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Section 78: Initial stages of extradition hearing

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

Part 2: Extradition to category 2 territories

This section applies if a person alleged to be the person whose extradition is requested appears or is brought before the appropriate judge for the extradition hearing.

The judge must decide whether the documents sent to him by the Secretary of State consist of (or include)—

the documents referred to in section 70(9);
particulars of the person whose extradition is requested;
particulars of the offence specified in the request;
in the case of a person accused of an offence, a warrant for his arrest issued in the category 2 territory;
in the case of a person alleged to be unlawfully at large after conviction of an offence, a certificate issued in the category 2 territory of the conviction and (if he has been sentenced) of the sentence.

If the judge decides the question in subsection (2) in the negative he must order the person's discharge.

If the judge decides that question in the affirmative he must decide whether—

the person appearing or brought before him is the person whose extradition is requested;
the offence specified in the request is an extradition offence;
copies of the documents sent to the judge by the Secretary of State have been served on the person.

The judge must decide the question in subsection (4)(a) on a balance of probabilities.

If the judge decides any of the questions in subsection (4) in the negative he must order the person's discharge.

If the judge decides those questions in the affirmative he must proceed under section 79.

The reference in subsection (2)(d) to a warrant for a person's arrest includes a reference to a judicial document authorising his arrest.

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.