Section 7 Extradition request and authority to proceed.C1

United Kingdom

Subject to the provisions of this Act relating to provisional warrants, a person shall not be dealt with under this Part of this Act except in pursuance of an order of the Secretary of State F1or the Scottish Ministers (in this Act referred to as an “authority to proceed”) issued in pursuance of a request (in this Act referred to as an “extradition request”) for the surrender of a person under this Act made F2to the Secretary of State—

F3(a)

by—

(i)

an authority in a foreign state which appears to the Secretary of State to have the function of making extradition requests in that foreign state, or

(ii)

some person recognised by the Secretary of State as a diplomatic or consular representative of a foreign state; or

(b)

by or on behalf of the Government of a designated Commonwealth country, or the Governor of a colony F4and an extradition request may be made by facsimile transmission and an authority to proceed issued without waiting to receive the originalF5; or.

(c)

by or on behalf of the Government of the Hong Kong Special Administrative Region.

(2)

There shall be furnished with any such request—

(a)

particulars of the person whose return is requested;

(b)

particulars of the offence of which he is accused or was convicted (including evidence F6or, in a case falling within subsection (2A) below, information sufficient to justify the issue of a warrant for his arrest under this Act);

(c)

in the case of a person accused of an offence, a warrant F7or a duly authenticated copy of a warrant for his arrest issued in the foreign state, Commonwealth country or colony F8or in the Hong Kong Special Administrative Region; and

(d)

in the case of a person unlawfully at large after conviction of an offence, a certificate or a duly authenticated copy of a certificate of the conviction and sentence,

and copies of them shall be served on the person whose return is requested before he is brought before the court of committal.

F9(2A)

Where—

(a)

the extradition request is made by a foreign state; and

(b)

an Order in Council falling within section 4(5) above is in force in relation to that state,

it shall be a sufficient compliance with subsection (2)(b) above to furnish information sufficient to justify the issue of a warrant for his arrest under this Act.

(3)

Rules under section 144 of the M1Magistrates’ Courts Act 1980 may make provision as to the procedure for service under subsection (2) above in England and Wales and the High Court of Justiciary may, by Act of Adjournal, make rules as to such procedure in Scotland.

C4(4)

On receipt of any such request the Secretary of State or the Scottish minister may issue an authority to proceed unless it appears to him F10 or them that an order for the return of the person concerned could not lawfully be made, or would not in fact be made, in accordance with the provisions of this Act.

(5)

An authority to proceed shall specify the offence or offences under the law of the United Kingdom which it appears to the Secretary of State or the Scottish Ministers would be constituted by equivalent conduct in the United Kingdom.

(6)

In this section “warrant”, in the case of any foreign state, includes any judicial document authorising the arrest of a person accused of a crime.

F11(7)

Where an extradition request is made by facsimile transmission this Act (including subsection (2) above) shall have effect as if the foreign documents so sent were the originals used to make the transmission and receivable in evidence accordingly.

Annotations

Textual amendments

F1: Words in S. 7(1)(4)(5) inserted (1.7.1999) by S.I. 1999/1750, art. 9(3)(a)(b) (with art. 7) ; S.I. 1998/3178, art. 3
F2: Words in s. 7(1) inserted (10.4.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 37(3)(a)(i); S.I. 1995/721, art. 2, Sch.
F3: S. 7(1)(a) substituted (10.4.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 37(3)(a)(ii); S.I. 1995/721, art. 2, Sch.
F4: Words in s. 7(1)(b) inserted (10.4.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 37(3)(a)(iii); S.I. 1995/721, art. 2, Sch.
F5: S. 7(1)(c) and word "or" inserted (1.7.1997) by S.I. 1997/1178, art. 2, Sch. para. 5(a).
F6: Words in s. 7(2)(b) inserted (3.11.1994) by 1994 c. 33, s. 158(3)(a).
F7: Words in s. 7(2)(c)(d) inserted (10.4.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 37(3)(b); S.I. 1995/721, art. 2, Sch.
F8: Words in s. 7(2)(c) inserted (1.7.1997) by S.I. 1997/1178, art. 2, Sch. para. 5(b).
F9: S. 7(2A) inserted (3.11.1994) by 1994 c. 33, s. 158(3)(b).
F10: Words in s. 7(4) inserted (1.7.1999) by S.I. 1999/1750, art. 9(3)(c) (with art. 7); S.I. 1998/3178, art. 3
F11: S. 7(7) inserted (10.4.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 37(3)(c); S.I. 1995/721, art. 2, Sch.

Marginal citations

M1: 1980 c. 43.

Modifications

C1: S. 7 extended (16.8.2002) (with modifications) by The Extradition (Overseas Territories) Order 2002 (S.I. 2002/1823), art. 2, Schs. 1-4 (as amended (16.8.2002) by S.I. 2002/1825, art. 2, Sch. 2)
C2: S. 7(1)-(5) extended (British Antarctic Territory) (with modifications) (6.7.1992) by S.I. 1992/1300, art. 2, Sch.
C3: S. 7(1): transfer of function (1.7.1999) by S.I. 1999/1750, art. 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3
C4: S. 7(4): transfer of functions (1.7.1999) by S.I. 1999/1750, art. 2, Sch. 1 (with art. 7); S.I. 1998/3178, 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)