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Policing and Crime Act 2009
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71Person charged with offence or serving sentence of imprisonmentU.K.
This section has no associated Explanatory Notes
(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 ”.
F1(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 71(10) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 43; S.I. 2012/2906, art. 2(h)
Commencement Information
I1S. 71 in force at 25.1.2010 by S.I. 2009/3096, art. 3(n) (with art. 4(1)(e))
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