ba

an offence which is not punishable with imprisonment; or

bb

an offence in respect of which no custodial sentence will be imposed; or

bc

an offence in connection with which the person returned will not be detained in custody; or

bd

an offence in respect of which he has notified the court in writing that he waives the right which (but for this paragraph) he would have not to be tried for the offence; or

1A

Subsection (1) above does not apply if—

a

the foreign state has made a declaration under Article 11 of the 1996 Convention, and

b

no indication has been given by the foreign state that consent should not be deemed to have been given in the person’s case.

F21B

Where the foreign state has made a declaration under Article 6(3) of the 1996 Convention, fiscal offences, other than those connected with excise, value added tax or customs, are excluded from paragraph (ba) to (bd) of subsection (1) above.