Part 1Extradition to category 1 territories

Matters arising before end of extradition hearing

23Person serving sentence in United Kingdom

(1)

This section applies if at any time in the extradition hearing the judge is informed that the person in respect of whom the Part 1 warrant is issued is F1in custodyF1 serving a sentence of imprisonment or another form of detention in the United Kingdom.

(2)

The judge may adjourn the extradition hearing until F2the person is released from detention pursuant to the sentence (whether on licence or otherwise)F2.

F3(3)

In a case where an extradition hearing is adjourned under subsection (2)—

(a)

section 131 of the Magistrates' Courts Act 1980 (remand of accused already in custody) has effect as if a reference to 28 clear days in subsection (1) or (2) of that section were a reference to six months;

(b)

Article 47(2) of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (period of remand in custody) has effect as if a reference to 28 days in—

(i)

paragraph (a)(iii), or

(ii)

the words after paragraph (b),

were a reference to six months.F3