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Case 1:20-cr-00330-AJN Document 97-21 Filed 12/14/20 Page 5 of 29

who must consider, amongst other things, whether to remand the person in custody or on bail¹⁴. In cases where the person appears before the court pursuant to a full extradition request, the judge must set a date for the extradition hearing to begin¹⁵. In provisional arrest cases, this date is set after the full request is served which, in US extradition cases, must be within 65 days of arrest¹⁶.

7. At the extradition hearing, the appropriate judge must decide: (a) whether the extradition request meets certain technical requirements¹⁷; (b) whether the person appearing before the judge is the person whose extradition is requested¹⁸; (c) whether the offence(s) specified in the extradition request are extradition offence(s)¹⁹; (d) whether there are any bars to extradition²⁰; (e) whether extradition would be compatible with the person’s rights under the European Convention on Human Rights (‘ECHR’) within the meaning of the Human Rights Act 1998²¹; and, where applicable, (f) whether extradition would be oppressive by reason of the person’s mental or physical condition²².

8. If the appropriate judge decides all the statutory questions in favour of the requesting government, then they must send the case to the Secretary of State²³ who must decide whether any of the bars to extradition that she must consider²⁴ apply. These bars are different to those considered by the appropriate judge. The Secretary of State has no power to consider any human rights objections to extradition²⁵. If she decides that no bars apply, she must order the person’s extradition,²⁶ subject to very limited exceptions which are not applicable here²⁷.

¹⁴ Extradition Act 2003, ss. 72(7)(c) and 74(7)(c).

¹⁵ Extradition Act 2003, s. 75.

¹⁶ Extradition Act 2003, s. 74(11)(b) and Extradition Act 2003 (Designation of Part 2 Territories) Order 2003/3334, Art. 4.

¹⁷ Extradition Act 2003, s. 78(2). The request must contain: (a) the documents specified in s. 70(9) (the extradition request and the Secretary of State’s certificate); (b) particulars of the offence(s) specified in the request; (c) an arrest warrant or a certificate of conviction and, where applicable, sentence. The judge must also decide whether the relevant documentation has been served on the requested person: s. 87(4)(c).

¹⁸ Extradition Act 2003, s. 78(4)(a).

¹⁹ Extradition Act 2003, s. 78(4)(b).

²⁰ The bars to extradition are: (a) the rule against double jeopardy (s. 80); (b) extraneous considerations (s. 81); (c) passage of time (s. 82); (d) hostage-taking considerations (s. 83); and (e) forum (s. 83A). The bars to extradition are considered further at paras. 26 to 35 below.

²¹ Section 87. The rights under the ECHR apply to every person within the jurisdiction of the United Kingdom: ECHR, Art. 1.

²² Extradition Act 2003, s. 91.

²³ Extradition Act 2003, s. 87(3).

²⁴ The bars to extradition that the Secretary of State must consider are: (a) the death penalty (s. 94); (b) speciality (s. 95); (c) earlier extradition to the United Kingdom from another territory (s. 96); and (d) earlier transfer to the United Kingdom from the International Criminal Court (s. 96A).

²⁵ Extradition Act 2003, s. 70(11).

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