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Extradition Act 2003

Section 88: Person charged with offence in United Kingdom

261.This section applies if a person who is subject to an extradition request has also been charged with an offence in the United Kingdom.

262.Subsection (1) explains that this section applies if the judge is informed that the person has been charged with an offence in the United Kingdom. In these circumstances the judge must adjourn the extradition hearing until (subsection (2)):

  • the charge is disposed of (see section 214 below) or withdrawn;

  • proceedings on the charge are discontinued; or

  • proceedings on the charge are discontinued with the option that a fresh prosecution on the same charge could be brought in the future.

263.Where the person is given a custodial sentence for the United Kingdom offence, the extradition hearing can be adjourned until the sentence has been served (subsection (3)). If the judge has considered the question of double jeopardy under section 80 before adjourning the hearing, he must consider it again when the hearing is resumed (subsection (4)).

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