Extradition Act 2003 Explanatory Notes

Section 148: Extradition offences

421.This section defines an extradition offence for the purposes of sections 142 to 147 (subsection (8)).

422.Conduct constitutes an extradition offence if it occurs in the United Kingdom and is punishable here with detention of 12 months or more (subsection (1)). If the conduct occurs outside this country it will still amount to an extradition offence if it constitutes an extra-territorial offence and is punishable in the same way (subsection (2)).

423.However, subsections (1) and (2) do not apply in cases where the person is unlawfully at large after conviction and has been sentenced (subsection (3)). In this situation, where the conduct occurred in this country, a sentence of detention for a period of 4 months or more must have been imposed (subsection (4)). Where the conduct occurred outside the United Kingdom, it must amount to an extra-territorial offence and the same minimum sentence requirement applies (subsection (5)).

424.Where there is reference to the relevant part of the United Kingdom this means the part of the United Kingdom where the proceedings (in which the question arises of whether conduct is an extradition offence) are taking place (subsections (6) and (7)).

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