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Extradition Act 2003

Section 78: Initial stages of extradition hearing

232.This section requires the judge to begin the extradition hearing by considering the sufficiency of the extradition request and supporting documentation before him.

233.Subsection (2) requires the judge to decide whether the documents sent to him by the Secretary of State consist of or include:

  • the documents referred to section 70(9), namely the extradition request, certificate and copy of the relevant Order in Council;

  • identification evidence;

  • details of the offence(s) in question;

  • a warrant of arrest or judicial document authorising the person's arrest (subsection (8)) issued in the category 2 territory, in accusation cases;

  • a certificate of conviction and (if sentence has been imposed) of sentence, in a conviction case.

234.If the documents do not meet the requirements then the judge must order the person's discharge (subsection (3)). If the documents are considered sufficient then the judge must decide under subsection (4) whether:

  • on a balance of probabilities (see subsection (5)), the person before him is the person whose extradition is requested;

  • the specified offence is an extradition offence;

  • copies of the documents have been served on the person.

235.If the judge is not satisfied on any of these points then subsection (6) requires that he order the person's discharge. If the judge is satisfied then subsection (7) requires that he proceed under section 79.

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