23Person serving sentence 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 [F1in custody]F1 serving a sentence of imprisonment or another form of detention in the United Kingdom.
(2)The judge may adjourn the extradition hearing until [F2the person is released from detention pursuant to the sentence (whether on licence or otherwise)]F2.
[F3(3)In a case where an extradition hearing is adjourned under subsection (2)—
(a)section 131 of the Magistrates' Courts Act 1980 (remand of accused already in custody) has effect as if a reference to 28 clear days in subsection (1) or (2) of that section were a reference to six months;
(b)Article 47(2) of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (period of remand in custody) has effect as if a reference to 28 days in—
(i)paragraph (a)(iii), or
(ii)the words after paragraph (b),
were a reference to six months.]F3
Textual Amendments
F1Words in s. 23(1) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 71(3)(a), 116; S.I. 2009/3096, art. 3(n) (with art. 4)
F2Words in s. 23(2) substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 71(3)(b), 116; S.I. 2009/3096, art. 3(n) (with art. 4)
F3S. 23(3) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 7; S.I. 2006/3364, art. 2(d)(e)
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))