Section 37: Undertaking in relation to person serving sentence in United Kingdom
110.This section allows the appropriate judge to make an extradition order subject to a condition that extradition will not take place until he has received certain undertakings on behalf of the category 1 territory that submitted the extradition request. This section applies if the person is serving a custodial sentence in the United Kingdom (subsection (1)). However, this section does not apply if the extradition order was made under section 46 or 48 after the person has consented to his extradition (subsection (2)).
111.The judge can specify the terms of any such undertaking. The terms include terms that the person is kept in custody during the entire proceedings in the category 1 territory. He may also require the person to be returned to the United Kingdom to serve his domestic sentence, on conclusion of those proceedings or after serving any sentence(s) imposed in the category 1 territory (subsections (3) to (5)).
112.Subsections (6) to (8) apply where the judge makes an order subject to the receipt of an undertaking. Where the undertaking is not received within 21 days, and the person applies to the judge, the judge must order the person's discharge (subsection (7)).
113.Where the judge imposes a condition on an extradition order under the power given by this section, and section 35 (extradition where no appeal) applies, the 10-day period described in section 35 begins on the day the judge receives the undertaking. Where a condition is imposed and section 36 (extradition following appeal) applies, the 10 days start from the day that the appeal decision becomes final or, if later, the day the judge receives the undertaking (subsection (8)).
