Legislation – The Criminal Procedure Rules 2020
PART 50EXTRADITION
SECTION 2: EXTRADITION PROCEEDINGS IN A MAGISTRATES’ COURT
Exercise of magistrates’ court’s powers50.3.
(1)
The general rule is that the magistrates’ court must exercise its powers at a hearing in public, but—
(a)
that is subject to any power the court has to—
(i)
impose reporting restrictions,
(ii)
withhold information from the public, or
(iii)
order a hearing in private; and
(b)
despite the general rule the court may, without a hearing—
(i)
give any directions to which rule 50.4 applies (Case management in the magistrates’ court and duty of court officer), or
(ii)
determine an application which these Rules allow to be determined by a magistrates’ court without a hearing in a case to which this Part does not apply.
(2)
If the court so directs, a party may attend by live link any hearing except an extradition hearing under rule 50.6 or 50.13.
(3)
Where the defendant is absent from a hearing—
(a)
the general rule is that the court must proceed as if the defendant—
(i)
were present, and
(ii)
opposed extradition on any ground of which the court has been made aware;
(b)
the general rule does not apply if the defendant is under 18;
(c)
the general rule is subject to the court being satisfied that—
(i)
the defendant had reasonable notice of where and when the hearing would take place,
(ii)
the defendant has been made aware that the hearing might proceed in his or her absence, and
(iii)
there is no good reason for the defendant’s absence; and
(d)
the general rule does not apply but the court may exercise its powers in the defendant’s absence where—
(i)
the court discharges the defendant,
(ii)
the defendant is represented and the defendant’s presence is impracticable by reason of his or her ill health or disorderly conduct, or
(iii)
on an application under rule 50.32 (Application for consent to deal with another offence or for consent to further extradition), the defendant is represented or the defendant’s presence is impracticable by reason of his or her detention in the territory to which he or she has been extradited.
(4)
The court may exercise its power to adjourn—
(a)
if either party asks, or on its own initiative; and
(b)
in particular—
(i)
to allow there to be obtained information that the court requires,
(ii)
following a provisional arrest under Part 1 of the Extradition Act 2003, pending receipt of the warrant,
(iii)
following a provisional arrest under Part 2 of the Act, pending receipt of the extradition request,
(iv)
if the court is informed that the defendant is serving a custodial sentence in the United Kingdom,
(v)
if it appears to the court that the defendant is not fit to be extradited, unless the court discharges the defendant for that reason,
(vi)
where a court dealing with a warrant to which Part 1 of the Act applies is informed that another such warrant has been received in the United Kingdom,
(vii)
where a court dealing with a warrant to which Part 1 of the Act applies is informed of a request for the temporary transfer of the defendant to the territory to which the defendant’s extradition is sought, or a request for the defendant to speak to the authorities of that territory, or
(viii)
during a hearing to which rule 50.32 applies (Application for consent to deal with another offence or for consent to further extradition).
(5)
The court must exercise its power to adjourn if informed that the defendant has been charged with an offence in the United Kingdom.
(6)
The general rule is that, before exercising a power to which this Part applies, the court must give each party an opportunity to make representations, unless that party is absent without good reason.
(7)
The court may—
(a)
shorten a time limit or extend it (even after it has expired), unless that is inconsistent with other legislation;
(b)
direct that a notice or application be served on any person; and
(c)
allow a notice or application to be in a different form to one set out in the Practice Direction, or to be presented orally.
(8)
A party who wants an extension of time within which to serve a notice or make an application must—
(a)
apply for that extension of time when serving that notice or making that application; and
(b)
give the reasons for the application for an extension of time.
Part 6 contains rules about reporting and access restrictions.
Part 14 contains rules about bail. Rules 14.2(3) and 14.7(7)(c) allow an application to be determined without a hearing in the circumstances to which those rules apply.
The principal time limits are prescribed by the Extradition Act 2003: see rule 50.16.]