Extradition Act 2003 Explanatory Notes

Section 93: Secretary of State’s consideration of case

274.This section deals with what happens once a case is sent to the Secretary of State.

275.The Secretary of State is required to consider the case and to order the person's discharge if extradition is prohibited by the provisions of sections 94 to 96 (subsections (2) and (3)). If it is not prohibited he must order the person's extradition unless (subsection (4)):

  • he is informed that the extradition request has been withdrawn;

  • he makes an order for further proceedings on the request to be deferred, by virtue of section 126(2) or 179(2), and the person is discharged under section 180; or

  • he orders the person's discharge for reasons of national security (see section 208).

276.In deciding whether a person's extradition is prohibited, the Secretary of State is not required to consider any representations made by or on behalf of the person after the end of the specified period of time (subsections (5) and (6)). This is six weeks from the appropriate day (see section 102).

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