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Section 85: Case where person has been convicted

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

Part 2: Extradition to category 2 territories

If the judge is required to proceed under this section he must decide whether the person was convicted in his presence.

If the judge decides the question in subsection (1) in the affirmative he must proceed under section 87.

If the judge decides that question in the negative he must decide whether the person deliberately absented himself from his trial.

If the judge decides the question in subsection (3) in the affirmative he must proceed under section 87.

If the judge decides that question in the negative he must decide whether the person would be entitled to a retrial or (on appeal) to a review amounting to a retrial.

If the judge decides the question in subsection (5) in the affirmative he must proceed under section 86.

If the judge decides that question in the negative he must order the person's discharge.

The judge must not decide the question in subsection (5) in the affirmative unless, in any proceedings that it is alleged would constitute a retrial or a review amounting to a retrial, the person would have these rights—

the right to defend himself in person or through legal assistance of his own choosing or, if he had not sufficient means to pay for legal assistance, to be given it free when the interests of justice so required;
the right to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him.

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.