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SCHEDULEU.K.Power of arrest for extradition purposes

PART 2 U.K.Consequential amendments

Extradition Act 2003U.K.

15(1)Section 136 (persons serving sentences outside territory where convicted) is amended as follows.U.K.

(2)In subsection (1)—

(a)in paragraph (a) omit “or” at the end;

(b)in paragraph (b), at the end insert , or

(c)a request for the person's arrest is made by an authority of a specified category 2 territory (within the meaning of section 74B(7)) and the request contains the statement referred to in subsection (2).

(3)In subsection (3)—

(a)in paragraph (b), after “subsection (1)(b)” insert “ or (c) (as the case may be) ”;

(b)after paragraph (b) insert—

(c)section 74C(1)(b) has effect as if the reference to the statement referred to in subsection (4) of that section were a reference to the statement in subsection (2) of this section;

(d)section 74C(5) has effect as if paragraph (c) were omitted and as if in paragraph (d)—

(i)“the category 2 territory” read “the convicting territory”;

(ii)“if the person has been sentenced for the offence” were omitted.

(4)In subsection (4)—

(a)after paragraph (a) insert—

(aa)section 74(7)(a) has effect as if “accused of the commission of an offence in a category 2 territory or that he is alleged to be unlawfully at large after conviction of an offence by a court in a category 2 territory” read “alleged to be unlawfully at large from a prison in the imprisoning territory after conviction of an offence in the convicting territory”;;

(b)after paragraph (c) insert—

(ca)section 74B(1)(b) has effect as if sub-paragraph (i) were omitted and as if for sub-paragraph (ii) there were substituted—

(ii)the person is alleged to be unlawfully at large from a prison in the imprisoning territory after conviction of an offence in the convicting territory;;

(cb)section 74B(1)(c) has effect as if “a serious extradition offence” read “a serious extradition offence in relation to the convicting territory”;

(cc)section 74E(1)(a) has effect as if “accused of the commission of an offence in a category 2 territory or are alleged to be unlawfully at large after conviction of an offence by a court in a category 2 territory” read “alleged to be unlawfully at large from a prison in the imprisoning territory after conviction of an offence in the convicting territory”;

(cd)section 74E(2)(a) has effect as if “the category 2 territory in which the person is accused of the commission of an offence or is alleged to have been convicted of an offence” read “the imprisoning territory”;.

Commencement Information

I1Sch. para. 15 in force at 31.12.2020 by S.I. 2020/1652, reg. 2(1)(b)