I2Part 1Extradition to category 1 territories
I1The 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))
19FF1Interpretation of sections 19B to 19E
1
This section applies for the purposes of sections 19B to 19E (and this section).
2
These expressions have the meanings given—
“ D ” has the meaning given in section 19B(1);
“ designated prosecutor ” means—
- a
a member of the Crown Prosecution Service, or
- b
any other person who—
- i
is a prosecutor designated for the purposes of this section by order made by the Secretary of State, or
- ii
is within a description of prosecutors so designated;
- i
- a
“ extradition offence ” means the offence specified in the Part 1 warrant (including the conduct that constitutes the extradition offence);
“ forum proceedings ” has the meaning given in section 19C(1);
“ part of the United Kingdom ” means—
- a
England and Wales;
- b
Scotland;
- c
Northern Ireland;
- a
“ prosecutor ” means a person who has responsibility for prosecuting offences in any part of the United Kingdom (whether or not the person also has other responsibilities);
“ prosecutor's certificate ” has the meaning given in section 19D(1);
“ responsible prosecutor ”, in relation to a prosecutor's certificate, means—
- a
the designated prosecutor giving the certificate, or
- b
another designated prosecutor.
- a
3
In determining for any purpose whether an offence corresponds to the extradition offence, regard must be had, in particular, to the nature and seriousness of the two offences.
4
A reference to a formal decision as to the prosecution of D for an offence is a reference to a decision (made after complying with, in particular, any applicable requirement concerning a code of practice) that D should, or should not, be prosecuted for the offence.
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))