22Person charged with offence in United KingdomU.K.
(1)This section applies if at any time in the extradition hearing the judge is informed that the person in respect of whom the Part 1 warrant is issued is charged with an offence in the United Kingdom.
(2)The judge must adjourn the extradition hearing until one of these occurs—
(a)the charge is disposed of;
(b)the charge is withdrawn;
(c)proceedings in respect of the charge are discontinued;
(d)an order is made for the charge to lie on the file, or in relation to Scotland, the diet is deserted pro loco et tempore.
(3)If a sentence of imprisonment or another form of detention is imposed in respect of the offence charged, the judge may adjourn the extradition hearing until [F1the person is released from detention pursuant to the sentence (whether on licence or otherwise)]F1.
(4)If before he adjourns the extradition hearing under subsection (2) the judge has decided under section 11 whether the person’s extradition is barred by reason of the rule against double jeopardy, the judge must decide that question again after the resumption of the hearing.
Textual Amendments
F1Words in s. 23(2) substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 71(2), 116; S.I. 2009/3096, art. 3(n) (with art. 4)
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))