Part 5 U.K.Miscellaneous and general

Re-extraditionU.K.

Commencement Information

I1Act 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))

188Re-extradition to category 1 territoriesU.K.

(1)If this section applies, this Act applies as it would if—

(a)a Part 1 warrant had been issued in respect of the person;

(b)the warrant contained a statement that—

(i)the person [F1had been convicted]F1 of the relevant offence, and

(ii)the warrant was issued with a view to the person’s arrest and extradition to the territory for the purpose of serving a sentence imposed in respect of the relevant offence;

(c)the warrant were issued by the authority of the territory which issued the certificate referred to in section 186(5);

(d)the relevant offence were specified in the warrant;

(e)the judge were the appropriate judge for the purposes of Part 1;

(f)the hearing at which the judge is to make the decision referred to in section 187(1) were the extradition hearing;

(g)the proceedings before the judge were under Part 1.

(2)As applied by subsection (1) this Act has effect with the modifications set out in Part 1 of Schedule 1.

(3)The relevant offence is the offence in respect of which the overseas sentence is imposed.

Textual Amendments

F1Words in s. 188(1)(b)(i) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 2(8); S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I2Act 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))