Extradition Act 2003

Repatriation cases

63 Persons serving sentences outside territory where convicted

(1) This section applies if an arrest warrant is issued in respect of a person by an authority of a category 1 territory and the warrant contains the statement referred to in subsection (2).

(2) The statement is one that—

(a) the person is alleged to be unlawfully at large from a prison in one territory (the imprisoning territory) in which he was serving a sentence after conviction of an offence specified in the warrant by a court in another territory (the convicting territory), and

(b) the person was serving the sentence in pursuance of international arrangements for prisoners sentenced in one territory to be repatriated to another territory in order to serve their sentence, and

(c) the warrant is issued with a view to his arrest and extradition to the category 1 territory for the purpose of serving a sentence or another form of detention imposed in respect of the offence.

(3) If the category 1 territory is either the imprisoning territory or the convicting territory, section 2(2)(b) has effect as if the reference to the statement referred to in subsection (5) of that section were a reference to the statement referred to in subsection (2) of this section.

(4) If the category 1 territory is the imprisoning territory—

(a) section 2(6)(e) has effect as if “the category 1 territory” read “the convicting territory”;

(b) section 10(2) has effect as if “an extradition offence” read “an extradition offence in relation to the convicting territory”;

(c) section 20(5) has effect as if after “entitled” there were inserted “in the convicting territory”;

(d) section 37(5) has effect as if “a category 1 territory” read “the convicting territory” and as if “the category 1 territory” in both places read “the convicting territory”;

(e) section 52(4) has effect as if “a category 1 territory” read “the convicting territory” and as if “the category 1 territory” in both places read “the convicting territory”;

(f) section 65(1) has effect as if “a category 1 territory” read “the convicting territory”;

(g) section 65(2) has effect as if “the category 1 territory” in the opening words and paragraphs (a) and (c) read “the convicting territory” and as if “the category 1 territory” in paragraph (b) read “the imprisoning territory”;

(h) in section 65, subsections (3), (4), (5), (6) and (8) have effect as if “the category 1 territory” in each place read “the convicting territory”.