Page 1166 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

Basic HTML Version

1154
Uluslararası Adli İşbirliği
the United Kingdom from a category 2 territory to apply to extradition in a case falling within
subsection (1)(c) or (d).
(4) An Order in Council under this section may provide that the provision applied has effect
with specified modifications.
Competing extradition claims
179- Competing claims to extradition
(1) This section applies if at the same time—
(a) there is a Part 1 warrant in respect of a person, a certificate has been issued under
section 2 in respect of the warrant, and the person has not been extradited in pursuance of the
warrant or discharged, and
(b) there is a request for the same person’s extradition, a certificate has been issued
under section 70 in respect of the request, and the person has not been extradited in pursuance
of the request or discharged.
(2) The Secretary of State may—
(a) order proceedings (or further proceedings) on one of them (the warrant or the re-
quest) to be deferred until the other one has been disposed of, if neither the warrant nor the
request has been disposed of;
(b) order the person’s extradition in pursuance of the warrant to be deferred until the
request has been disposed of, if an order for his extradition in pursuance of the warrant has been
made;
(c) order the person’s extradition in pursuance of the request to be deferred until the
warrant has been disposed of, if an order for his extradition in pursuance of the request has been
made.
(3) In applying subsection (2) the Secretary of State must take account in particular of these
matters—
(a) the relative seriousness of the offences concerned;
(b) the place where each offence was committed (or was alleged to have been com-
mitted);
(c) the date when the warrant was issued and the date when the request was received;
(d) whether, in the case of each offence, the person is accused of its commission (but
not alleged to have been convicted) or is alleged to be unlawfully at large after conviction.
(4) If both the certificates referred to in subsection (1) are issued in Scotland, the preceding
provisions of this section apply as if the references to the Secretary of State were to the Scottish