Part 2U.K.Extradition to category 2 territories

The extradition hearingU.K.

Commencement Information

I2Act 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))

89Person 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 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. 89(1) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 71(5)(a), 116; S.I. 2009/3096, art. 3(n) (with art. 4)

F2Words in s. 89(2) substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 71(5)(b), 116; S.I. 2009/3096, art. 3(n) (with art. 4)

Commencement Information

I3Act 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))