Section 21: Person unlawfully at large: human rights

Extradition Act 2003 · 2003 c. 41View on legislation.gov.uk

Part 1: Extradition to category 1 territories

If the judge is required to proceed under this section (by virtue of section ... 20) he must decide whether the person's extradition would be compatible with the Convention rights within the meaning of the Human Rights Act 1998 (c. 42).

If the judge decides the question in subsection (1) in the negative he must order the person's discharge.

If the judge decides that question in the affirmative he must order the person to be extradited to the category 1 territory in which the warrant was issued.

If the judge makes an order under subsection (3) he must remand the person in custody or on bail to wait for his extradition to the category 1 territory.

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

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.