Schedule 2—Delivery up of persons subject to criminal proceedings, &c.
Part 2—Extradition proceedings
Part 2
Extradition proceedings
Meaning of “extradition proceedings”
7 In this Part of this Schedule “extradition proceedings” means proceedings before a court in the United Kingdom under—
- (a) the Extradition Act 1989 (c. 33), or
- (b) the Backing of Warrants (Republic of Ireland) Act 1965 (c. 45).
Extradition proceedings in England and Wales or Northern Ireland
8 (1) Where—
- (a) the Secretary of State receives a request from the ICC for the arrest and surrender, or provisional arrest, of a person, and
- (b) extradition proceedings against that person are pending or in progress before a court in England and Wales or Northern Ireland,
the Secretary of State shall inform the court of the request.
(2) The court shall (if necessary) adjourn the proceedings before it, for such period or periods as it thinks fit, so as to enable proceedings to be taken to determine whether a delivery order should be made.
(3) If a delivery order is made and the extradition proceedings are still pending or in progress, the Secretary of State—
- (a) shall consult the ICC before giving directions for the execution of the order, :and
(b) may direct that the extradition proceedings shall be discontinued.
(4) Where the Secretary of State directs that extradition proceedings shall be discontinued, the court before which the proceedings are pending or in progress shall—
- (a) order their discontinuance, and
- (b) make any other order necessary to enable the delivery order to be executed (including any necessary order as to the custody of the person concerned).
(5) The discontinuance under this paragraph of extradition proceedings in respect of an offence does not prevent the institution of fresh extradition proceedings in respect of the offence.
Extradition proceedings in Scotland
9 (1) Where—
- (a) the Secretary of State receives a request from the ICC for the arrest and surrender, or provisional arrest, of a person, and
- (b) extradition proceedings against that person are pending or in progress before a court in Scotland,
the Secretary of State shall inform the Scottish Ministers of the request and they shall inform the court.
(2) The court shall (if necessary) adjourn the proceedings before it, for such period or periods as it thinks fit, so as to enable proceedings to be taken to determine whether a delivery order should be made.
