SCHEDULES

SCHEDULE 13Extradition

Part 1Amendments to the Extradition Act 2003

Extradition to category 2 territories: requests and certificates

I117

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 ”.