Page 1045 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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1033
Kanunları ve Tercümeleri
(3) If the judge decides the question in subsection (2) in the negative he must order the
person’s discharge.
(4) If the judge decides that question in the affirmative he must proceed under section 11.
11- Bars to extradition
(1) If the judge is required to proceed under this section he must decide whether the person’s
extradition to the category 1 territory is barred by reason of—
(a) the rule against double jeopardy;
(b) extraneous considerations;
(c) the passage of time;
(d) the person’s age;
(e) hostage-taking considerations;
(f ) speciality;
(g) the person’s earlier extradition to the United Kingdom from another category 1
territory;
(h) the person’s earlier extradition to the United Kingdom from a noncategory 1 terri-
tory.
(2) Sections 12 to 19 apply for the interpretation of subsection (1).
(3) If the judge decides any of the questions in subsection (1) in the affirmative he must order
the person’s discharge.
(4) If the judge decides those questions in the negative and the person is alleged to be unlaw-
fully at large after conviction of the extradition offence, the judge must proceed under section 20.
(5) If the judge decides those questions in the negative and the person is accused of the com-
mission of the extradition offence but is not alleged to be unlawfully at large after conviction of it,
the judge must proceed under section 21.
12- Rule against double jeopardy
A person’s extradition to a category 1 territory is barred by reason of the rule against double
jeopardy if (and only if ) it appears that he would be entitled to be discharged under any rule of
law relating to previous acquittal or conviction on the assumption—
(a) that the conduct constituting the extradition offence constituted an offence in the