I3Part 3Extradition to the United Kingdom

Annotations:
Commencement Information
I3

Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

I2Extradition from category 1 territories

Annotations:
Commencement Information
I2

Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

148I1Extradition offences

1

Conduct constitutes an extradition offence in relation to the United Kingdom if these conditions are satisfied—

a

the conduct occurs in the United Kingdom;

b

the conduct is punishable under the law of the relevant part of the United Kingdom with imprisonment or another form of detention for a term of 12 months or a greater punishment.

2

Conduct also constitutes an extradition offence in relation to the United Kingdom if these conditions are satisfied—

a

the conduct occurs outside the United Kingdom;

b

the conduct constitutes an extra-territorial offence punishable under the law of the relevant part of the United Kingdom with imprisonment or another form of detention for a term of 12 months or a greater punishment.

3

But subsections (1) and (2) do not apply in relation to conduct of a person if—

a

he F1has been convictedF1 by a court in the United Kingdom of the offence constituted by the conduct, and

b

he has been sentenced for the offence.

4

Conduct also constitutes an extradition offence in relation to the United Kingdom if these conditions are satisfied—

a

the conduct occurs in the United Kingdom;

b

a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the United Kingdom in respect of the conduct.

5

Conduct also constitutes an extradition offence in relation to the United Kingdom if these conditions are satisfied—

a

the conduct occurs outside the United Kingdom;

b

the conduct constitutes an extra-territorial offence;

c

a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the United Kingdom in respect of the conduct.

6

The relevant part of the United Kingdom is the part of the United Kingdom in which the relevant proceedings are taking place.

7

The relevant proceedings are the proceedings in which it is necessary to decide whether conduct constitutes an extradition offence.

8

Subsections (1) to (5) apply for the purposes of sections 142 to 147.