Valid from 15/01/2007
10(1)Section 37 (undertaking in relation to person serving sentence in United Kingdom) is amended as follows.E+W
(2)In subsection (1), at the end of paragraph (b) there is inserted “, either—
(i)in custody, or
(ii)on licence”.
(3)In subsection (4), after “in relation to a person” there is inserted “ within subsection (1)(b)(i) who is ”.
(4)After that subsection there is inserted—
“(4A)The terms which may be specified by the judge in relation to a person within subsection (1)(b)(ii) who is accused in a category 1 territory of the commission of an offence include terms that the person be returned to the United Kingdom to serve the remainder of his sentence after serving any sentence imposed on him in the category 1 territory for—
(a)the offence, and
(b)any other offence in respect of which he is permitted to be dealt with in the category 1 territory.”
11(1)Section 52 (undertaking in relation to person serving sentence in consent cases) is amended as follows.E+W
(2)In subsection (1), at the end of paragraph (b) there is inserted “, either—
(i)in custody, or
(ii)on licence”.
(3)In subsection (3), after “in relation to a person” there is inserted “ within subsection (1)(b)(i) who is ”.
(4)After that subsection there is inserted—
“(3A)The terms which may be specified by the judge in relation to a person within subsection (1)(b)(ii) who is accused in a category 1 territory of the commission of an offence include terms that the person be returned to the United Kingdom to serve the remainder of his sentence after serving any sentence imposed on him in the category 1 territory for—
(a)the offence, and
(b)any other offence in respect of which he is permitted to be dealt with in the category 1 territory.”
12E+WIn section 59 (return of person to serve remainder of sentence), after paragraph (b) of subsection (1) there is inserted—
“(c)the person is not yet entitled to be released from detention pursuant to his sentence (whether on licence or otherwise).”
13(1)Section 119 (undertaking in relation to person serving sentence in United Kingdom) is amended as follows.E+W
(2)In subsection (1), at the end of paragraph (b) there is inserted “, either—
(i)in custody, or
(ii)on licence”.
(3)In subsection (3), after “in relation to a person” there is inserted “ within subsection (1)(b)(i) who is ”.
(4)After that subsection there is inserted—
“(3A)The terms which may be specified by the Secretary of State in relation to a person within subsection (1)(b)(ii) who is accused in a category 2 territory of the commission of an offence include terms that the person be returned to the United Kingdom to serve the remainder of his sentence after serving any sentence imposed on him in the category 2 territory for—
(a)the offence, and
(b)any other offence in respect of which he is permitted to be dealt with in the category 2 territory.”
14E+WIn section 132 (return of person to serve remainder of sentence), after paragraph (b) of subsection (1) there is inserted—
“(c)the person is not yet entitled to be released from detention pursuant to his sentence (whether on licence or otherwise).”