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1082
Uluslararası Adli İşbirliği
79- 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 2 territory is barred by reason of—
(a) the rule against double jeopardy;
(b) extraneous considerations;
(c) the passage of time;
(d) hostage-taking considerations.
(2) Sections 80 to 83 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 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 84.
(5) 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 85.
80- Rule against double jeopardy
A person’s extradition to a category 2 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 if he were charged with the extradition offence in
the part of the United Kingdom where the judge exercises his jurisdiction.
81- Extraneous considerations
A person’s extradition to a category 2 territory is barred by reason of extraneous considerati-
ons if (and only if ) it appears that—
(a) the request for his extradition (though purporting to be made on account of the
extradition offence) is in fact made for the purpose of prosecuting or punishing him on account
of his race, religion, nationality, gender, sexual orientation or political opinions, or
(b) if extradited he might be prejudiced at his trial or punished, detained or restricted
in his personal liberty by reason of his race, religion, nationality, gender, sexual orientation or
political opinions.