I2Part 1Extradition to category 1 territories
I1The extradition hearing
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))
12AF1Absence of prosecution decision
1
A person's extradition to a category 1 territory is barred by reason of absence of prosecution decision if (and only if)—
a
it appears to the appropriate judge that there are reasonable grounds for believing that—
i
the competent authorities in the category 1 territory have not made a decision to charge or have not made a decision to try (or have made neither of those decisions), and
ii
the person's absence from the category 1 territory is not the sole reason for that failure,
and
b
those representing the category 1 territory do not prove that—
i
the competent authorities in the category 1 territory have made a decision to charge and a decision to try, or
ii
in a case where one of those decisions has not been made (or neither of them has been made), the person's absence from the category 1 territory is the sole reason for that failure.
2
In this section “to charge” and “to try”, in relation to a person and an extradition offence, mean—
a
to charge the person with the offence in the category 1 territory, and
b
to try the person for the offence in the category 1 territory.
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))