(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.
(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(b) the charge is withdrawn;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.
(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.
(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.
(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.
(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.
(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.
(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).
(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.
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.
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.
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).
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).
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.
(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.
(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).
(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.
(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.
(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.
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.
(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.
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.
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.
(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.
(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.
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.
(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.
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.
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.
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.
(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.
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.
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.
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.
(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.
(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.
(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.
(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.
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.
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.