OpenLegislation

Paragraph 7

United Kingdom

(1)

In the case of a fugitive criminal accused of an extradition crime, if the foreign warrant authorising the arrest of such criminal is duly authenticated, and such evidence is produced as (subject to the provisions of this Schedule) would, according to the law of England and Wales, F1make a case requiring an answer by the prisoner if the proceedings were for the trial in England and Wales of an information for the crime, the F2District Judge (Magistrates’ Courts)shall commit him to prison, but otherwise shall order him to be discharged.

(2)

In the case of a fugitive criminal alleged to have been convicted of an extradition crime, if such evidence is produced as (subject to the provisions of this Schedule) would, according to the law of England and Wales, prove that the prisoner was convicted of such crime, the District Judge (Magistrates’ Courts) shall commit him to prison, but otherwise shall order him to be discharged.

(3)

If he commits such criminal to prison, he shall commit him there to await the warrant of the Secretary of State for his surrender, and shall forthwith send to the Secretary of State a certificate of the committal, and such report upon the case as he may think fit.

Annotations

Textual amendments

F1

Words in Sch. 1 para. 7(1) substituted (1.4.1997) by 1994 c. 33, s. 158(8)(c); S.I. 1997/882, art. 3.

F2

Words in Sch. 1 para. 7(1)(2) substituted (31.8.2000) by 1999 c. 22, s. 78, Sch. 11 para. 36(1)(2) (with s. 107, Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3

Notes on the whole Act

Textual amendments

F1

Act repealed (1.1.2004) by Extradition Act 2003 (c. 41), ss. 218(b), 220, 221, Sch. 4; S.I. 2003/3103, art. 2 (with savings in arts. 3-5 (as amended by S.I. 2003/3258 and S.I. 2003/3312)); Act amended (as so saved) by Courts Act 2003 (c. 39), Sch. 8 paras. 324-330; S.I. 2004/2066, art. 2(c)(xiv) (with art. 3); S.I. 2005/910, art. 3(y); Act further amended by Constitutional Reform Act 2005 (c. 4), Sch. 9 para. 52, Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

Notes on Schedule 1

Modifications

C1

Sch. 1 amended (1.9.2001) by 2001 c. 17, s. 71 (with ss. 56(2), 63(2), 78); S.I. 2001/2161, art. 2

C2

Sch. 1 (paras. 1-20) applied by S.I. 1991/1699, art. 2.

Sch. 1 (paras. 1-20) applied by S.I. 1991/1701, art. 2.

Sch. 1 (paras. 1-20) applied by S.I. 1991/1702, arts. 2 and 3.

C3

Sch. 1 (paras. 1-20) applied by S.I. 1991/1720, art. 2.

C4

Sch. 1 applied (with modifications) (27.1.1993) by S.I. 1992/3200, arts. 2,3

Sch. 1 applied (1.9.1997) by S.I. 1997/1760, art. 2(1)(b)(2)(b)

Sch. 1 applied (1.9.1997) by S.I. 1997/1762, art. 2(2)

Sch. 1 applied (1.9.1997) by S.I. 1997/1763, art. 2(2)

Sch. 1 applied (1.9.1997) by S.I. 1997/1764, art. 2(2)

Sch. 1 applied (1.9.1997) by S.I. 1997/1765, art. 2(2)

Sch. 1 applied (1.9.1997) by S.I. 1997/1766, art. 2(1)(b)(2)(b)

Sch. 1 applied (1.9.1997) by S.I. 1997/1767, art. 2(2)

Sch. 1 applied (1.9.1997) by S.I. 1997/1768, art. 2(2)

Sch. 1 applied (1.9.1997) by S.I. 1997/1769, art. 2(2)

Sch. 1 applied (27.8.2002) by S.I. 2002/1831, art. 2, Sch. 2