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Extradition Act 2003

Section 126: Competing extradition requests

357.This section sets out what is to happen when the Secretary of State receives an extradition request in respect of a person in the United Kingdom who is already the subject of Part 2 proceedings and who has not yet been extradited or discharged (subsection (1)).

358.The Secretary of State has the power, under subsection (2), to order proceedings on one of the requests to be deferred until the other request has been disposed of. In taking this decision the Secretary of State must take into account in particular the factors listed in subsection (3):

  • the relative seriousness of the offences;

  • the place where they were committed;

  • the dates on which the requests were received; and

  • whether each is an accusation or conviction case.

359.Where that Secretary of State has ordered Part 2 proceedings to be deferred under subsection (2) and an order for the person's extradition has already been made, the Secretary of State may order the extradition itself to be deferred pending the disposal of the competing category 2 request (subsection (2)).

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