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Part 1 of the Extradition Act 2003 (extradition to category 1 territories) is amended as follows.

In section 11 (bars to extradition)—

“(1A)     But the judge is to decide whether the person's extradition is barred by reason of forum only in a case where the Part 1 warrant contains the statement referred to in section 2(3) (warrant issued for purposes of prosecution for offence in category 1 territory).”;

After section 19A insert—

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(1)     The extradition of a person (“D”) to a category 1 territory is barred by reason of forum if the extradition would not be in the interests of justice.

(2)     For the purposes of this section, the extradition would not be in the interests of justice if the judge—