Extradition

Home Office written question – answered on 24th June 2019.

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Photo of David Drew David Drew Shadow Minister (Environment, Food and Rural Affairs)

To ask the Secretary of State for the Home Department, what the criteria are for his signing an extradition order before the extradition case is heard in court.

Photo of Nick Hurd Nick Hurd The Minister of State, Home Department

When deciding whether to certify an extradition request, the Secretary of State follows the following criteria as set out in Section 70 of the 2003 Extradition Act: -

(1) The Secretary of State must issue a certificate under this section if he receives a valid request for the extradition to a category 2 territory of a person who is in the United Kingdom.

(2) But subsection (1) does not apply if the Secretary of State decides under section 126 that the request is not to be proceeded with.

(3) A request for a person’s extradition is valid if—

(a) it contains the statement referred to in subsection (4), and

(b) it is made in the approved way.

(4) The statement is one that the person—

(a) is accused in the category 2 territory of the commission of an offence specified in the request, or

(b) is alleged to be unlawfully at large after conviction by a court in the cate-gory 2 territory of an offence specified in the request.

(5) A request for extradition to a category 2 territory which is a British over-seas territory is made in the approved way if it is made by or on behalf of the person administering the territory.

(6) A request for extradition to a category 2 territory which is the Hong Kong Special Administrative Region of the People’s Republic of China is made in the approved way if it is made by or on behalf of the government of the Re-gion.

(7) A request for extradition to any other category 2 territory is made in the ap-proved way if it is made—

(a) by an authority of the territory which the Secretary of State believes has the function of making requests for extradition in that territory, or

(b) by a person recognised by the Secretary of State as a diplomatic or consu-lar representative of the territory.

(8) A certificate under this section must certify that the request is made in the approved way.

(9) If a certificate is issued under this section the Secretary of State must send these documents to the appropriate judge—

(a) the request;

(b) the certificate;

(c) a copy of any relevant Order in Council.

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