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Anti-social Behaviour, Crime and Policing Act 2014

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This is the original version (as it was originally enacted).

166Detention of extradited person for trial in England and Wales for other offences

This section has no associated Explanatory Notes

(1)In sections 150 and 151A of the Extradition Act 2003 (dealing with extradited person for other offences), at the end of subsection (2) there is inserted—

This is subject to section 151B.

(2)After section 151A of that Act there is inserted—

151BDetention of person for trial in England and Wales for other offences

(1)Section 150 or 151A does not prevent a person in whose case that section applies from being detained with a view to trial in England and Wales for an offence if the conditions in subsection (2) are satisfied.

(2)The conditions are that—

(a)the United Kingdom and the territory from which the person was extradited have each made a declaration under Article 14(3) of the Extradition Convention, and the declarations are still in force;

(b)the Secretary of State makes a request for the consent referred to in section 150(3)(c) or 151A(3)(c) in respect of the offence (“the consent request”);

(c)the Secretary of State gives notification, which is explicitly acknowledged on behalf of the territory, of the date on which the detention is to begin (“the notified date”).

(3)The Extradition Convention is the European Convention on Extradition done at Paris on 13 December 1957.

(4)This section applies only to detention during the period beginning with the notified date and ending with whichever of the following occurs first—

(a)if a notification of opposition to the detention is given on behalf of the territory, the date on which Secretary of State receives it;

(b)the date on which the Secretary of State receives notification given on behalf of the territory as to whether the consent request is granted or refused;

(c)the expiry of the period of 90 days beginning with the date on which the consent request is received.

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