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- Point in Time (25/03/2022)
- Original (As enacted)
Version Superseded: 28/06/2022
Point in time view as at 25/03/2022. This version of this provision has been superseded.
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There are currently no known outstanding effects for the Extradition Act 2003, Section 206C.
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(1)This section applies for the purposes of section 206A and subsections (2) and (3) also apply for the purposes of section 206B.
(2)In relation to proceedings under Part 1, section 67 applies for determining the appropriate judge.
(3)In relation to proceedings under Part 2, section 139 applies for determining the appropriate judge.
(4)A person is affected by an extradition claim if—
(a)a Part 1 warrant is issued in respect of the person;
(b)the person is arrested under section 5;
(c)a request for the person's extradition is made; F2...
(d)a warrant under section 73 is issued in respect of the person[F3; or
(e)a certificate is issued under section 74B in respect of the person.]
[F4(5)References to being in custody include—
(a)in England and Wales, references to being in police detention within the meaning of the Police and Criminal Evidence Act 1984;
(b)in Northern Ireland, references to being in police detention within the meaning of the Police and Criminal Evidence (Northern Ireland) Order 1989;
F5(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
(6)“Live link” means an arrangement by which a person [F6, while absent from the place where the hearing is being held,] [F6(P)] is able—
(a)to see and hear [F7the appropriate judge, and other persons,] [F7all other persons taking part in the hearing who are not in the same location as P, and]
(b)to be seen and heard by [F8the judge, other persons,] [F8all other persons taking part in the hearing who are not in the same location as P,]
and for this purpose any impairment of eyesight or hearing is to be disregarded.]
Textual Amendments
F1Ss. 206A-206C inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 78, 116; S.I. 2009/3096, art. 3(u)
F2Word in s. 206C(4)(c) omitted (31.12.2020) by virtue of Extradition (Provisional Arrest) Act 2020 (c. 18), s. 2(4), Sch. para. 23(2); S.I. 2020/1652, reg. 2(1)(b)
F3S. 206C(4)(e) inserted (31.12.2020) by Extradition (Provisional Arrest) Act 2020 (c. 18), s. 2(4), Sch. para. 23(3); S.I. 2020/1652, reg. 2(1)(b)
F4S. 206C(5) omitted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 24 para. 10(2) (with ss. 88-90) (which affecting provision is continued (E.W.) by The Coronavirus Act 2020 (Delay in Expiry: Inquests, Courts and Tribunals, and Statutory Sick Pay) (England and Wales and Northern Ireland) Regulations 2022 (S.I. 2022/362), reg. 2, but expires (S.N.I.) (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90) and is otherwise repealed (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (2022 c. 32), ss. 201(1), 208(5))
F5S. 206C(5)(c) omitted (S.) (25.1.2018) by virtue of The Criminal Justice (Scotland) Act 2016 (Consequential and Supplementary Modifications) Regulations 2017 (S.S.I. 2017/452), reg. 1, sch. para. 14 (with reg. 2(2))
F6Word in s. 206C(6) substituted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 24 para. 10(3)(a) (with ss. 88-90) (which affecting provision is continued (E.W.) by The Coronavirus Act 2020 (Delay in Expiry: Inquests, Courts and Tribunals, and Statutory Sick Pay) (England and Wales and Northern Ireland) Regulations 2022 (S.I. 2022/362), reg. 2, but expires (S.N.I.) (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90) and is otherwise repealed (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (2022 c. 32), ss. 201(1), 208(5))
F7Words in s. 206C(6)(a) substituted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 24 para. 10(3)(b) (with ss. 88-90) (which affecting provision is continued (E.W.) by The Coronavirus Act 2020 (Delay in Expiry: Inquests, Courts and Tribunals, and Statutory Sick Pay) (England and Wales and Northern Ireland) Regulations 2022 (S.I. 2022/362), reg. 2, but expires (S.N.I.) (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90) and is otherwise repealed (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (2022 c. 32), ss. 201(1), 208(5))
F8Words in s. 206C(6)(b) substituted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 24 para. 10(3)(c) (with ss. 88-90) (which affecting provision is continued (E.W.) by The Coronavirus Act 2020 (Delay in Expiry: Inquests, Courts and Tribunals, and Statutory Sick Pay) (England and Wales and Northern Ireland) Regulations 2022 (S.I. 2022/362), reg. 2, but expires (S.N.I.) (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90) and is otherwise repealed (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (2022 c. 32), ss. 201(1), 208(5))
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