I2Part 1Extradition to category 1 territories

Annotations:
Commencement Information
I2

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))

I1The extradition hearing

Annotations:
Commencement Information
I1

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—

    1. a

      a member of the Crown Prosecution Service, or

    2. b

      any other person who—

      1. i

        is a prosecutor designated for the purposes of this section by order made by the Secretary of State, or

      2. ii

        is within a description of prosecutors so designated;

  • 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—

    1. a

      England and Wales;

    2. b

      Scotland;

    3. c

      Northern Ireland;

  • 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—

    1. a

      the designated prosecutor giving the certificate, or

    2. b

      another designated prosecutor.

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.