Explanatory Notes

Extradition Act 2003

2003 CHAPTER 41

20th November 2003

Territorial Application: Wales

Part 2 .Extradition to Category 2 Territories

Section 91: Physical or mental condition

270.This section sets out what is to happen if the judge decides, at any time during the extradition hearing, that the person is not physically or mentally fit to be extradited (subsection (1)).

271.If it appears to the judge that, by reason of the person's mental or physical condition, it would be unjust or oppressive to extradite him (subsection (2)), the judge must either order the person's discharge or adjourn the hearing. The hearing would continue at such time as the person's condition has improved to the extent that extradition would no longer be unjust or oppressive (subsection (3)).