Part 2 U.K.Extradition to category 2 territories

Commencement Information

I1 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Secretary of State’s functions U.K.

Commencement Information

I2 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

[F1 96AEarlier transfer to United Kingdom by International Criminal Court U.K.

(1) The Secretary of State must not order a person's extradition to a category 2 territory if—

(a) the person was transferred to the United Kingdom to serve a sentence imposed by the International Criminal Court;

(b) under arrangements between the United Kingdom and the Court, the consent of the Presidency of the Court is required to the person's extradition from the United Kingdom to the category 2 territory in respect of the extradition offence under consideration;

(c) that consent has not been given.

(2) Subsection (1) does not apply if the person has served the sentence imposed by the Court and has subsequently—

(a) remained voluntarily in the United Kingdom for more than 30 days, or

(b) left the United Kingdom and returned to it.]

Textual Amendments

F1 S. 96A inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 3(4); S.I. 2006/3364, art. 2(d)(e)