Part 5

Miscellaneous and general

Non-UK extradition: transit through the United Kingdom

Unscheduled arrival in the United Kingdom
189B
1
This section applies in a case where—
a
a person is being extradited,
b
the extradition is a non-UK extradition, and
c
the person makes an unscheduled arrival in the United Kingdom.
2
An authorised officer may do any or all of the following—
a
take the person into custody to facilitate the transit of the person through the United Kingdom for the purposes of the extradition;
b
search the person, and any item in the possession of the person, for any item which the person might use to cause physical injury to that person or any other person;
c
in a case where the person has been taken into custody under paragraph (a), search the person, and any item in the possession of the person, for any item which the person might use to escape from custody.
3
Any power conferred by subsection (2) may be exercised—
a
upon the unscheduled arrival, or
b
at any later time when the person is still in the United Kingdom after the unscheduled arrival.
4
A person taken into custody under this section may be kept in custody until the expiry of the period of 72 hours beginning with the time when the person is taken (or first taken) into custody under this section.
5
But if a transit certificate is issued under section 189A in respect of the non-UK extradition of the person, the person must not be kept in custody under this section after the issue of the certificate.
6
Subsection (5) does not prevent the person from being taken into custody under section 189A.
7
An authorised officer searching a person in the exercise of a power conferred by subsection (2)(b) or (c) may seize any item found if the officer has reasonable grounds for believing that the person searched might use the item—
a
to cause physical injury to that person or any other person; or
b
in a case where the person has been taken into custody, to escape from custody.
Ss. 189A-189E and cross-heading inserted (1.5.2021) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 168, 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2021/532, art. 3