HC Deb 05 April 1990 vol 170 c794W
Mr. Sheerman

To ask the Secretary of State for the Home Department under what provisions the courts examine any requests for bail in extradition cases; and if he will make a statement.

Mr. John Patten

The Bail Act does not apply to extradition cases, and there is therefore no presumption in favour of bail, as with cases for trial in this country. Under section 9 of the Extradition Act 1989, however, the court of committal may grant bail if it considers that it would be appropriate to do so.

Mr. Sheerman

To ask the Secretary of State for the Home Department what is his policy on the return of a person to any requesting country under the Extradition Act 1989 if the person requested might be prejudiced at any trial by reason of his race, nationality or political opinions.

Mr. John Patten

Section 6(1)(d) of the Extradition Act 1989 provides that a person shall not be extradited if it appears that he might, if returned, be prejudiced at his trial or punished, detained, or restricted in his personal liberty by reason of his race, religion, nationality or political opinions.

Mr. Sheerman

To ask the Secretary of State for the Home Department what is his policy on whether any period of remand suffered in the United Kingdom by an offender held for the purposes of extradition should be counted against any sentence that offender may incur in the requesting country; and if he will make a statement.

Mr. John Patten

This is a matter for the requesting state. The general practice in most countries with which we have extradition arrangements is for time spent on remand in the requested state to be taken into account when calculating sentence, and to facilitate this we provide information about such periods from our records.

Mr. Sheerman

To ask the Secretary of State for the Home Department whether, in the case of prisoners held on remand for the purposes of extradition, the requesting country pays the costs so incurred should it oppose bail; and if he will make a statement.

Mr. John Patten

It is a general principle of extradition arrangements between countries that the requested state meets the costs of a fugitive's detention.