Part 1

Extradition to category 1 territories

Post-extradition matters

Return of person to serve remainder of sentence
59
1
This section applies if—
a
a person who is serving a sentence of imprisonment or another form of detention in the United Kingdom is extradited to a category 1 territory in accordance with this Part;
b
the person is returned to the United Kingdom to serve the remainder of the sentence or the person otherwise returns to the United Kingdom.
2
Time during which the person was outside the United Kingdom as a result of the extradition does not count as time served by the person as part of the sentence.
3
But subsection (2) does not apply if—
a
the person was extradited for the purpose of being prosecuted for an offence, and
b
the person has not been convicted of the offence or of any other offence in respect of which the person was permitted to be dealt with in the category 1 territory.
4
In a case falling within subsection (3), time during which the person was outside the United Kingdom as a result of the extradition counts as time served by the person as part of the sentence if (and only if) it was spent in custody in connection with the offence or any other offence in respect of which the person was permitted to be dealt with in the territory.
5
In a case where the person is not entitled to be released from detention pursuant to the sentence—
a
the person is liable to be detained in pursuance of the sentence, and
b
if at large, the person must be treated as being unlawfully at large.
6
In a case where the person is entitled to be released from detention on licence pursuant to the sentence—
a
if the person was released on licence at the time of extradition, the licence is suspended until the person's return;
b
if the person was not released on licence at that time, subsections (7) to (10) apply in relation to the person (“the offender”).
7
The offender is liable to be detained, on return, in any place in which the offender could have been detained pursuant to the sentence before the time of extradition.
8
A constable or immigration officer may—
a
take the offender into custody, and
b
convey the offender to the place mentioned in subsection (7).
9
The offender must be released on licence within the period of 5 days beginning when the offender is taken (or retaken) into custody under this section.
10
In calculating a period of 5 days for the purposes of subsection (9) no account is to be taken of—
a
any Saturday or Sunday,
b
Christmas Day,
c
Good Friday, or
d
in any part of the United Kingdom, any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in that part of the United Kingdom.
11
A person is entitled to be released from detention if there is—
a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
a duty to release the person under
Chapter 6 of Part 12
of the Criminal Justice Act 2003
...,
c
a duty to release the person under section 1, 1AA
, 1AB
or 7(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 or section 5, 11(2), 13, 19 or 23 of the Custodial Sentences and Weapons (Scotland) Act 2007, or
d
a duty to release the person under section 1 of the Northern Ireland (Remission of Sentences) Act 1995, Article 26 of the Criminal Justice (Northern Ireland) Order 1996 or Article 17
, 18(8) or 20A(8)
of the Criminal Justice (Northern Ireland) Order 2008.
12
The powers conferred on a constable by subsection (8) are exercisable in any part of the United Kingdom.
13
An immigration officer is a person who is an immigration officer within the meaning of the Immigration Act 1971.
Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
S. 59 substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 72, 116; S.I. 2009/3096, art. 3(o)
Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
Words in s. 59(11)(b) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 11(2)(a); S.I. 2012/2906, art. 2(h)
S. 59(11)(a) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 16 para. 10(a); S.I. 2012/2906, art. 2(n)
Words in s. 59(11)(b) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 16 para. 10(b); S.I. 2012/2906, art. 2(n)
Word in s. 59(11)(c) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 56(a)
Words in s. 59(11)(d) substituted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 73(a)