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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