Section 92 Case sent to Secretary of StateI1

United Kingdom

(1)

This section applies if the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited.

(2)

The judge must inform the person in ordinary language that—

(a)

he has a right to appeal to the High Court;

(b)

if he exercises the right the appeal will not be heard until the Secretary of State has made his decision.

(3)

But subsection (2) does not apply if the person has consented to his extradition under section 127.

(4)

The judge must remand the person in custody or on bail—

(a)

to wait for the Secretary of State’s decision, and

(b)

to wait for his extradition to the territory to which extradition is requested (if the Secretary of State orders him to be extradited).

(5)

F1If the person is remanded in custody, the appropriate judge may later grant bail.

Annotations

Textual amendments

F1: Words in s. 92(5) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 16; S.I. 2006/3364, art. 2(d)(e)

Commencement

I1: Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Notes on Part 2

Commencement

I1: Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Notes on The extradition hearing

Commencement

I1: Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))