SCHEDULES

SCHEDULE 13Extradition

Part 1Amendments to the Extradition Act 2003

Extradition to category 2 territories: requests and certificates

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(1)

Section 70 (extradition request and certificate) is amended as follows.

(2)

In subsection (1)—

(a)

after “must” there is inserted “ (subject to subsection (2)) ”;

(b)

for the words after “extradition” there is substituted “ of a person to a category 2 territory ”.

(3)

For subsection (2) there is substituted—

“(2)

The Secretary of State may refuse to issue a certificate under this section if—

(a)

he has power under section 126 to order that proceedings on the request be deferred,

(b)

the person whose extradition is requested has been recorded by the Secretary of State as a refugee within the meaning of the Refugee Convention, or

(c)

the person whose extradition is requested has been granted leave to enter or remain in the United Kingdom on the ground that it would be a breach of Article 2 or 3 of the Human Rights Convention to remove him to the territory to which extradition is requested.

(2A)

In subsection (2)—

“Refugee Convention” has the meaning given by section 167(1) of the Immigration and Asylum Act 1999;

“Human Rights Convention” has the meaning given to “the Convention” by section 21(1) of the Human Rights Act 1998.”

(4)

In subsection (8)—

(a)

the words after “must” become paragraph (a) of that subsection;

(b)

at the end of that paragraph there is inserted“, and

(b)

identify the order by which the territory in question is designated as a category 2 territory.”

(5)

In subsection (9), for the words after “send” there is substituted “ the request and the certificate to the appropriate judge ”.