Extradition Act 2003

Evidence

202Receivable documents

(1)A Part 1 warrant may be received in evidence in proceedings under this Act.

(2)Any other document issued in a category 1 territory may be received in evidence in proceedings under this Act if it is duly authenticated.

(3)A document issued in a category 2 territory may be received in evidence in proceedings under this Act if it is duly authenticated.

(4)A document issued in a category 1 or category 2 territory is duly authenticated if (and only if) one of these applies—

(a)it purports to be signed by a judge, magistrate or other judicial authority of the territory;

(b)it purports to be authenticated by the oath or affirmation of a witness.

(5)Subsections (2) and (3) do not prevent a document that is not duly authenticated from being received in evidence in proceedings under this Act.

203Documents sent by facsimile

(1)This section applies if a document to be sent in connection with proceedings under this Act is sent by facsimile transmission.

(2)This Act has effect as if the document received by facsimile transmission were the document used to make the transmission.

204Part 1 warrant: transmission by other electronic means

(1)This section applies if a Part 1 warrant is issued and the information contained in the warrant —

(a)is transmitted to the designated authority by electronic means (other than by facsimile transmission), and

(b)is received by the designated authority in a form in which it is intelligible and which is capable of being used for subsequent reference.

(2)This Act has effect as if the information received by the designated authority were the Part 1 warrant.

(3)A copy of the information received by the designated authority may be received in evidence as if it were the Part 1 warrant.

205Written statements and admissions

(1)The provisions mentioned in subsection (2) apply in relation to proceedings under this Act as they apply in relation to proceedings for an offence.

(2)The provisions are—

(a)section 9 of the Criminal Justice Act 1967 (c. 80) (proof by written statement in criminal proceedings);

(b)section 10 of the Criminal Justice Act 1967 (proof by formal admission in criminal proceedings);

(c)section 1 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (c. 28) (proof by written statement in criminal proceedings);

(d)section 2 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (proof by formal admission in criminal proceedings).

(3)As applied by subsection (1) in relation to proceedings under this Act, section 10 of the Criminal Justice Act 1967 and section 2 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 have effect as if—

(a)references to the defendant were to the person whose extradition is sought (or who has been extradited);

(b)references to the prosecutor were to the category 1 or category 2 territory concerned;

(c)references to the trial were to the proceedings under this Act for the purposes of which the admission is made;

(d)references to subsequent criminal proceedings were to subsequent proceedings under this Act.

206Burden and standard of proof

(1)This section applies if, in proceedings under this Act, a question arises as to burden or standard of proof.

(2)The question must be decided by applying any enactment or rule of law that would apply if the proceedings were proceedings for an offence.

(3)Any enactment or rule of law applied under subsection (2) to proceedings under this Act must be applied as if—

(a)the person whose extradition is sought (or who has been extradited) were accused of an offence;

(b)the category 1 or category 2 territory concerned were the prosecution.

(4)Subsections (2) and (3) are subject to any express provision of this Act.

(5)In this section “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.