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I3Part 1Extradition to category 1 territories

Annotations:
Commencement Information
I3

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))

I2The extradition hearing

Annotations:
Commencement Information
I2

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))

17I1Speciality

1

A person’s extradition to a category 1 territory is barred by reason of speciality if (and only if) there are no speciality arrangements with the category 1 territory.

2

There are speciality arrangements with a category 1 territory if, under the law of that territory or arrangements made between it and the United Kingdom, a person who is extradited to the territory from the United Kingdom may be dealt with in the territory for an offence committed before his extradition only if—

a

the offence is one falling within subsection (3), or

b

the condition in subsection (4) is satisfied.

3

The offences are—

a

the offence in respect of which the person is extradited;

b

an extradition offence disclosed by the same facts as that offence;

c

an extradition offence in respect of which the appropriate judge gives his consent under section 55 to the person being dealt with;

d

an offence which is not punishable with imprisonment or another form of detention;

e

an offence in respect of which the person will not be detained in connection with his trial, sentence or appeal;

f

an offence in respect of which the person waives the right that he would have (but for this paragraph) not to be dealt with for the offence.

4

The condition is that the person is given an opportunity to leave the category 1 territory and—

a

he does not do so before the end of the permitted period, or

b

if he does so before the end of the permitted period, he returns there.

5

The permitted period is 45 days starting with the day on which the person arrives in the category 1 territory.

6

Arrangements made with a category 1 territory which is a Commonwealth country or a British overseas territory may be made for a particular case or more generally.

7

A certificate issued by or under the authority of the Secretary of State confirming the existence of arrangements with a category 1 territory which is a Commonwealth country or a British overseas territory and stating the terms of the arrangements is conclusive evidence of those matters.