Section 213B Period of custody awaiting extradition: effect on term of detention and training orderF1

(1)

This section applies where—

(a)

the Court Martial or the Service Civilian Court proposes to make an order under section 211 in respect of an offence,

(b)

the offender was tried for the offence, or is to be sentenced—

(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

(c)

the offender was kept in custody for any period while awaiting extradition to the United Kingdom.

(2)

The court must—

(a)

specify in open court the number of days for which the offender was kept in custody while awaiting extradition, and

(b)

take account of those days in determining the term of the order.

Annotations

F1: Ss. 213A, 213B inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(s), Sch. 16 para. 16

F1: Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)

C1: Pt. 8 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(2)