Part 2

Extradition to category 2 territories

Secretary of State’s functions

Deferral: person serving sentence in United Kingdom
98
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 in custody serving a sentence of imprisonment or another form of detention in the United Kingdom.
2
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. 98(1)(b) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 71(7)(a), 116; S.I. 2009/3096, art. 3(n) (with art. 4)
Words in s. 98(2) substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 71(7)(b), 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))