I3Part 2Extradition to category 2 territories
I2Secretary of State’s functions
Act 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))
97I1Deferral: person charged with offence in United Kingdom
1
This section applies if—
a
the appropriate judge sends a case to the Secretary of State under this Part for his decision whether a person is to be extradited;
b
the person is charged with an offence in the United Kingdom.
C12
The Secretary of State must not make a decision with regard to the person’s extradition 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the charge is withdrawn;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 Secretary of State may defer making a decision with regard to the person’s extradition until F1the person is released from detention pursuant to the sentence (whether on licence or otherwise)F1.
Act 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))