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Extradition Act 2003

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This is the original version (as it was originally enacted).

79Bars to extradition

This section has no associated Explanatory Notes

(1)If the judge is required to proceed under this section he must decide whether the person’s extradition to the category 2 territory is barred by reason of—

(a)the rule against double jeopardy;

(b)extraneous considerations;

(c)the passage of time;

(d)hostage-taking considerations.

(2)Sections 80 to 83 apply for the interpretation of subsection (1).

(3)If the judge decides any of the questions in subsection (1) in the affirmative he must order the person’s discharge.

(4)If the judge decides those questions in the negative and the person is accused of the commission of the extradition offence but is not alleged to be unlawfully at large after conviction of it, the judge must proceed under section 84.

(5)If the judge decides those questions in the negative and the person is alleged to be unlawfully at large after conviction of the extradition offence, the judge must proceed under section 85.

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