Section 144: Return to extraditing territory to serve sentence
412.This section concerns the return of a person convicted in the United Kingdom to the extraditing territory to serve his sentence there. Subsection (1) provides that the section applies in the following circumstances. The person must have been extradited to the United Kingdom from a category 1 territory on the basis of a Part 3 warrant, for the purposes of being prosecuted. His extradition must have been on the condition that, if convicted and sentenced to a term of detention, he will be returned to the extraditing country to serve the custodial sentence imposed here. The person must have been convicted and a sentence of detention imposed.
413.Under subsection (2) the person must be returned to the extraditing country as soon as is reasonably practicable. If he is returned in this way his sentence is taken to have been remitted but the conviction stands for all other purposes (subsection (3)). If the person is not returned as required, the judge must, on the person's application, order his discharge, unless reasonable cause can be shown for the delay (subsection (4)).
