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Extradition Act 2003

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This is the original version (as it was originally enacted).

148Extradition offences

Explanatory NotesShow EN

(1)Conduct constitutes an extradition offence in relation to the United Kingdom if these conditions are satisfied—

(a)the conduct occurs in the United Kingdom;

(b)the conduct is punishable under the law of the relevant part of the United Kingdom with imprisonment or another form of detention for a term of 12 months or a greater punishment.

(2)Conduct also constitutes an extradition offence in relation to the United Kingdom if these conditions are satisfied—

(a)the conduct occurs outside the United Kingdom;

(b)the conduct constitutes an extra-territorial offence punishable under the law of the relevant part of the United Kingdom with imprisonment or another form of detention for a term of 12 months or a greater punishment.

(3)But subsections (1) and (2) do not apply in relation to conduct of a person if—

(a)he is alleged to be unlawfully at large after conviction by a court in the United Kingdom of the offence constituted by the conduct, and

(b)he has been sentenced for the offence.

(4)Conduct also constitutes an extradition offence in relation to the United Kingdom if these conditions are satisfied—

(a)the conduct occurs in the United Kingdom;

(b)a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the United Kingdom in respect of the conduct.

(5)Conduct also constitutes an extradition offence in relation to the United Kingdom if these conditions are satisfied—

(a)the conduct occurs outside the United Kingdom;

(b)the conduct constitutes an extra-territorial offence;

(c)a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the United Kingdom in respect of the conduct.

(6)The relevant part of the United Kingdom is the part of the United Kingdom in which the relevant proceedings are taking place.

(7)The relevant proceedings are the proceedings in which it is necessary to decide whether conduct constitutes an extradition offence.

(8)Subsections (1) to (5) apply for the purposes of sections 142 to 147.

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