I3Part 1Extradition to category 1 territories
I2The 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))
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.
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))