Sentencing Act 2020 (c. 17)

THIRD GROUP OF PARTS U.K. Disposals

PART 10 U.K. Custodial sentences

CHAPTER 9 E+W Sentence administration

Declaration about time to count as served E+W

327 Period in custody awaiting extradition: declaration by court E+W

(1) This section applies where a court imposes a fixed-term sentence on a person who—

(a) was tried for the offence in respect of which the sentence was imposed, or received the sentence—

(i) after having been extradited to the United Kingdom, and

(ii) without having first been restored or had an opportunity of leaving the United Kingdom, and

(b) was for any period kept in custody while awaiting extradition to the United Kingdom as mentioned in paragraph (a).

(2) In this section “fixed term sentence” means—

(a) a sentence of imprisonment for a determinate term,

(b) a determinate sentence of detention in a young offender institution, F1 ...

(c) a determinate sentence of detention under section 250 [F2 , 252A] or 254 [F3 , or

(d) a detention and training order.]

(3) The court must specify in open court the number of days for which the prisoner was kept in custody while awaiting extradition.

Textual Amendments

F1 Word in s. 327(2)(b) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(s), Sch. 16 para. 10(a)

F2 Word in s. 327(2)(c) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(24)

F3 S. 327(2)(d) and word inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(s), Sch. 16 para. 10(b)

Commencement Information

I1 S. 327 in force at 1.12.2020 by S.I. 2020/1236, reg. 2