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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 bail'*. 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 begin’’. 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 arrest’®. 7. At the extradition hearing, the appropriate judge must decide: (a) whether the extradition request meets certain technical requirements’’; (b) whether the person appearing before the judge is the person whose extradition is requested'®; (c) whether the offence(s) specified in the extradition request are extradition offence(s)'’; (d) whether there are any bars to extradition’’; (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 1998”; and, where applicable, (f) whether extradition would be oppressive by reason of the person’s mental or physical condition”. 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 State” who must decide whether any of the bars to extradition that she must consider” 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 extradition”. If she decides that no bars apply, she must order the person’s extradition,” subject to very limited exceptions which are not applicable here”’. “ Extradition Act 2003, ss. 72(7)(c) and 74(7)(c). * Extradition Act 2003, s. 75. ° Extradition Act 2003, s. 74(11)(b) and Extradition Act 2003 (Designation of Part 2 Territories) Order 2003/3334, Art. 4. ’ 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 watrant 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). '8 Extradition Act 2003, s. 78(4)(a). Extradition Act 2003, s. 78(4)(b). °° 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. *! Section 87. The rights under the ECHR apply to every person within the jurisdiction of the United Kingdom: ECHR, Art. 1. * Extradition Act 2003, s. 91. Extradition Act 2003, s. 87(3). * 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). °° Extradition Act 2003, s. 70(11). 1922623.1 4 DOJ-OGR-00002100