Paragraphs 1 and 2: Requests for extradition of persons unlawfully at large
329.Paragraphs 1 and 2 amend the wording in the 2003 Act relating to extradition requests for persons who are unlawfully at large in relation to the offence for which they have been requested. Case law has established that, as long as it is clear from the information contained in the warrant or request that the person is in fact alleged to be “unlawfully at large”, the warrant or request does not actually have to contain those words. And indeed many warrants and requests for the extradition from the United Kingdom of persons already convicted do not contain these words. This has given rise to difficulties, given the way in which a number of the provisions of the 2003 Act are worded.
330.These paragraphs amend various sections of the Act to refer instead to a person who “has been convicted.” The convicted person can only be sought if wanted for the purpose of sentencing or to carry out a sentence of imprisonment.