SCHEDULES

SCHEDULE 13Extradition

Part 1Amendments to the Extradition Act 2003

Requests for extradition of persons unlawfully at large

I12

1

In section 14 (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)

2

After section 68 there is inserted—

68AUnlawfully 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—

140AUnlawfully 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 ”.