Part 2Extradition to category 2 territories
Secretary of State’s functions
97Deferral: person charged with offence in United Kingdom
(1)
This section applies if—
(a)
the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited;
(b)
the person is charged with an offence in the United Kingdom.
(2)
The Secretary of State must not make a decision with regard to the person’s extradition until one of these occurs—
(a)
the charge is disposed of;
(b)
the charge is withdrawn;
(c)
proceedings in respect of the charge are discontinued;
(d)
an order is made for the charge to lie on the file or, in relation to Scotland, the diet is deserted pro loco et tempore.
(3)
If a sentence of imprisonment or another form of detention is imposed in respect of the offence charged, the Secretary of State may defer making a decision with regard to the person’s extradition until F1the person is released from detention pursuant to the sentence (whether on licence or otherwise)F1.