The Criminal Procedure Rules 2020

SECTION 1: GENERAL RULES

When this Part applies

50.1.—(1) This Part applies to extradition under Part 1 or Part 2 of the Extradition Act 2003(1).

(2) Section 2 of this Part applies to proceedings in a magistrates’ court, and in that Section—

(a) rules 50.3 to 50.7, 50.15 and 50.16 apply to extradition under Part 1 of the Act; and

(b) rules 50.3, 50.4 and 50.8 to 50.16 apply to extradition under Part 2 of the Act.

(3) Section 3 of this Part applies where—

(a) a party wants to appeal to the High Court against an order by the magistrates’ court or by the Secretary of State; and

(b) a party to an appeal to the High Court wants to appeal further to the Supreme Court under—

(i) section 32 of the Act (appeal under Part 1 of the Act), or

(ii) section 114 of the Act (appeal under Part 2 of the Act).

(4) Section 4 of this Part applies to proceedings in a magistrates’ court under—

(a) sections 54 and 55 of the Act (Request for consent to other offence being dealt with; Questions for decision at consent hearing); and

(b) sections 56 and 57 of the Act (Request for consent to further extradition to category 1 territory; Questions for decision at consent hearing).

(5) In this Part, and for the purposes of this Part in other rules—

(a) ‘magistrates’ court’ means a District Judge (Magistrates’ Courts) exercising the powers to which Section 2 of this Part applies;

(b) ‘presenting officer’ means an officer of the National Crime Agency, a police officer, a prosecutor or other person representing an authority or territory seeking the extradition of a defendant; and

(c) ‘defendant’ means a person arrested under Part 1 or Part 2 of the Extradition Act 2003.

[Note. The Extradition Act 2003 provides for the extradition of a person accused or convicted of a crime to the territory within which that person is accused, was convicted or is to serve a sentence.

Under Part 1 of the Act (sections 1 to 68), the magistrates’ court may give effect to a warrant for arrest issued by an authority in a territory designated for the purposes of that Part, including a Member State of the European Union.

Under Part 2 of the Act (sections 69 to 141), the magistrates’ court and the Secretary of State may give effect to a request for extradition made under a treaty between the United Kingdom and the requesting territory.

Under sections 67 and 139 of the Extradition Act 2003(2), a District Judge (Magistrates’ Courts) must be designated for the purposes of the Act to exercise the powers to which Section 2 of this Part applies.

There are rights of appeal to the High Court from decisions of the magistrates’ court and of the Secretary of State: see Section 3 of this Part.]

Special objective in extradition proceedings

50.2.  When exercising a power to which this Part applies, as well as furthering the overriding objective, in accordance with rule 1.3, the court must have regard to the importance of—

(a) mutual confidence and recognition between judicial authorities in the United Kingdom and in requesting territories; and

(b) the conduct of extradition proceedings in accordance with international obligations, including obligations to deal swiftly with extradition requests.

(1)

2003 c. 41.

(2)

2003 c. 41; sections 67 and 139 were amended by section 15 of, and paragraphs 352 and 353 of Schedule 4 to, the Constitutional Reform Act 2005 (c. 4) and section 42 of, and paragraph 15 of Schedule 13 to, the Police and Justice Act 2006 (c. 48).