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Policing and Crime Act 2009

Section 75 Cases in which sentence treated as served

368.Section 75 amends two provisions of the Extradition Act 2003 to ensure consistency with sentencing legislation and to ensure that the protection afforded by section 152 of the Extradition Act 2003 applies where someone is extradited to the UK from a territory which is neither a category 1 or a category 2 territory.

369.Subsection (2) amends section 145(2) of the Extradition Act 2003 to make it clear that where, rather than extraditing someone to the UK to serve a sentence imposed, a Member State undertakes to require the person to serve the sentence in their territory, the UK custodial sentence falls to be treated as served. This ensures that a person does not remain liable to imprisonment in the UK where they have already served the sentence in question overseas.

370.Subsection (3) amends section 152 of the Extradition Act 2003. Subsection (3)(a) ensures that the protection afforded by section 152 applies where someone is extradited to the UK from a territory which is neither a category 1 nor a category 2 territory and subsection (3)(b) ensures that where a person is extradited back to the UK for one offence the sentence imposed in the UK for any other offence is to be treated as served.

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