Part 2U.K.Category 2 territories
Commencement Information
I1Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
8U.K.In section 78, omit subsections (2), (3), (5) and (8).
Commencement Information
I2Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
9U.K.In section 78, for subsection (4) substitute—
“(4)The judge must decide whether the offence specified in the request is an extradition offence.”
Commencement Information
I3Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
10U.K.In section 78(6), for “any of the questions” substitute “ the question ”.
Commencement Information
I4Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
11U.K.In section 78(7), for “those questions” substitute “ that question ”.
Commencement Information
I5Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
12U.K.In section 79(1), omit paragraph (c).
Commencement Information
I6Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
13U.K.Omit section 82.
Commencement Information
I7Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
14U.K.In section 87(3), for the words from “must send the case” to “extradited” substitute “ may order the person to be extradited to the category 2 territory ”.
Commencement Information
I8Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
15U.K.In section 87, after subsection (3) insert—
“(4)If the judge makes an order under subsection (3) he must remand the person in custody or on bail to wait for his extradition to the territory.
(5)[F1If the person is remanded in custody, the appropriate judge may]F1 later grant bail.”
Textual Amendments
F1Words in Sch. 1 para. 15 substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 16; S.I. 2006/3364, art. 2(d)(e)
Commencement Information
I9Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
16U.K.In section 103(1)—
(a)for the words from “sends a case” to “extradited” substitute “ orders a person’s extradition under this Part ”; and
(b)for “the relevant decision” substitute “ the order ”.
Commencement Information
I10Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
17U.K.In section 103(2), for the words from “the person” to “the Secretary of State” substitute “ the order is made under section 128 ”.
Commencement Information
I11Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
18U.K.In section 103, omit subsections (3), (5), (6), (7) and (8).
Commencement Information
I12Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
19U.K.In section 103(9), for the words from “the Secretary of State” to “person” substitute “ the order is made ”.
Commencement Information
I13Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
20U.K.In section 104, omit subsections (1)(b), (6) and (7).
Commencement Information
I14Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
21U.K.In section 106, omit subsections (1)(b), (7) and (8).
Commencement Information
I15Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
22U.K.In section 117(1)(a), for “the Secretary of State” substitute “ the appropriate judge ”.
Commencement Information
I16Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
23U.K.In section 117(1)(b), for the words from “permitted period” to “extradition” substitute “ period permitted under that section ”.
Commencement Information
I17Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
24U.K.In section 117, after subsection (1) insert—
“(1A)But this section does not apply if the order is made under section 128.”
Commencement Information
I18Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
25U.K.In section 117(2), for “the Secretary of State” substitute “ the judge ”.
Commencement Information
I19Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
26U.K.In section 119(1)(a), for “the Secretary of State” substitute “ the appropriate judge ”.
Commencement Information
I20Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
27U.K.In section 119, in subsections (2) to (6) and in each place in subsection (7), for “the Secretary of State” substitute “ the judge ”.
Commencement Information
I21Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
28U.K.In section 120, after subsection (1) insert—
“(1A)But this section does not apply if the order for the person’s extradition is made under section 128.”
Commencement Information
I22Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
29U.K.In section 121(2)(a), for “a certificate is issued under section 70 in respect of the request” substitute “ the person would (apart from section 187(1)) be released from detention pursuant to the UK sentence (whether or not on licence) ”.
Commencement Information
I23Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
30U.K.In section 127(1), for the words from “arrested” to “requested” substitute “ brought before the appropriate judge under section 187(1) may consent to his extradition to the territory in which the overseas sentence was imposed ”.
Commencement Information
I24Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
31U.K.In section 127(3), before paragraph (a) insert—
“(aa)must be given before the appropriate judge;”.
Commencement Information
I25Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
32U.K.In section 127, omit subsections (4) and (5).
Commencement Information
I26Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
33U.K.In section 128, after subsection (1) insert—
“(1A)The judge must remand the person in custody or on bail.
(1B)[F2If the person is remanded in custody, the appropriate judge may]F2 later grant bail.”
Textual Amendments
F2Words in Sch. 1 para. 33 substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 16; S.I. 2006/3364, art. 2(d)(e)
Commencement Information
I27Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
34U.K.In section 128(4), for the words from “send the case” to “extradited” substitute “ within the period of 10 days starting with the day on which consent is given order the person’s extradition to the category 2 territory ”.
Commencement Information
I28Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
35U.K.In section 128, after subsection (5) insert—
“(6)Subsection (4) has effect subject to section 128B.
(7)If subsection (4) is not complied with and the person applies to the judge to be discharged the judge must order his discharge.”
Commencement Information
I29Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
36U.K.After section 128 insert—
“128AExtradition to category 2 territory following consent
(1)This section applies if the appropriate judge makes an order under section 128(4) for a person’s extradition to a category 2 territory.
(2)The person must be extradited to the category 2 territory before the end of the required period, which is 28 days starting with the day on which the order is made.
(3)If subsection (2) is not complied with and the person applies to the judge to be discharged the judge must order his discharge, unless reasonable cause is shown for the delay.
128BExtradition claim following consent
(1)This section applies if—
(a)a person consents under section 127 to his extradition to a category 2 territory, and
(b)before the judge orders his extradition under section 128(4), 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.
(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.
(4)The judge must not make an order under section 128(4) until he is informed what order has been made under section 126(2) or 179(2).
(5)If the order under section 126(2) or 179(2) is for further proceedings on the request under consideration to be deferred until the other request, or the warrant, has been disposed of, the judge must remand the person in custody or on bail.
(6)[F3If the person is remanded in custody, the appropriate judge may]F3 later grant bail.
(7)If—
(a)the order under section 126(2) or 179(2) is for further proceedings on the request under consideration to be deferred until the other request, or the warrant, has been disposed of, and
(b)an order is made under section 180 for proceedings on the request under consideration to be resumed,
the period specified in section 128(4) must be taken to be 10 days starting with the day on which the order under section 180 is made.
(8)If the order under section 126(2) or 179(2) is for further proceedings on the other request, or the warrant, to be deferred until the request under consideration has been disposed of, the period specified in section 128(4) must be taken to be 10 days starting with the day on which the judge is informed of the order.
128CExtradition following deferral for competing claim
(1)This section applies if—
(a)an order is made under section 128(4) for a person to be extradited to a category 2 territory in pursuance of a request for his extradition;
(b)before the person is extradited to the territory an order is made under section 126(2) or 179(2) for the person’s extradition in pursuance of the request to be deferred;
(c)the appropriate judge makes an order under section 181(2) for the person’s extradition in pursuance of the request to cease to be deferred.
(2)The required period for the purposes of section 128A(2) is 28 days starting with the day on which the order under section 181(2) is made.”
Textual Amendments
F3Words in Sch. 1 para. 36 substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 16; S.I. 2006/3364, art. 2(d)(e)
Commencement Information
I30Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))