Section 90: Competing extradition claim
265.This section addresses the situation where a category 2 extradition request or a Part 1 warrant is received while a different extradition request from a category 2 territory (in respect of the same person) is already under consideration and has yet to be disposed of.
266.Subsection (1) explains that this section applies when a judge is notified at any time during the extradition hearing either that the conditions are met with regard to a competing category 2 extradition request or that the conditions are met with regard to a competing Part 1 warrant.
267.The conditions concerning a competing category 2 request are that (subsection (2)):
the Secretary of State has received another valid request from a category 2 territory for the extradition of the same person;
this competing request has not yet been disposed of; and
the Secretary of State has made an order under section 126(2) that proceedings on the request under consideration are to be deferred pending the disposal of the competing request.
268.The conditions concerning a competing Part 1 warrant are that (subsection (3)):
a Part 1 warrant, issued in respect of the same person, has been certified under section 2;
the warrant has not yet been disposed of; and
the Secretary of State has made an order under section 179(2) that proceedings on the request under consideration are to be deferred pending the disposal of the competing request.
269.In either situation subsection (4) requires the judge to remand the person in custody or on bail. If the person is remanded in custody he may later be granted bail (subsection (5)).
