Extradition Act 2003 (c. 41)

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Extradition Act 2003

2003 CHAPTER 41

CONTENTS

Go to Preamble

  1. Part 1

    Extradition to category 1 territories

    1. Introduction

      1. 1. Extradition to category 1 territories

      2. 2. Part 1 warrant and certificate

    2. Arrest

      1. 3. Arrest under certified Part 1 warrant

      2. 4. Person arrested under Part 1 warrant

      3. 5. Provisional arrest

      4. 6. Person arrested under section 5

    3. The initial hearing

      1. 7. Identity of person arrested

      2. 8. Remand etc.

    4. The extradition hearing

      1. 9. Judge´s powers at extradition hearing

      2. 10. Initial stage of extradition hearing

      3. 11. Bars to extradition

      4. 12. Rule against double jeopardy

      5. 13. Extraneous considerations

      6. 14. Passage of time

      7. 15. Age

      8. 16. Hostage-taking considerations

      9. 17. Speciality

      10. 18. Earlier extradition to United Kingdom from category 1 territory

      11. 19. Earlier extradition to United Kingdom from non-category 1 territory

      12. 20. Case where person has been convicted

      13. 21. Human rights

    5. Matters arising before end of extradition hearing

      1. 22. Person charged with offence in United Kingdom

      2. 23. Person serving sentence in United Kingdom

      3. 24. Extradition request

      4. 25. Physical or mental condition

    6. Appeals

      1. 26. Appeal against extradition order

      2. 27. Court´s powers on appeal under section 26

      3. 28. Appeal against discharge at extradition hearing

      4. 29. Court´s powers on appeal under section 28

      5. 30. Detention pending conclusion of appeal under section 28

      6. 31. Appeal to High Court: time limit for start of hearing

      7. 32. Appeal to House of Lords

      8. 33. Powers of House of Lords on appeal under section 32

      9. 34. Appeals: general

    7. Time for extradition

      1. 35. Extradition where no appeal

      2. 36. Extradition following appeal

      3. 37. Undertaking in relation to person serving sentence in United Kingdom

      4. 38. Extradition following deferral for competing claim

      5. 39. Asylum claim

      6. 40. Certificate in respect of asylum claimant

    8. Withdrawal of Part 1 warrant

      1. 41. Withdrawal of warrant before extradition

      2. 42. Withdrawal of warrant while appeal to High Court pending

      3. 43. Withdrawal of warrant while appeal to House of Lords pending

    9. Competing Part 1 warrants

      1. 44. Competing Part 1 warrants

    10. Consent to extradition

      1. 45. Consent to extradition

      2. 46. Extradition order following consent

      3. 47. Extradition to category 1 territory following consent

      4. 48. Other warrant issued following consent

      5. 49. Other warrant issued: extradition to category 1 territory

      6. 50. Other warrant issued: proceedings deferred

      7. 51. Extradition request following consent

      8. 52. Undertaking in relation to person serving sentence

      9. 53. Extradition following deferral for competing claim

    11. Post-extradition matters

      1. 54. Request for consent to other offence being dealt with

      2. 55. Questions for decision at consent hearing

      3. 56. Request for consent to further extradition to category 1 territory

      4. 57. Questions for decision at consent hearing

      5. 58. Consent to further extradition to category 2 territory

      6. 59. Return of person to serve remainder of sentence

    12. Costs

      1. 60. Costs where extradition ordered

      2. 61. Costs where discharge ordered

      3. 62. Costs where discharge ordered: supplementary

    13. Repatriation cases

      1. 63. Persons serving sentences outside territory where convicted

    14. Interpretation

      1. 64. Extradition offences: person not sentenced for offence

      2. 65. Extradition offences: person sentenced for offence

      3. 66. Extradition offences: supplementary

      4. 67. The appropriate judge

      5. 68. The extradition hearing

  2. Part 2

    Extradition to category 2 territories

    1. Introduction

      1. 69. Extradition to category 2 territories

      2. 70. Extradition…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.