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Part 2Extradition to category 2 territories

Secretary of State’s functions

97Deferral: person charged with offence in United Kingdom

(1)This section applies if—

(a)the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited;

(b)the person is charged with an offence in the United Kingdom.

(2)The Secretary of State must not make a decision with regard to the person’s extradition until one of these occurs—

(a)the charge is disposed of;

(b)the charge is withdrawn;

(c)proceedings in respect of the charge are discontinued;

(d)an order is made for the charge to lie on the file or, in relation to Scotland, the diet is deserted pro loco et tempore.

(3)If a sentence of imprisonment or another form of detention is imposed in respect of the offence charged, the Secretary of State may defer making a decision with regard to the person’s extradition until the sentence has been served.