Part 2

Extradition to category 2 territories

Secretary of State’s functions

Deferral: person charged with offence in United Kingdom
97
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the charge is withdrawn;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 the person is released from detention pursuant to the sentence (whether on licence or otherwise) .
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. 97(3) substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 71(6), 116; S.I. 2009/3096, art. 3(n) (with art. 4)
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))
S. 97(2) modified (10.11.2016) by The Extradition Act 2003 (Overseas Territories) Order 2016 (S.I. 2016/990), arts. 1(1), 6(3), Sch. 3