426.This section applies where a person is extradited to the United Kingdom from a category 2 territory that is a Commonwealth country, a British overseas territory or the Hong Kong Special Administrative Region.
427.Subsection (2) provides that a person may be dealt with for an offence committed before his extradition only if the offence falls within subsection (3) or the condition in subsection (6) is met. The subsection (3) offences are:
the offence in respect of which the person was extradited;
a lesser offence disclosed by information provided to the category 2 territory in respect of that offence; or
an offence in respect of which the relevant authority of the category 2 territory has consented to the person being dealt with in the United Kingdom.
428.A lesser offence is one that carries a maximum punishment that is less severe than the maximum punishment for the extradition offence (subsection (4)).
429.The relevant authority is defined at subsection (5) as the:
government of a Commonwealth Country;
person administering a British overseas territory; or
government of the Hong Kong Special Administrative Region.
430.A person may also be dealt with for offences committed before his extradition to the United Kingdom if the protected period of 45 days has ended (subsections (6) and (7)). The protected period starts on the first day after extradition that the person is given the opportunity to leave the United Kingdom.
431.Subsection (8) explains that a person is dealt with in the United Kingdom if he is tried or detained with a view to trial in this country in respect of the offence in question.
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