Extradition Act 2003

Post-extradition matters

54Request for consent to other offence being dealt with

(1)This section applies if—

(a)a person is extradited to a category 1 territory in respect of an offence in accordance with this Part;

(b)the appropriate judge receives a request for consent to the person being dealt with in the territory for another offence;

(c)the request is certified under this section by the designated authority.

(2)The designated authority may certify a request for consent under this section if it believes that the authority making the request—

(a)is a judicial authority of the territory, and

(b)has the function of making requests for the consent referred to in subsection (1)(b) in that territory.

(3)A certificate under subsection (2) must certify that the authority making the request falls within paragraphs (a) and (b) of that subsection.

(4)The judge must serve notice on the person that he has received the request for consent, unless he is satisfied that it would not be practicable to do so.

(5)The consent hearing must begin before the end of the required period, which is 21 days starting with the day on which the request for consent is received by the designated authority.

(6)The judge may extend the required period if he believes it to be in the interests of justice to do so; and this subsection may apply more than once.

(7)The power in subsection (6) may be exercised even after the end of the required period.

(8)If the consent hearing does not begin before the end of the required period and the judge does not exercise the power in subsection (6) to extend the period, he must refuse consent.

(9)The judge may at any time adjourn the consent hearing.

(10)The consent hearing is the hearing at which the judge is to consider the request for consent.

55Questions for decision at consent hearing

(1)At the consent hearing under section 54 the judge must decide whether consent is required to the person being dealt with in the territory for the offence for which consent is requested.

(2)If the judge decides the question in subsection (1) in the negative he must inform the authority making the request of his decision.

(3)If the judge decides that question in the affirmative he must decide whether the offence for which consent is requested is an extradition offence.

(4)If the judge decides the question in subsection (3) in the negative he must refuse consent.

(5)If the judge decides that question in the affirmative he must decide whether he would order the person’s extradition under sections 11 to 25 if—

(a)the person were in the United Kingdom, and

(b)the judge were required to proceed under section 11 in respect of the offence for which consent is requested.

(6)If the judge decides the question in subsection (5) in the affirmative he must give consent.

(7)If the judge decides that question in the negative he must refuse consent.

(8)Consent is not required to the person being dealt with in the territory for the offence if the person has been given an opportunity to leave the territory and—

(a)he has not done so before the end of the permitted period, or

(b)if he did so before the end of the permitted period, he has returned there.

(9)The permitted period is 45 days starting with the day on which the person arrived in the territory following his extradition there in accordance with this Part.

(10)Subject to subsection (8), the judge must decide whether consent is required to the person being dealt with in the territory for the offence by reference to what appears to him to be the law of the territory or arrangements made between the territory and the United Kingdom.

56Request for consent to further extradition to category 1 territory

(1)This section applies if—

(a)a person is extradited to a category 1 territory (the requesting territory) in accordance with this Part;

(b)the appropriate judge receives a request for consent to the person’s extradition to another category 1 territory for an offence;

(c)the request is certified under this section by the designated authority.

(2)The designated authority may certify a request for consent under this section if it believes that the authority making the request—

(a)is a judicial authority of the requesting territory, and

(b)has the function of making requests for the consent referred to in subsection (1)(b) in that territory.

(3)A certificate under subsection (2) must certify that the authority making the request falls within paragraphs (a) and (b) of that subsection.

(4)The judge must serve notice on the person that he has received the request for consent, unless he is satisfied that it would not be practicable to do so.

(5)The consent hearing must begin before the end of the required period, which is 21 days starting with the day on which the request for consent is received by the designated authority.

(6)The judge may extend the required period if he believes it to be in the interests of justice to do so; and this subsection may apply more than once.

(7)The power in subsection (6) may be exercised even after the end of the required period.

(8)If the consent hearing does not begin before the end of the required period and the judge does not exercise the power in subsection (6) to extend the period, he must refuse consent.

(9)The judge may at any time adjourn the consent hearing.

(10)The consent hearing is the hearing at which the judge is to consider the request for consent.

57Questions for decision at consent hearing

(1)At the consent hearing under section 56 the judge must decide whether consent is required to the person’s extradition to the other category 1 territory for the offence.

(2)If the judge decides the question in subsection (1) in the negative he must inform the authority making the request of his decision.

(3)If the judge decides that question in the affirmative he must decide whether the offence is an extradition offence in relation to the category 1 territory referred to in section 56(1)(b).

(4)If the judge decides the question in subsection (3) in the negative he must refuse consent.

(5)If the judge decides that question in the affirmative he must decide whether he would order the person’s extradition under sections 11 to 25 if—

(a)the person were in the United Kingdom, and

(b)the judge were required to proceed under section 11 in respect of the offence for which consent is requested.

(6)If the judge decides the question in subsection (5) in the affirmative he must give consent.

(7)If the judge decides that question in the negative he must refuse consent.

(8)Consent is not required to the person’s extradition to the other territory for the offence if the person has been given an opportunity to leave the requesting territory and—

(a)he has not done so before the end of the permitted period, or

(b)if he did so before the end of the permitted period, he has returned there.

(9)The permitted period is 45 days starting with the day on which the person arrived in the requesting territory following his extradition there in accordance with this Part.

(10)Subject to subsection (8), the judge must decide whether consent is required to the person’s extradition to the other territory for the offence by reference to what appears to him to be the arrangements made between the requesting territory and the United Kingdom.

58Consent to further extradition to category 2 territory

(1)This section applies if—

(a)a person is extradited to a category 1 territory (the requesting territory) in accordance with this Part;

(b)the Secretary of State receives a request for consent to the person’s extradition to a category 2 territory for an offence;

(c)the request is certified under this section by the designated authority.

(2)The designated authority may certify a request for consent under this section if it believes that the authority making the request—

(a)is a judicial authority of the requesting territory, and

(b)has the function of making requests for the consent referred to in subsection (1)(b) in that territory.

(3)A certificate under subsection (2) must certify that the authority making the request falls within paragraphs (a) and (b) of that subsection.

(4)The Secretary of State must serve notice on the person that he has received the request for consent, unless he is satisfied that it would not be practicable to do so.

(5)The Secretary of State must decide whether the offence is an extradition offence within the meaning given by section 137 in relation to the category 2 territory.

(6)If the Secretary of State decides the question in subsection (5) in the negative he must refuse consent.

(7)If the Secretary of State decides that question in the affirmative he must decide whether the appropriate judge would send the case to him (for his decision whether the person was to be extradited) under sections 79 to 91 if—

(a)the person were in the United Kingdom, and

(b)the judge were required to proceed under section 79 in respect of the offence for which the Secretary of State’s consent is requested.

(8)If the Secretary of State decides the question in subsection (7) in the negative he must refuse his consent.

(9)If the Secretary of State decides that question in the affirmative he must decide whether, if the person were in the United Kingdom, his extradition to the category 2 territory in respect of the offence would be prohibited under section 94, 95 or 96.

(10)If the Secretary of State decides the question in subsection (9) in the negative he may give consent.

(11)If the Secretary of State decides that question in the affirmative he must refuse consent.

(12)This section applies in relation to any function which falls under this section to be exercised in relation to Scotland only as if the references in this section to the Secretary of State were to the Scottish Ministers.

59Return of person to serve remainder of sentence

(1)This section applies if—

(a)a person who is serving a sentence of imprisonment or another form of detention in the United Kingdom is extradited to a category 1 territory in accordance with this Part;

(b)the person is returned to the United Kingdom to serve the remainder of his sentence.

(2)The person is liable to be detained in pursuance of his sentence.

(3)If he is at large he must be treated as being unlawfully at large.

(4)Time during which the person was not in the United Kingdom as a result of his extradition does not count as time served by him as part of his sentence.

(5)But subsection (4) does not apply if—

(a)the person was extradited for the purpose of being prosecuted for an offence, and

(b)the person has not been convicted of the offence or of any other offence in respect of which he was permitted to be dealt with in the category 1 territory.

(6)In a case falling within subsection (5), time during which the person was not in the United Kingdom as a result of his extradition counts as time served by him as part of his sentence if (and only if) it was spent in custody in connection with the offence or any other offence in respect of which he was permitted to be dealt with in the territory.