Police and Justice Act 2006

Requests for extradition of persons unlawfully at large E+W

1 (1) In section 2 (Part 1 warrant and certificate), in subsection (5)(a), for “is alleged to be unlawfully at large after conviction” there is substituted “ has been convicted ”. E+W

(2) In section 70 (request and certificate for extradition to category 2 territory)—

(a) in subsection (3), after “subsection (4)” there is inserted “ or the statement referred to in subsection (4A) ”;

(b) for subsection (4) there is substituted—

“(4) The statement is one that—

(a) the person is accused in the category 2 territory of the commission of an offence specified in the request, and

(b) the request is made with a view to his arrest and extradition to the category 2 territory for the purpose of being prosecuted for the offence.

(4A) The statement is one that—

(a) the person has been convicted of an offence specified in the request by a court in the category 2 territory, and

(b) the request is made with a view to his arrest and extradition to the category 2 territory for the purpose of being sentenced for the offence or of serving a sentence of imprisonment or another form of detention imposed in respect of the offence.”

(3) In section 142 (issue of Part 3 warrant), in subsection (5)(a), for “is alleged to be unlawfully at large after conviction” there is substituted “ has been convicted ”.

Commencement Information

I1 Sch. 13 para. 1 in force at 15.1.2007 by S.I. 2006/3364, art. 2(e)

2 (1) In section 14 (passage of time), for the words from “since” to the end there is substituted “since he is alleged to have— E+W

(a) committed the extradition offence (where he is accused of its commission), or

(b) become unlawfully at large (where he is alleged to have been convicted of it)”.

(2) After section 68 there is inserted—

“68A Unlawfully at large

(1) A person is alleged to be unlawfully at large after conviction of an offence if—

(a) he is alleged to have been convicted of it, and

(b) his extradition is sought for the purpose of his being sentenced for the offence or of his serving a sentence of imprisonment or another form of detention imposed in respect of the offence.

(2) This section applies for the purposes of this Part, other than sections 14 and 63.”

(3) In section 82 (passage of time), for the words from “since” to the end there is substituted “since he is alleged to have—

(a) committed the extradition offence (where he is accused of its commission), or

(b) become unlawfully at large (where he is alleged to have been convicted of it)”.

(4) After section 140 there is inserted—

“140A Unlawfully at large

(1) A person is alleged to be unlawfully at large after conviction of an offence if—

(a) he is alleged to have been convicted of it, and

(b) his extradition is sought for the purpose of his being sentenced for the offence or of his serving a sentence of imprisonment or another form of detention imposed in respect of the offence.

(2) This section applies for the purposes of this Part, other than sections 82 and 136.”

(5) In section 143 (undertaking in relation to person serving sentence), in subsection (4), for “alleged to be unlawfully at large after conviction” there is substituted “ who has been convicted ”.

(6) In section 148 (extradition offences), in subsection (3)(a), for “is alleged to be unlawfully at large after conviction” there is substituted “ has been convicted ”.

(7) In section 179 (competing claims to extradition), after subsection (4) there is inserted—

“(5) For the purposes of this section a person is alleged to be unlawfully at large after conviction of an offence if—

(a) he is alleged to have been convicted of it, and

(b) his extradition is sought for the purpose of his being sentenced for the offence or of his serving a sentence of imprisonment or another form of detention imposed in respect of the offence.”

(8) In section 188 (re-extradition to category 1 territories), in subsection (1)(b)(i), for “was alleged to be unlawfully at large after conviction” there is substituted “ had been convicted ”.

(9) In section 189 (re-extradition to category 2 territories), in subsection (1)(b), for “was alleged to be unlawfully at large after conviction” there is substituted “ had been convicted ”.

Commencement Information

I2 Sch. 13 para. 2 in force at 15.1.2007 by S.I. 2006/3364, art. 2(e)