I32SCHEDULES
I31SCHEDULE 1Re-extradition: modifications
I30Part 2Category 2 territories
Act 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))
I18
In section 78, omit subsections (2), (3), (5) and (8).
I29
In section 78, for subsection (4) substitute—
4
The judge must decide whether the offence specified in the request is an extradition offence.
I310
In section 78(6), for “any of the questions” substitute “
the question
”
.
I411
In section 78(7), for “those questions” substitute “
that question
”
.
I512
In section 79(1), omit paragraph (c).
I613
Omit section 82.
I714
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
”
.
I815
I916
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
”
.
I1017
In section 103(2), for the words from “the person” to “the Secretary of State” substitute “
the order is made under section 128
”
.
I1118
In section 103, omit subsections (3), (5), (6), (7) and (8).
I1219
In section 103(9), for the words from “the Secretary of State” to “person” substitute “
the order is made
”
.
I1320
In section 104, omit subsections (1)(b), (6) and (7).
I1421
In section 106, omit subsections (1)(b), (7) and (8).
I1522
In section 117(1)(a), for “the Secretary of State” substitute “
the appropriate judge
”
.
I1623
In section 117(1)(b), for the words from “permitted period” to “extradition” substitute “
period permitted under that section
”
.
I1724
In section 117, after subsection (1) insert—
1A
But this section does not apply if the order is made under section 128.
I1825
In section 117(2), for “the Secretary of State” substitute “
the judge
”
.
I1926
In section 119(1)(a), for “the Secretary of State” substitute “
the appropriate judge
”
.
I2027
In section 119, in subsections (2) to (6) and in each place in subsection (7), for “the Secretary of State” substitute “
the judge
”
.
I2128
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.
I2229
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)
”
.
I2330
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
”
.
I2431
In section 127(3), before paragraph (a) insert—
aa
must be given before the appropriate judge;
I2532
In section 127, omit subsections (4) and (5).
I2633
I2734
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
”
.
I2835
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.
I2936
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
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.
Act 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))