SCHEDULEPower of arrest for extradition purposes
PART 2Consequential amendments
Extradition Act 2003
I115
1
Section 136 (persons serving sentences outside territory where convicted) is amended as follows.
2
In subsection (1)—
a
in paragraph (a) omit “or” at the end;
b
in paragraph (b), at the end insert
, or
c
a request for the person's arrest is made by an authority of a specified category 2 territory (within the meaning of section 74B(7)) and the request contains the statement referred to in subsection (2).
3
In subsection (3)—
a
in paragraph (b), after “subsection (1)(b)” insert “
or (c) (as the case may be)
”
;
b
after paragraph (b) insert—
c
section 74C(1)(b) has effect as if the reference to the statement referred to in subsection (4) of that section were a reference to the statement in subsection (2) of this section;
d
section 74C(5) has effect as if paragraph (c) were omitted and as if in paragraph (d)—
i
“the category 2 territory” read “the convicting territory”;
ii
“if the person has been sentenced for the offence” were omitted.
4
In subsection (4)—
a
after paragraph (a) insert—
aa
section 74(7)(a) has effect as if “accused of the commission of an offence in a category 2 territory or that he is alleged to be unlawfully at large after conviction of an offence by a court in a category 2 territory” read “alleged to be unlawfully at large from a prison in the imprisoning territory after conviction of an offence in the convicting territory”;
b
after paragraph (c) insert—
ca
section 74B(1)(b) has effect as if sub-paragraph (i) were omitted and as if for sub-paragraph (ii) there were substituted—
ii
the person is alleged to be unlawfully at large from a prison in the imprisoning territory after conviction of an offence in the convicting territory;
cb
section 74B(1)(c) has effect as if “a serious extradition offence” read “a serious extradition offence in relation to the convicting territory”;
cc
section 74E(1)(a) has effect as if “accused of the commission of an offence in a category 2 territory or are alleged to be unlawfully at large after conviction of an offence by a court in a category 2 territory” read “alleged to be unlawfully at large from a prison in the imprisoning territory after conviction of an offence in the convicting territory”;
cd
section 74E(2)(a) has effect as if “the category 2 territory in which the person is accused of the commission of an offence or is alleged to have been convicted of an offence” read “the imprisoning territory”;