Extradition Act 2003 Explanatory Notes

Section 186: Re-extradition: preliminary

536.This section sets out the circumstances in which section 187 applies, concerning re-extradition. Each of the following conditions must be met for a re-extradition hearing to occur.

537.The first condition is that the person was extradited under either Part 1 or Part 2 of the Act (subsection (2)). The second is that, prior to his extradition, the person was serving a custodial sentence in the United Kingdom (subsection (3)).

538.The third condition, provided in subsection (4), is that the person was extradited for the purpose of being prosecuted for the offence (i.e. it was an accusation case). The fourth condition is that the person has been given a custodial sentence of four months or more, in the country to which he was extradited, in respect of the extradition offence or another offence for which permission was given for him to be dealt with (subsection (5)). The fifth and final condition is that, before the person serves the custodial sentence in the country to which he was extradited, he was returned to the United Kingdom to serve the original sentence here (subsection (6)).

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