Section 153: Return of person acquitted or not tried
435.This section applies to a person who is accused of an offence in the United Kingdom, is extradited from a category 1 or 2 territory to stand trial and the conditions in either subsection (2) or subsection (3) are met. The conditions in subsection (2) are that the proceedings have not started within six months of the person’s return to the United Kingdom and that, within a further three months, the person asks the Secretary of State to return him to the extraditing territory. The conditions in subsection (3) are that the person is acquitted at his trial and that, within three months of the acquittal, the person asks the Secretary of State to return him to the extraditing territory.
436.If these conditions are met then the Secretary of State is required to arrange for his return to the extraditing territory free of charge and as soon as possible (subsection (5)). If the case relates to an offence in Scotland the requirement in subsection (5) applies to the Scottish Ministers (subsection (6)).
