Extradition Act 2003 Explanatory Notes

Section 187: Re-extradition hearing

539.Where this section applies, the conditions in section 186 having all been met, the person must be brought before the appropriate judge (see section 139) for a re-extradition hearing. This is to happen as soon as practicable after the point at which the person would otherwise be released from detention, having served his domestic sentence in the United Kingdom (subsections (1) and (2)).

540.If the person is not brought before the judge in accordance with these provisions, and he applies to the judge, the judge must order his discharge, under subsection (3). The person must be treated as being in legal custody until he is either brought before the judge or discharged (subsection (4)).

541.At the re-extradition hearing the judge is to decide whether the person is to be extradited again to the requesting territory. The judge must first decide whether the territory is a category 1 or a category 2 territory, or neither. If it is a category 1 or 2 territory, section 188 or 189 applies respectively. If it is neither, the judge must order the person's discharge (subsections (5) to (8)). If the judge does order a person's discharge under section 187, 188 or 189, this does not affect any condition on which he is released from custody in this country (subsection (9)).

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