Section 138: Extradition offences: person sentenced for offence
391.This section defines the different types of conduct that constitute an extradition offence in respect of category 2 territories in cases where the person has been convicted and sentenced for the offence (subsection (1)).
392.Under subsection (2) conduct constitutes an extradition offence if the following conditions are met:
the conduct occurs in the category 2 territory;
the conduct would constitute an offence punishable with imprisonment for a period of 12 months or more if it occurred in the United Kingdom; and
a sentence of detention for 4 months or more has been imposed in the category 2 territory.
393.Conduct also constitutes an extradition offence if (subsection (3)):
the conduct occurs outside the category 2 territory;
a custodial sentence of 4 months or more has been imposed in that territory for the conduct;
in corresponding circumstances the conduct would constitute an extra-territorial offence punishable with imprisonment for a period of 12 months or more under the law of this country.
394.Under subsection (4) conduct would also constitute an extradition offence if:
it occurs outside the category 2 territory and no part of it occurs in the United Kingdom;
the conduct would constitute an offence punishable with imprisonment for a period of 12 months or more under the law of this country if it had occurred here;
a sentence of detention for 4 months or more has been imposed for the conduct in the category 2 territory.
395.Under subsection (5) conduct would also constitute an extradition offence if:
the conduct occurs outside the category 2 territory and no part of it occurs in the United Kingdom;
a sentence of detention for 4 months or more has been imposed for the conduct in the category 2 territory;
the conduct constitutes or would constitute an offence in the United Kingdom mentioned in subsection (6).
396.The offences in subsection (6) are those covered by sections 51, 52, 58 and 59 of the International Criminal Court Act 2001 relating to genocide, crimes against humanity and war crimes, and ancillary offences under section 55 or 62 of that Act. For Scotland the relevant corresponding offences are those covered by sections 1 and 2 of the International Criminal Court (Scotland) Act 2001 and ancillary offences under section 7 of that Act.
397.Subsection (7) provides that if conduct constitutes an offence under the military law of a category 2 territory but not an offence under the general criminal law of the United Kingdom, it does not amount to an extradition offence within the definitions given in this section. Where there is reference to the relevant part of the United Kingdom this means the part of the United Kingdom where the extradition proceedings have taken place, or are taking place, as appropriate (subsection (8)).
