Territorial Application: Wales Part 1 .Extradition to Category 1 Territories Section 21: Human rights
66.Under this section the judge must decide whether the person's extradition would be compatible with his human rights. The rights in question are those set out in the European Convention on Human Rights, incorporated into United Kingdom domestic legislation by the Human Rights Act 1998. The judge must order the person's extradition if it would be compatible with these rights (subsection (3)), but must order his discharge if it would not (subsection (2)). If the judge orders the person's extradition, he must remand the person in custody or on bail pending the extradition (subsections (4) and (5)).