Extradition Act 2003

Extradition Act 2003

2003 CHAPTER 41

Territorial Application: Wales

Part 3 .Extradition to the United Kingdom

Section 146: Dealing with person for other offences

415. This section sets out the speciality arrangements for dealing with a person for offences committed before his extradition to the United Kingdom from a category 1 territory.

416. Subsection (2) provides that a person may be dealt with for an offence committed before his extradition only if the offence falls within subsection (3) or the condition in subsection (4) is met. Under subsection (3) the offence must be:

• the offence in respect of which the person was extradited;

• an offence disclosed by the information provided to the category 1 territory in respect of the extradition offence;

• an extradition offence in respect of which the relevant authority of the category 1 territory has consented to the person being dealt with in the United Kingdom;

• an offence which is not punishable with any form of detention;

• an offence in respect of which the person will not be detained at any time; or

• an offence in respect of which the person waives the right not to be dealt with.

417. The condition in subsection (4) is that the person has had the opportunity to leave the United Kingdom and he has either failed to do so within 45 days of his arrival in the United Kingdom or he has left the United Kingdom and then returned.