Extradition Act 2003

Extradition Act 2003

2003 CHAPTER 41

Territorial Application: Wales

Part 2 .Extradition to Category 2 Territories

Section 102: The appropriate day

290. This clause defines "the appropriate day", for the purposes of sections 93 to 99, when a case has been sent by the judge to the Secretary of State for his consideration (subsection (1)). The appropriate day is the day on which the relevant period of time will commence within which the Secretary of State is required to make his decision.

291. Where the person has also been charged with an offence in the United Kingdom the appropriate day is the day that proceedings on the United Kingdom charge end (subsection (2)). That is:

• the charge is disposed of (see section 214 below) or withdrawn;

• proceedings on the charge are discontinued; or

• proceedings on the charge are discontinued with the option that a fresh prosecution on the same charge could be brought in the future.

292. If the Secretary of State defers his decision under the power given in section 97(3) or 98(2), the appropriate day is the day on which the person finishes serving the sentence (subsection (3)).

293. In the case of competing extradition claims the appropriate day is the day on which the Secretary of State makes an order under section 126 or 179. However, if proceedings on the request have been deferred under either of these sections, it is the day on which the order is made under section 180 for proceedings to be resumed (subsections (4) and (5)).

294. If more than one of these provisions apply the appropriate day is the latest of the relevant days (subsection (6)). In all other cases it begins on the day that the judge sends the case to the Secretary of State (subsection (7)).