§ Mr. ClappisonTo ask the Secretary of State for the Home Department what representations, other than those made by or on behalf of a person awaiting a decision, he can take into account in the exercise of his discretion in extradition cases. [61866]
§ Mr. StrawSection 13(4) of the Extradition Act 1989 places a duty on the Secretary of State to consider any representations made to him by a person who has received notice that the Secretary of State is contemplating making an order for his return to a foreign state under section 12 of the Act.
There is no equivalent provision in the Act for representations before the issuing of an Authority to Proceed: I shall be guided in my handling of representations, made for and against the issue of an Authority to Proceed, by general principles of fairness.
133W
§ Mr. Gordon PrenticeTo ask the Secretary of State for the Home Department what is his role in extradition procedures; and what factors he takes into account in deciding whether or not to exercise his discretion. [61848]
§ Mr. StrawSection 7(4) of the Extradition Act 1989 provides that, on receipt of an extradition request
the Secretary of State may issue an authority to proceed unless it appears to him that an order for the return of the person concerned could not lawfully be made, or would not in fact be made, in accordance with the provisions of this Act".Factors which the Secretary of State takes into account when deciding whether to issue an authority to proceed are therefore the relevant extradition arrangements with a foreign state, the general restrictions on return provided for in section 6 of the 1989 Act in respect of his discretion as to whether he would ultimately make an order for the return of any person who has been committed by the court under section 9 of the Act.