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Section 93: Secretary of State's consideration of case

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

Part 2: Extradition to category 2 territories

This section applies if the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited.

The Secretary of State must decide whether he is prohibited from ordering the person's extradition under any of these sections—

section 94 (death penalty);
section 95 (speciality);
section 96 (earlier extradition to United Kingdom from other territory).
section 96A (earlier transfer to United Kingdom by International Criminal Court).

If the Secretary of State decides any of the questions in subsection (2) in the affirmative he must order the person's discharge.

If the Secretary of State decides those questions in the negative he must order the person to be extradited to the territory to which his extradition is requested unless—

he is informed that the request has been withdrawn,
he makes an order under section 126(2) or 179(2) for further proceedings on the request to be deferred and the person is discharged under section 180, or
he orders the person's discharge under subsection (6A) or under section 208.

In deciding the questions in subsection (2), the Secretary of State is not required to consider any representations received by him after the end of the permitted period.

The permitted period is the period of 4 weeks starting with the appropriate day.

The Secretary of State may order the person's discharge if the person—

has been recorded by the Secretary of State as a refugee within the meaning of the Refugee Convention, or
has been granted leave to enter or remain in the United Kingdom on the ground that it would be a breach of Article 2 or 3 of the Human Rights Convention to remove the person to the territory to which extradition is requested.

In the case of a person who has consented under section 127 to his extradition, the Secretary of State is not required—

to wait until the end of the permitted period before ordering the person's extradition, or
to consider any representations received after the order is made.

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.