Police and Justice Act 2006

Restriction on extradition in cases where trial in United Kingdom more appropriate

5 (1) In section 79 (bars to extradition)—

(a) at the end of subsection (1) there is inserted—

“(e) forum.”;

(b) in subsection (2), for “Sections 80 to 83” there is substituted “Sections 80 to 83A”.

(2) After section 83 there is inserted—

“83A Forum

(1) A person’s extradition to a category 2 territory (“the requesting territory”) is barred by reason of forum if (and only if) it appears that—

(a) a significant part of the conduct alleged to constitute the extradition offence is conduct in the United Kingdom, and

(b) in view of that and all the other circumstances, it would not be in the interests of justice for the person to be tried for the offence in the requesting territory.

(2) For the purposes of subsection (1)(b) the judge must take into account whether the relevant prosecution authorities in the United Kingdom have decided not to take proceedings against the person in respect of the conduct in question.

(3) This section does not apply if the person is alleged to be unlawfully at large after conviction of the extradition offence.”