (4) A senior official is— (a) a member of the Senior Civil Service; (b) a member of the Senior Management Structure of Her Majesty’s Diplomatic Service. (5) If it appears to the Secretary of State that it is necessary to do so in consequence of any changes to the structure or grading of the statutory civil service (or any part of it), he may by order make such amendments to subsection (4) as appear to him appropriate to preserve (so far as practicable) the effect of that subsection. (6) In subsection (5) “the statutory civil service” means the civil service within the meaning of Chapter 1 of Part 1 of the Constitutional Reform and Governance Act 2010 (see section 1(4) of that Act).

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102 The appropriate day

(1) This section applies for the purposes of sections 93 and 99 if the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited. (2) If the person is charged with an offence in the United Kingdom, the appropriate day is the day on which one of these occurs— (a) the charge is disposed of; (b) the charge is withdrawn; (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 under section 97(3) or 98(2) the Secretary of State defers making a decision , the appropriate day is the day on which the person is released from detention pursuant to the sentence (whether on licence or otherwise). (4) If section 126 applies in relation to the request for the person’s extradition (the request concerned) the appropriate day is— (a) the day on which the Secretary of State makes an order under that section, if the order is for proceedings on the other request to be deferred; (b) the day on which an order under section 180 is made, if the order under section 126 is for proceedings on the request concerned to be deferred and the order under section 180 is for the proceedings to be resumed. (5) If section 179 applies in relation to the request for the person’s extradition, the appropriate day is— (a) the day on which the Secretary of State makes an order under that section, if the order is for proceedings on the warrant to be deferred; (b) the day on which an order under section 180 is made, if the order under section 179 is for proceedings on the request to be deferred and the order under section 180 is for the proceedings to be resumed. (6) If more than one of subsections (2) to (5) applies, the appropriate day is the latest of the days found under the subsections which apply. (7) In any other case, the appropriate day is the day on which the judge sends the case to the Secretary of State for his decision whether the person is to be extradited.

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103 Appeal where case sent to Secretary of State

(1) If the judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited, the person may appeal to the High Court against the relevant decision. (2) But subsection (1) does not apply if the person consented to his extradition under section 127 before his case was sent to the Secretary of State. (3) The relevant decision is the decision that resulted in the case being sent to the Secretary of State. (4) An appeal under this section— (a) may be brought on a question of law or fact, but (b) lies only with the leave of the High Court. (5) If an appeal is brought under this section before the Secretary of State has decided whether the person is to be extradited the appeal must not be heard until after the Secretary of State has made his decision. (6) If the Secretary of State orders the person’s discharge the appeal must not be proceeded with. (7) No appeal may be brought under this section if the Secretary of State has ordered the person’s discharge. (8) If notice of an appeal under section 110 against the decision which resulted in the order for the person’s discharge is given in accordance with subsection (5) of that section— (a) subsections (6) and (7) do not apply; (b) no appeal may be brought under this section if the High Court has made its decision on the appeal. (9) Notice of application for leave to appeal under this section must be given in accordance with rules of court before the end of the permitted period, which is 14 days starting with the day on which the Secretary of State informs the person under section 100(1) or (4) of the order he has made in respect of the person. (10) But where a person gives notice of application for leave to appeal after the end of the permitted period, the High Court must not for that reason refuse to entertain the application if the person did everything reasonably possible to ensure that the notice was given as soon as it could be given.

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104 Court’s powers on appeal under section 103

(1) On an appeal under section 103 the High Court may— (a) allow the appeal; (b) direct the judge to decide again a question (or questions) which he decided at the extradition hearing; (c) dismiss the appeal. (2) The court may allow the appeal only if the conditions in subsection (3) or the conditions in subsection (4) are satisfied. (3) The conditions are that— (a) the judge ought to have decided a question before him at the extradition hearing differently; (b) if he had decided the question in the way he ought to have done, he would have been required to order the person’s discharge. (4) The conditions are that— (a) an issue is raised that was not raised at the extradition hearing or evidence is available that was not available at the extradition hearing; (b) the issue or evidence would have resulted in the judge deciding a question before him at the extradition hearing differently; (c) if he had decided the question in that way, he would have been required to order the person’s discharge. (5) If the court allows the appeal it must— (a) order the person’s discharge; (b) quash the order for his extradition. (6) If the judge comes to a different decision on any question that is the subject of a direction under subsection (1)(b) he must order the person’s discharge. (7) If the judge comes to the same decision as he did at the extradition hearing on the question that is (or all the questions that are) the subject of a direction under subsection (1)(b) the appeal must be taken to have been dismissed by a decision of the High Court. (8) If the court makes a direction under subsection (1)(b) it must remand the person in custody or on bail. (9) If the court remands the person in custody it may later grant bail.

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105 Appeal against discharge at extradition hearing

(1) If at the extradition hearing the judge orders a person’s discharge, an appeal to the High Court may be brought on behalf of the category 2 territory against the relevant decision. (2) But subsection (1) does not apply if the order for the person’s discharge was under section 122. (3) The relevant decision is the decision which resulted in the order for the person’s discharge. (4) An appeal under this section— (a) may be brought on a question of law or fact, but (b) lies only with the leave of the High Court. (5) Notice of application for leave to appeal under this section must be given in accordance with rules of court before the end of the permitted period, which is 14 days starting with the day on which the order for the person’s discharge is made.

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106 Court’s powers on appeal under section 105

(1) On an appeal under section 105 the High Court may— (a) allow the appeal; (b) direct the judge to decide the relevant question again; (c) dismiss the appeal. (2) A question is the relevant question if the judge’s decision on it resulted in the order for the person’s discharge. (3) The court may allow the appeal only if the conditions in subsection (4) or the conditions in subsection (5) are satisfied. (4) The conditions are that— (a) the judge ought to have decided the relevant question differently; (b) if he had decided the question in the way he ought to have done, he would not have been required to order the person’s discharge. (5) The conditions are that— (a) an issue is raised that was not raised at the extradition hearing or evidence is available that was not available at the extradition hearing; (b) the issue or evidence would have resulted in the judge deciding the relevant question differently; (c) if he had decided the question in that way, he would not have been required to order the person’s discharge. (6) If the court allows the appeal it must— (a) quash the order discharging the person; (b) remit the case to the judge; (c) direct him to proceed as he would have been required to do if he had decided the relevant question differently at the extradition hearing. (7) If the court makes a direction under subsection (1)(b) and the judge decides the relevant question differently he must proceed as he would have been required to do if he had decided that question differently at the extradition hearing. (8) If the court makes a direction under subsection (1)(b) and the judge does not decide the relevant question differently the appeal must be taken to have been dismissed by a decision of the High Court. (9) If the court— (a) allows the appeal, or (b) makes a direction under subsection (1)(b), it must remand the person in custody or on bail. (10) If the court remands the person in custody it may later grant bail.

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107 Detention pending conclusion of appeal under section 105

(1) This section applies if immediately after the judge orders the person’s discharge the judge is informed on behalf of the category 2 territory of an intention to appeal under section 105. (2) The judge must remand the person in custody or on bail while the appeal is pending. (3) If the person is remanded in custody, the appropriate judge may later grant bail. (4) An appeal under section 105 ceases to be pending at the earliest of these times— (a) when the proceedings on the appeal are discontinued; (b) when the High Court— (i) allows the appeal, (ii) makes a direction under section 106(1)(b), or (iii) dismisses the appeal, unless, where the appeal is dismissed, the court is immediately informed on behalf of the category 2 territory of an intention to apply for leave to appeal to the Supreme Court ; (c) at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the Supreme Court against the decision of the High Court on the appeal is granted , if no appeal to the Supreme Court is brought before the end of that period; (d) when there is no further step that can be taken on behalf of the category 2 territory in relation to the appeal (ignoring any power of a court to grant leave to take a step out of time). (5) The preceding provisions of this section do not apply to Scotland.

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107A Detention pending conclusion of appeal under section 105: Scotland

(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.

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108 Appeal against extradition order

(1) If the Secretary of State orders a person’s extradition under this Part, the person may appeal to the High Court against the order. (2) But subsection (1) does not apply if the person has consented to his extradition under section 127. (3) An appeal under this section— (a) may be brought on a question of law or fact, but (b) lies only with the leave of the High Court. (4) Notice of application for leave to appeal under this section must be given— (a) in accordance with rules of court, and (b) subject to subsections (5) and (7A), before the end of the permitted period, which is 14 days starting with the day on which the Secretary of State informs the person of the order under section 100(1). (5) Notice of application for leave to appeal under this section may be given after the end of the permitted period if it is anapplication for leave to appeal on human rights grounds. (6) Notice of application for leave to appeal on human rights grounds given after the end of the permitted period must be given before the person is extradited to the category 2 territory in accordance with section 117. (7) Where notice of application for leave to appeal is given in accordance with subsections (5) and (6), the High Court is to grant leave only if it appears to the High Court that— (a) the appeal is necessary to avoid real injustice, and (b) the circumstances are exceptional and make it appropriate for the appeal to be heard. (7A) Where a person gives notice of application for leave to appeal after the end of the permitted period (whether or not the application is for leave to appeal on human rights grounds), the High Court must not for that reason refuse to entertain the application if the person did everything reasonably possible to ensure that the notice was given as soon as it could be given. (8) In this section “to appeal on human rights grounds” means to appeal against the order for the person's extradition on the grounds (and only on the grounds) that the extradition would not be compatible with the Convention rights within the meaning of the Human Rights Act 1998.

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109 Court’s powers on appeal under section 108

(1) On an appeal under section 108 the High Court may— (a) allow the appeal; (b) dismiss the appeal. (2) The court may allow the appeal only if the conditions in subsection (3) or the conditions in subsection (4) are satisfied. (3) The conditions are that— (a) the Secretary of State ought to have decided a question before him differently; (b) if he had decided the question in the way he ought to have done, he would not have ordered the person’s extradition. (4) The conditions are that— (a) an issue is raised that was not raised when the case was being considered by the Secretary of State or information is available that was not available at that time; (b) the issue or information would have resulted in the Secretary of State deciding a question before him differently; (c) if he had decided the question in that way, he would not have ordered the person’s extradition. (5) If the court allows the appeal it must— (a) order the person’s discharge; (b) quash the order for his extradition.

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110 Appeal against discharge by Secretary of State

(1) If the Secretary of State makes an order for a person’s discharge under this Part, an appeal to the High Court may be brought on behalf of the category 2 territory against the relevant decision. (2) But subsection (1) does not apply if the order for the person’s discharge was under section 123. (3) The relevant decision is the decision which resulted in the order for the person’s discharge. (4) An appeal under this section— (a) may be brought on a question of law or fact, but (b) lies only with the leave of the High Court. (5) Notice of application for leave to appeal under this section must be given in accordance with rules of court before the end of the permitted period, which is 14 days starting with the day on which (under section 100(4)) the Secretary of State informs a person acting on behalf of the category 2 territory of the order.

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111 Court’s powers on appeal under section 110

(1) On an appeal under section 110 the High Court may— (a) allow the appeal; (b) dismiss the appeal. (2) The court may allow the appeal only if the conditions in subsection (3) or the conditions in subsection (4) are satisfied. (3) The conditions are that— (a) the Secretary of State ought to have decided a question before him differently; (b) if he had decided the question in the way he ought to have done, he would have ordered the person’s extradition. (4) The conditions are that— (a) an issue is raised that was not raised when the case was being considered by the Secretary of State or information is available that was not available at that time; (b) the issue or information would have resulted in the Secretary of State deciding a question before him differently; (c) if he had decided the question in that way, he would have ordered the person’s extradition. (5) If the court allows the appeal it must— (a) quash the order discharging the person; (b) order the person’s extradition. (6) If the court allows the appeal it must remand the person in custody or on bail. (7) If the court remands the person in custody it may later grant bail.

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112 Detention pending conclusion of appeal under section 110

(1) This section applies in a case where the Secretary of State orders the person's discharge under this Part. (2) Subject to subsection (3)— (a) the order made by the appropriate judge under section 92(4) (“ the remand order ”) remains in force until the end of the period of three days beginning with the day on which the person's discharge is ordered; (b) if within that period the Secretary of State is informed in writing on behalf of the category 2 territory of an intention to appeal under section 110, the remand order remains in force while the appeal is pending. (3) If the person is remanded in custody under section 92(4), the appropriate judge may grant bail. (4) An appeal under section 110 ceases to be pending at the earliest of these times— (a) when the proceedings on the appeal are discontinued; (b) when the High Court— (i) allows the appeal, or (ii) dismisses the appeal, unless, where the appeal is dismissed, the court is immediately informed on behalf of the category 2 territory of an intention to apply for leave to appeal to the Supreme Court ; (c) at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the Supreme Court against the decision of the High Court on the appeal is granted, if no appeal to the Supreme Court is brought before the end of that period; (d) when there is no further step that can be taken on behalf of the category 2 territory in relation to the appeal (ignoring any power of a court to grant leave to take a step out of time). (5) The preceding provisions of this section do not apply to Scotland.

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112A Detention pending conclusion of appeal under section 110: Scotland

(1) This section applies in a case where the Scottish Ministers order the person's discharge under this Part. (2) Subject to subsection (6)— (a) the order made by the appropriate judge under section 92(4) (“the remand order”) remains in force until the end of the period of three days beginning with the day on which the person's discharge is ordered; (b) if within that period the Scottish Ministers are informed in writing on behalf of the category 2 territory of an intention to appeal under section 110 (“the High Court appeal”), the remand order remains in force while the appeal is pending. (3) The High Court appeal ceases to be pending at the earliest of these times— (a) when the proceedings on the appeal are abandoned; (b) when the High Court— (i) allows the appeal, or (ii) dismisses the appeal. (4) If— (a) the High Court appeal is dismissed, (b) immediately after dismissing it, the High Court is informed of an intention to bring an appeal to the Supreme Court against a determination of a relevant devolution issue (“the Supreme Court appeal”), and (c) the remand order has remained in force until that time, then, subject to subsection (6), the remand order continues to remain in force while the Supreme Court appeal is pending. (5) The Supreme Court appeal ceases to be pending at the earliest of these times— (a) the end of the period of 28 days starting with the day when the High Court appeal is dismissed (unless, within that period, an application is made to the High Court for permission to make the Supreme Court appeal); (b) the end of the period of 28 days starting with the day when the High Court refuses permission to make the Supreme Court appeal (unless, within that period, an application is made to the Supreme Court for permission to make the Supreme Court appeal); (c) the end of the period of 28 days starting with the day on which permission is given to bring the Supreme Court appeal (unless the appeal is brought within that period); (d) the time when the proceedings on the Supreme Court appeal are abandoned; (e) the time when there is no further step that can be taken in relation to the Supreme Court appeal by the category 2 territory (ignoring any power of a court to grant leave to take a step out of time). (6) If the person is remanded in custody under section 92(4), the appropriate judge may later grant bail. (7) In this section “relevant devolution issue” means a devolution issue relating to the person's extradition. (8) This section applies only to Scotland.

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113 Appeal to High Court: time limit for start of hearing

(1) Rules of court must prescribe the period (the relevant period) within which the High Court must begin to hear an appeal under section 103, 105, 108 or 110. (2) The High Court must begin to hear the appeal before the end of the relevant period. (3) The High Court may extend the relevant period if it believes it to be in the interests of justice to do so; and this subsection may apply more than once. (4) The power in subsection (3) may be exercised even after the end of the relevant period. (5) If subsection (2) is not complied with and the appeal is under section 103 or 108— (a) the appeal must be taken to have been allowed by a decision of the High Court; (b) the person whose extradition has been ordered must be taken to have been discharged by the High Court; (c) the order for the person’s extradition must be taken to have been quashed by the High Court. (6) If subsection (2) is not complied with and the appeal is under section 105 or 110 the appeal must be taken to have been dismissed by a decision of the High Court.

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114 Appeal to Supreme Court

(1) An appeal lies to the Supreme Court from a decision of the High Court on an appeal under section 103, 105, 108 or 110. (2) An appeal under this section lies at the instance of— (a) the person whose extradition is requested; (b) a person acting on behalf of the category 2 territory. (3) An appeal under this section lies only with the leave of the High Court or the Supreme Court. (4) Leave to appeal under this section must not be granted unless— (a) the High Court has certified that there is a point of law of general public importance involved in the decision, and (b) it appears to the court granting leave that the point is one which ought to be considered by the Supreme Court. (5) An application to the High Court for leave to appeal under this section must be made before the end of the permitted period, which is 14 days starting with the day on which the court makes its decision on the appeal to it. (6) An application to the Supreme Court for leave to appeal under this section must be made before the end of the permitted period, which is 14 days starting with the day on which the High Court refuses leave to appeal. (7) If leave to appeal under this section is granted, the appeal must be brought before the end of the permitted period, which is 28 days starting with the day on which leave is granted. (8) If subsection (7) is not complied with— (a) the appeal must be taken to have been brought; (b) the appeal must be taken to have been dismissed by the Supreme Court immediately after the end of the period permitted under that subsection. (9) These must be ignored for the purposes of subsection (8)(b)— (a) any power of a court to extend the period permitted for bringing the appeal; (b) any power of a court to grant leave to take a step out of time. (10) The High Court may grant bail to a person appealing under this section, or applying for leave to appeal under this section, against the dismissal of his appeal under section 103 or 108. (11) Section 5 of the Appellate Jurisdiction Act 1876 (c. 59) (composition of House of Lords for hearing and determination of appeals) applies in relation to an appeal under this section or an application for leave to appeal under this section as it applies in relation to an appeal under that Act. (12) An order of the House of Lords which provides for an application for leave to appeal under this section to be determined by a committee constituted in accordance with section 5 of the Appellate Jurisdiction Act 1876 may direct that the decision of the committee is taken on behalf of the House. (13) The preceding provisions of this section do not apply to Scotland.

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115 Powers of Supreme Court on appeal under section 114

(1) On an appeal under section 114 the Supreme Court may— (a) allow the appeal; (b) dismiss the appeal. (2) Subsection (3) applies if— (a) the person whose extradition is requested brings an appeal under section 114, and (b) the Supreme Court allows the appeal. (3) The Supreme Court must— (a) order the person’s discharge; (b) quash the order for his extradition, if the appeal was against a decision of the High Court to dismiss an appeal under section 103 or 108 or to allow an appeal under section 110. (4) Subsection (5) applies if— (a) the High Court allows an appeal under section 103 or 108 by the person whose extradition is requested or dismisses an appeal under section 110 by a person acting on behalf of the category 2 territory, (b) a person acting on behalf of the category 2 territory brings an appeal under section 114 against the decision of the High Court, and (c) the Supreme Court allows the appeal. (5) The Supreme Court must— (a) quash the order discharging the person made by the High Court under section 104(5) or 109(5) or by the Secretary of State under this Part; (b) order the person to be extradited to the category 2 territory. (6) Subsection (7) applies if— (a) the High Court dismisses an appeal under section 105 against a decision made by the judge at the extradition hearing, (b) a person acting on behalf of the category 2 territory brings an appeal under section 114 against the decision of the High Court, and (c) the Supreme Court allows the appeal. (7) The Supreme Court must— (a) quash the order of the judge discharging the person whose extradition is requested; (b) remit the case to the judge; (c) direct him to proceed as he would have been required to do if he had decided the relevant question differently at the extradition hearing. (8) A question is the relevant question if the judge’s decision on it resulted in the order for the person’s discharge. (9) In a case where subsection (5) or (7) applies, the Supreme Court must remand, in custody or on bail, the person whose extradition is requested. (10) If the Supreme Court remands the person in custody the High Court may later grant bail.

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115A Detention pending conclusion of certain appeals under section 114

(1) This section applies if— (a) on an appeal under section 103 or 108 the High Court orders the person's discharge; (b) immediately after it does so, the court is informed on behalf of the category 2 territory of an intention to appeal under section 114. (2) The court must remand the person in custody or on bail while the appeal is pending. (3) If the court remands the person in custody it may later grant bail. (4) An appeal under section 114 ceases to be pending at the earliest of these times— (a) when the proceedings on the appeal are discontinued; (b) at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the House of Lords against the decision of the High Court on the appeal under section 103 or 108 is granted, if no appeal to the House of Lords is brought before the end of that period; (c) when there is no further step that can be taken on behalf of the category 2 territory in relation to the appeal (ignoring any power of a court to grant leave to take a step out of time). (5) The preceding provisions of this section do not apply to Scotland.

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115B Detention pending conclusion of appeals relating to devolution issues

(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.

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116 Appeals: general

(1) A decision under this Part of the judge or the Secretary of State may be questioned in legal proceedings only by means of an appeal under this Part. (2) Subsection (1) does not prevent an appeal against a determination of a devolution issue. (3) In this Part “ devolution issue ” has the same meaning as in Schedule 6 to the Scotland Act 1998.

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117 Extradition where no appeal

(1) This section applies if the Secretary of State orders a person’s extradition to a category 2 territory under this Part and either— (a) no notice of application for leave to appeal under section 103 or 108 is given before the end of the permitted period, or (b) notice is given during that period but the High Court refuses leave to appeal to it. (2) The person must be extradited to the category 2 territory before the end of the required period, which is 28 days starting with — (a) the day on which the Secretary of State makes the extradition order (where subsection (1)(a) applies and no order is made under section 118A or 118B), (b) the day on which the decision of the High Court refusing leave to appeal to it becomes final (where subsection (1)(b) applies and no order is made under section 118A or 118B), or (c) the earliest day on which the extradition order may be carried out (where an order is made under section 118A or 118B). (2A) The decision of the High Court refusing leave to appeal to it becomes final when, in accordance with rules of court, there is no further step that can be taken in relation to the application for leave to appeal. (3) If subsection (2) is not complied with and the person applies to the appropriate judge to be discharged the judge must order his discharge, unless reasonable cause is shown for the delay. (4) These must be ignored for the purposes of subsections (1) to (2A)— (a) any power of a court to extend the period permitted for giving notice of application for leave to appeal; (b) any power of a court to grant leave to take a step out of time. (5) If leave to appeal to the High Court is granted on an application notice of which was given after the end of the permitted period, this section ceases to apply (but section 118 applies instead). (6) In this section, “permitted period” means 14 days starting with the day on which the Secretary of State informs the person under section 100(1) that he has ordered his extradition.

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118 Extradition following appeal

(1) This section applies if— (a) there is an appeal to the High Court under section 103, 108 or 110 against a decision or order relating to a person’s extradition to a category 2 territory, and (b) the effect of the decision of the relevant court on the appeal is that the person is to be extradited there. (2) The person must be extradited to the category 2 territory before the end of the required period, which is 28 days starting with— (a) the day on which the decision of the relevant court on the appeal becomes final, or (b) the day on which proceedings on the appeal are discontinued. (2A) But if the day referred to in paragraph (a) or (b) of subsection (3) is earlier than the earliest day on which, by reason of an order under section 118C or 118D, the extradition order may be carried out (“the postponed date”), the required period is 28 days beginning with the postponed date. (3) The relevant court is— (a) the High Court, if there is no appeal to the Supreme Court against the decision of the High Court on the appeal; (b) the Supreme Court, if there is such an appeal. (4) The decision of the High Court on the appeal becomes final— (a) when the period permitted for applying to the High Court for leave to appeal to the Supreme Court ends, if there is no such application; (b) when the period permitted for applying to the Supreme Court for leave to appeal to it ends, if the High Court refuses leave to appeal and there is no application to the Supreme Court for leave to appeal; (c) when the Supreme Court refuses leave to appeal to it; (d) at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the Supreme Court is granted, if no such appeal is brought before the end of that period. (5) These must be ignored for the purposes of subsection (4)— (a) any power of a court to extend the period permitted for applying for leave to appeal; (b) any power of a court to grant leave to take a step out of time. (6) The decision of the Supreme Court on the appeal becomes final when it is made. (7) If subsection (2) is not complied with and the person applies to the appropriate judge to be discharged the judge must order his discharge, unless reasonable cause is shown for the delay. (8) The preceding provisions of this section do not apply to Scotland.

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118A Extradition following appeal: Scotland

(1) This section applies if— (a) there is an appeal to the High Court under section 103, 108 or 110 against a decision or order relating to a person's extradition to a category 2 territory, and (b) the effect of the decision in the relevant proceedings is that the person must be extradited to the category 2 territory. (2) The “relevant proceedings” are— (a) the proceedings on the appeal under section 103, 108 or 110 if— (i) no Supreme Court devolution appeal is made, or (ii) a Supreme Court devolution appeal is made and the Supreme Court remits the case to the High Court, or (b) the proceedings on a Supreme Court devolution appeal if such an appeal is made and the Supreme Court does not remit the case to the High Court. (3) The person must be extradited to the category 2 territory before the end of the required period, which is 28 days starting with— (a) the day on which the decision in the relevant proceedings becomes final, or (b) the day on which the relevant proceedings are abandoned. (4) In a case where the relevant proceedings are proceedings on the appeal under section 103, 108 or 110 (except the case has been remitted to the High Court on a Supreme Court devolution appeal), the decision in those proceedings becomes final— (a) at the end of the period of 28 days starting with the day of the High Court's decision on the appeal (unless, within that period, an application is made to the High Court for permission to make a Supreme Court devolution appeal); (b) at the end of the period of 28 days starting with the day when the High Court refuses permission to make a Supreme Court devolution appeal (unless, within that period, an application is made to the Supreme Court for permission to make the appeal); (c) when the Supreme Court refuses permission to make a Supreme Court devolution appeal; (d) at the end of the permitted period, which is 28 days starting with the day on which permission to make a Supreme Court devolution appeal is granted, if no such appeal is brought before the end of that period. (5) These must be ignored for the purposes of subsection (4)— (a) any power of a court to extend the period permitted for applying for permission to appeal; (b) any power of a court to grant permission to take a step out of time. (6) In a case where— (a) the relevant proceedings are proceedings on the appeal under section 103, 108 or 110, and (b) the case has been remitted to the High Court on a Supreme Court devolution appeal, the decision in those proceedings becomes final when it is made. (7) In a case where— (a) the relevant proceedings are proceedings on a Supreme Court devolution appeal, and (b) the decision is not to remit the case to the High Court, the decision in those proceedings becomes final when it is made. (8) If subsection (3) is not complied with and the person applies to the appropriate judge to be discharged, the judge must order the person's discharge, unless reasonable cause is shown for the delay. (9) In this section “ Supreme Court devolution appeal ” means an appeal to the Supreme Court against a determination of a devolution issue relating to a person's extradition. (10) This section applies only to Scotland.

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118B Scottish devolution issue: remand in custody or on bail

(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.

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118C Judge informed after extradition order that person is charged with offence in United Kingdom

(1) This section applies if— (a) the Secretary of State has made an order for a person's extradition under this Part, and (b) before the extradition order is carried out the appropriate judge is informed that the person is charged with an offence in the United Kingdom. (2) The appropriate judge must order the extradition order not to be carried out until one of these occurs— (a) the charge is disposed of; (b) the charge is withdrawn; (c) proceedings in respect of the charge are discontinued; (d) an order is made for the charge to lie on the file, or in relation to Scotland, the diet is deserted pro loco et tempore. (3) If a sentence of imprisonment or another form of detention is imposed in respect of the offence charged, the appropriate judge may order the extradition order not to be carried out until the person is released from detention pursuant to the sentence (whether on licence or otherwise). (4) Rules of court may provide that where there is an appeal against the extradition order — (a) a reference in this section to the appropriate judge has effect, in prescribed circumstances, as if it were a reference to the court hearing the appeal, and (b) this section has effect with any other prescribed modifications.

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