actually, pinocchio, she stated she could not give me any details of the case, had you read the email. Too bad Canada doesn't have the same laws.
Export extradition to category 2 territories
Part 2 of the Extradition Act, in conjunction with any applicable extradition instrument, regulates export extradition from the United Kingdom to category 2 territories. These are states outside the European Union. At present there are almost 100 states designated as category 2 territories.
Upon receipt of a an extradition request from a category 2 territory the Secretary of State for the Home Department, acting on the advice of the Home Offices Judicial Co-operation Unit, must decide whether or not to certify the extradition request.
Requirements for certification are similar but not identical to those imposed for category 1 territories. Having certified the request, documents are sent from the Home Office to City of Westminster Magistrates Court.
The CPS acts as the representative of the requesting state in category 2 cases (as for category 1 territories), and all proceedings are heard at City of Westminster Magistrates Court.
On receipt of papers a district judge at this court decides whether or not to issue an arrest warrant for the wanted person. The judge must have reasonable grounds to believe that the offence is an extraditable offence, which is defined in sections 137 and 138 of the Act and is similar to the provisions for category 1 territories. A second requirement in accordance with section 71 of the Act is, in simple terms, that depending on the state concerned, the judge must also have reasonable grounds for believing that evidence or information contained in the request would in an analogous domestic case justify the issue of a warrant for the persons arrest.
If the judge issues a warrant, the person may be arrested by a constable who does not need to have the warrant with him at the time of arrest. After arrest the person is brought to City of Westminster Magistrates Court as soon as practicable.
At the first court hearing the district judge informs the person about the content of the extradition request; explains to the person that he may consent to his extradition; fixes a date for the start of the extradition hearing, within 2 months from the date of the first appearance; and decides whether to bail the person or remand him in custody till the extradition hearing.
As with category 1 territories, provisional arrest is also possible with requests from category 2 territories, in accordance with sections 73 and 74 of the Act.
At the extradition hearing the judge must decide a number of issues: whether the documentation sent to the court by the Secretary of State complies with the Act; whether the individual arrested is the person named on the warrant; whether the offence detailed in the request is an extradition offence; be satisfied that the person has been given the necessary documentation including copies of the request and the Secretary of States certificate; whether any of the bars to extradition apply; and, whether the extradition would be compatible with the person's rights under the European Convention on Human Rights.
Additionally, and for certain states only, section 84 of the Act requires the judge to decide if there is sufficient evidence which would make a case requiring an answer by the person if the proceedings were the summary trial of an information against him. Section 84 does not apply for a number of states that have been designated by the Secretary of State, including the following: Albania, Andorra, Armenia, Australia, Azerbaijan, Bosnia and Herzegovina, Canada, Croatia, Georgia, Iceland, Israel, Liechtenstein, Macedonia FYR, Moldova, Montenegro, New Zealand, Norway, Russian Federation, Serbia, South Africa, Switzerland, Turkey, Ukraine and the United States of America.
If the district judge is satisfied on all the above issues at the extradition hearing, the judge must send the case to the Secretary of State.
The Secretary of State must then consider a number of issues including the following: the possible imposition of the death penalty, in which case extradition cannot be ordered; the rule of specialty, which prohibits a person being dealt with in the requesting state for matters other than those referenced in the extradition request; and whether or not the person was in the UK following extradition from another state, in which case that states permission must be obtained before extraditing to a third state. If these factors do not prevent extradition, the Secretary of State must order extradition within 2 months of the appropriate day, defined in section 102 and in most cases the day on which the district judge referred his decision to the Secretary of State.
The Extradition Act gives both the wanted person and the requesting state a right of appeal against the decision of the district judge, or the Secretary of State. Appeals are to the High Court with timeframes set out in the Act. It is also possible to appeal to the Supreme Court but as with category 1 territories this is only possible if the High Court certifies that the appeal involves a point of law of general public importance, and either the High Court or the Supreme Court gives leave for the appeal to be made.
Similar provisions apply as for category 1 territories if the wanted person is either charged with, or serving a sentence in respect of, a domestic offence.
