Criminal Justice Act 1991

47 Persons extradited to the United Kingdom. E+W

(1) A short-term or long-term prisoner is an extradited prisoner for the purposes of this section if—

(a) he was tried for the offence in respect of which his sentence was imposed—

(i) after having been extradited to the United Kingdom; and

(ii) without having first been restored or had an opportunity of leaving the United Kingdom; and

(b) he was for any period kept in custody while awaiting his extradition to the United Kingdom as mentioned in paragraph (a) above.

(2) If, in the case of an extradited prisoner, the court by which he was sentenced so ordered, section 67 of the 1967 Act (computation of sentences of imprisonment) shall have effect in relation to him as if a period specified in the order were a relevant period for the purposes of that section.

(3) The period that may be so specified is such period as in the opinion of the court is just in all the circumstances and does not exceed the period of custody mentioned in subsection (1)(b) above.

(4) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 47(4) repealed (1.1.2004) by Extradition Act 2003 (c. 41), ss. 219, 220, 221, Sch. 3 para. 9, Sch. 4; S.I. 2003/3103, art. 2 (subject to savings in arts. 3-5 (of which art. 5 was substituted (11.12.2003) by S.I. 2003/3258 art. 2(2) and art. 3 was substituted (18.12.2003) by S.I. 2003/3312, art. 2(2)))

Modifications etc. (not altering text)

C2 S. 47 modified (prosp.) by 1997 c. 43, ss. 56(1), 57(2), Sch. 5 para.4 (by 1998 c. 37, s. 120(2), Sch. 10 and S.I. 1998/2327, art. 2(1)(aa)(3)(x)) the said Sch. 5 paras. 1-4 were repealed (30.9.1998).

Commencement Information

I2 Pt. II (ss. 32-51) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

47 Persons extradited to the United Kingdom. E+W

(1) A short-term or long-term prisoner is an extradited prisoner for the purposes of this section if—

(a) he was tried for the offence in respect of which his sentence was imposed—

(i) after having been extradited to the United Kingdom; and

(ii) without having first been restored or had an opportunity of leaving the United Kingdom; and

(b) he was for any period kept in custody while awaiting his extradition to the United Kingdom as mentioned in paragraph (a) above.

(2) If, in the case of an extradited prisoner, the court by which he was sentenced so ordered, section 67 of the 1967 Act (computation of sentences of imprisonment) shall have effect in relation to him as if a period specified in the order were a relevant period for the purposes of that section.

(3) The period that may be so specified is such period as in the opinion of the court is just in all the circumstances and does not exceed the period of custody mentioned in subsection (1)(b) above.

(4) In this section—

• “extradited to the United Kingdom” means returned to the United Kingdom—

  (i)

  in pursuance of extradition arrangements;

  (ii)

  under any law of a designated Commonwealth country corresponding to the M1 Extradition Act 1989;

  (iii)

  under that Act as extended to a colony or under any corresponding law of a colony; or

  (iv)

  in pursuance of a warrant of arrest endorsed in the Republic of Ireland under the law of that country corresponding to the M2 Backing of Warrants (Republic of Ireland) Act 1965;

  (v)

  [F2 in pursuance of arrangements with a foreign state in respect of which an Order in Council under section 2 of the Extradition Act 1870 is in force;]

• “extradition arrangements” has the meaning given by section 3 of the M3 Extradition Act 1989;

• “designated Commonwealth country” has the meaning given by section 5(1) of that Act.

Textual Amendments

F2 Para. (v) inserted (3.2.1995) in the definition of "extradited to the United Kingdom" in s. 47(4) by 1994 c. 33, s. 168(1), Sch. 9 para. 48(1); S.I. 1995/127, art. 2(1), Sch. 1, Appendix 1.

Modifications etc. (not altering text)

C2 S. 47 modified (prosp.) by 1997 c. 43, ss. 56(1), 57(2), Sch. 5 para.4 (by 1998 c. 37, s. 120(2), Sch. 10 and S.I. 1998/2327, art. 2(1)(aa)(3)(x)) the said Sch. 5 paras. 1-4 were repealed (30.9.1998).

Commencement Information

I2 Pt. II (ss. 32-51) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

Marginal Citations

M1 1989 c. 33.

M2 1965 c. 45.

M3 1989 c. 33.