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<p>When deciding whether to certify an extradition request, the Secretary of State
follows the following criteria as set out in Section 70 of the 2003 Extradition Act:
-</p><p>(1) The Secretary of State must issue a certificate under this section if
he receives a valid request for the extradition to a category 2 territory of a person
who is in the United Kingdom.</p><p>(2) But subsection (1) does not apply if the Secretary
of State decides under section 126 that the request is not to be proceeded with.</p><p>(3)
A request for a person’s extradition is valid if— <br>(a) it contains the statement
referred to in subsection (4), and <br>(b) it is made in the approved way.</p><p>(4)
The statement is one that the person— <br>(a) is accused in the category 2 territory
of the commission of an offence specified in the request, or <br>(b) is alleged to
be unlawfully at large after conviction by a court in the cate-gory 2 territory of
an offence specified in the request.</p><p>(5) A request for extradition to a category
2 territory which is a British over-seas territory is made in the approved way if
it is made by or on behalf of the person administering the territory.</p><p>(6) A
request for extradition to a category 2 territory which is the Hong Kong Special Administrative
Region of the People’s Republic of China is made in the approved way if it is made
by or on behalf of the government of the Re-gion.</p><p>(7) A request for extradition
to any other category 2 territory is made in the ap-proved way if it is made— <br>(a)
by an authority of the territory which the Secretary of State believes has the function
of making requests for extradition in that territory, or <br>(b) by a person recognised
by the Secretary of State as a diplomatic or consu-lar representative of the territory.</p><p>(8)
A certificate under this section must certify that the request is made in the approved
way.</p><p>(9) If a certificate is issued under this section the Secretary of State
must send these documents to the appropriate judge— <br>(a) the request; <br>(b) the
certificate; <br>(c) a copy of any relevant Order in Council.</p>
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