Part 6Extradition
Deferral of extradition
I171Person charged with offence or serving sentence of imprisonment
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
”
.
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