PART 12Extradition

Time spent in custody awaiting extradition to the United Kingdom

I1173Discount on sentence for time spent in custody awaiting extradition: Northern Ireland

1

In section 38 of the Prison Act (Northern Ireland) 1953 (arrest, etc, of persons unlawfully at large), for subsection (3) there is substituted—

3

The provisions of subsection (2) shall not apply to any period during which any such person—

a

is detained in pursuance of any other sentence of any court in the United Kingdom in a prison or other institution, or

b

is kept in custody in a category 1 territory before, and only for the purpose of, being extradited to the United Kingdom to serve the term of imprisonment or detention referred to in that subsection,

but shall apply in addition to any other provisions of this Act imposing any punishment for an escape.

3A

In subsection (3) “category 1 territory” means a territory designated under the Extradition Act 2003 for the purposes of Part 1 of that Act.

2

In section 26 of the Treatment of Offenders Act (Northern Ireland) 1968 (duration of sentence), at the end of subsection (2A) there is inserted

; or

c

any period during which he was in custody in a category 1 territory with a view to his being extradited to the United Kingdom to be tried or sentenced for that offence (and not for any other reason).

In paragraph (c) “category 1 territory” means a territory designated under the Extradition Act 2003 for the purposes of Part 1 of that Act.