The Criminal Procedure Rules 2020

SECTION 4: POST-EXTRADITION PROCEEDINGS E+W

Application for consent to deal with another offence or for consent to further extradition E+W

50.32.—(1) This rule applies where—

(a) a defendant has been extradited to a territory under Part 1 of the Extradition Act 2003(1); and

(b) the court officer receives from the authority designated by the Secretary of State a request for the court’s consent to—

(i) the defendant being dealt with in that territory for an offence other than one in respect of which the extradition there took place, or

(ii) the defendant’s further extradition from there to another such territory for an offence.

(2) The presenting officer must serve on the court officer—

(a) the request; and

(b) a certificate given by the designated authority that the request was made by a judicial authority with the function of making such requests in the territory to which the defendant was extradited.

(3) The court must—

(a) give directions for service by a party or other person on the defendant of notice that the request for consent has been received, unless satisfied that it would not be practicable for such notice to be served;

(b) give directions for a hearing to consider the request to begin—

(i) no more than 21 days after the request was received by the designated authority, or

(ii) at such a later date as the court decides is in the interests of justice; and

(c) give such directions as are required for the preparation and conduct of that hearing.

(4) At the hearing directed under paragraph (3), in the following sequence the court must decide—

(a) whether the consent requested is required, having regard to—

(i) any opportunity given for the defendant to leave the requesting territory after extradition which the defendant did not take within 45 days of arrival there,

(ii) if the defendant did not take such an opportunity, any requirements for consent imposed by the law of the requesting territory or by arrangements between that territory and the United Kingdom where the request is for consent to deal with the defendant in that territory for another offence, and

(iii) if the defendant did not take such an opportunity, any requirements for consent imposed by arrangements between the requesting territory and the United Kingdom where the request is for consent to extradite the defendant to another territory for an offence; and

(b) if such consent is required, then—

(i) whether the offence in respect of which consent is requested is an extradition offence, and

(ii) if it is, whether the court would order the defendant’s extradition under sections 11 to 25 of the Extradition Act 2003 (bars to extradition and other considerations) were the defendant in the United Kingdom and the court was considering extradition for that offence.

(5) The court must give directions for notice of its decision to be conveyed to the authority which made the request.

(6) Rules 50.3 (Exercise of magistrates’ court’s powers) and 50.4 (Case management in the magistrates’ court and duty of court officer) apply on an application under this rule.

[Note. See sections 54, 55, 56 and 57 of the Extradition Act 2003(2).]

Commencement Information

I1 Rule 50.32 in force at 5.10.2020, see Preamble

(1)

2003 c. 41.

(2)

2003 c. 41.