Commencement Information
I1Act 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))
Commencement Information
I2Act 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))
(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.
Commencement Information
I3Act 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))