After section 8 of the Extradition Act 2003 insert—
(1)This section applies if—
(a)a person has been brought before the appropriate judge under section 4(3) or 6(2) but the extradition hearing has not begun; and
(b)the judge is informed that the person is charged with an offence in the United Kingdom.
(2)The judge must order further proceedings in respect of the extradition to be adjourned 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(b)the charge is withdrawn;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 judge may order further proceedings in respect of the extradition to be adjourned until the person is released from detention pursuant to the sentence (whether on licence or otherwise).
(1)This section applies if—
(a)a person has been brought before the appropriate judge under section 4(3) or 6(2) but the extradition hearing has not begun; and
(b)the judge is informed that the person is in custody serving a sentence of imprisonment or another form of detention in the United Kingdom.
(2)The judge may order further proceedings in respect of the extradition to be adjourned until the person is released from detention pursuant to the sentence (whether on licence or otherwise).
(3)In a case where further proceedings in respect of the extradition are 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 (period of remand in custody) has effect as if a reference to 28 days in—
(i)sub-paragraph (a)(iii), or
(ii)the words after sub-paragraph (b),
were a reference to six months.”
Commencement Information
I1S. 69 in force at 25.1.2010 by S.I. 2009/3096, art. 3(l) (with art. 4(1)(c))
After section 76 of the Extradition Act 2003 (c. 41) insert—
(1)This section applies if—
(a)a person has been brought before the appropriate judge under section 72(3) or 74(3) but the extradition hearing has not begun; and
(b)the judge is informed that the person is charged with an offence in the United Kingdom.
(2)The judge must order further proceedings in respect of the extradition to be adjourned 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 judge may order further proceedings in respect of the extradition to be adjourned until the person is released from detention pursuant to the sentence (whether on licence or otherwise).
(1)This section applies if—
(a)a person has been brought before the appropriate judge under section 72(3) or 74(3) but the extradition hearing has not begun; and
(b)the judge is informed that the person is in custody serving a sentence of imprisonment or another form of detention in the United Kingdom.
(2)The judge may order further proceedings in respect of the extradition to be adjourned until the person is released from detention pursuant to the sentence (whether on licence or otherwise).
(3)In a case where further proceedings in respect of the extradition are 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 (period of remand in custody) has effect as if a reference to 28 days in—
(i)sub-paragraph (a)(iii), or
(ii)the words after sub-paragraph (b),
were a reference to six months.”
Commencement Information
I2S. 70 in force at 25.1.2010 by S.I. 2009/3096, art. 3(m) (with art. 4(1)(d))
(1)The Extradition Act 2003 (c. 41) is amended as follows.
(2)In section 22(3) (power to adjourn extradition hearing in Part 1 case) for “the sentence has been served” substitute “ the person is released from detention pursuant to the sentence (whether on licence or otherwise) ”.
(3)In section 23 (person serving sentence in Part 1 case)—
(a)in subsection (1), after “issued is” insert “ in custody ”, and
(b)in subsection (2), for “the sentence has been served” substitute “ the person is released from detention pursuant to the sentence (whether on licence or otherwise) ”.
(4)In section 88(3) (power to adjourn extradition hearing in Part 2 case) for “the sentence has been served” substitute “ the person is released from detention pursuant to the sentence (whether on licence or otherwise) ”.
(5)In section 89 (person serving sentence in Part 2 case)—
(a)in subsection (1) after “person is” insert “ in custody ”, and
(b)in subsection (2) for “the sentence has been served” substitute “ the person is released from detention pursuant to the sentence (whether on licence or otherwise) ”.
(6)In section 97(3) (power to defer decision on extradition) for “the sentence has been served” substitute “ the person is released from detention pursuant to the sentence (whether on licence or otherwise) ”.
(7)In section 98 (person serving sentence in Part 2 case: reference by judge)—
(a)in subsection (1)(b) after “person is” insert “ in custody ”, and
(b)in subsection (2) for “the sentence has been served” substitute “ the person is released from detention pursuant to the sentence (whether on licence or otherwise) ”.
(8)In section 102(3) (meaning of “appropriate day” where decision deferred) for the words from “until the person” to the end substitute “ , the appropriate day is the day on which the person is released from detention pursuant to the sentence (whether on licence or otherwise). ”
(9)In section 197A (extradition of serving prisoner) after “a person who is” insert “ in custody ”.
F1(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 71(10) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 43; S.I. 2012/2906, art. 2(h)
Commencement Information
I3S. 71 in force at 25.1.2010 by S.I. 2009/3096, art. 3(n) (with art. 4(1)(e))