OpenLegislation

Section 47 Persons extradited to the United Kingdom.I1C1

England and Wales

(1)

A short-term or long-term prisoner is an extradited prisoner for the purposes of this section if—

(a)

he was tried for the offence in respect of which his sentence was imposed—

(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)

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

(2)

If, in the case of an extradited prisoner, the court by which he was sentenced so ordered, section 67 of the 1967 Act (computation of sentences of imprisonment) shall have effect in relation to him as if a period specified in the order were a relevant period for the purposes of that section.

(3)

The period that may be so specified is such period as in the opinion of the court is just in all the circumstances and does not exceed the period of custody mentioned in subsection (1)(b) above.

(4)

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

S. 47(4) repealed (1.1.2004) by Extradition Act 2003 (c. 41), ss. 219, 220, 221, Sch. 3 para. 9, Sch. 4; S.I. 2003/3103, art. 2 (subject to savings in arts. 3-5 (of which art. 5 was substituted (11.12.2003) by S.I. 2003/3258 art. 2(2) and art. 3 was substituted (18.12.2003) by S.I. 2003/3312, art. 2(2)))

Modifications

C1

S. 47 modified (prosp.) by 1997 c. 43, ss. 56(1), 57(2), Sch. 5 para.4 (by 1998 c. 37, s. 120(2), Sch. 10 and S.I. 1998/2327, art. 2(1)(aa)(3)(x)) the said Sch. 5 paras. 1-4 were repealed (30.9.1998).

Commencement

I1

Pt. II (ss. 32-51) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

Notes on Part II

Textual amendments

F1

Pt. 2 (ss. 32-51) repealed (4.4.2005) by The Criminal Justice Act 2003 (c. 44), ss. 303(a), 332, 336, Sch. 37 Pt. 7; S.I. 2005/950, art. 2, Sch. 1 para. 44(k) (subject to art. 2(1), Sch. 2 (as amended by S.I. 2005/2122, art. 2)) and subject to amendments:

(15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 33; S.I. 2006/3364, art. 2(d)(e);

(1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 9(2)(3);

(7.4.2008) by The Early Removal of Short-Term and Long-Term Prisoners (Amendment of Requisite Period) Order 2008 (S.I. 2008/977), art. 2;

(9.6.2008 for certain purposes and 31.10.2009 otherwise) by Criminal Justice and immigration Act 2008 (c. 4), ss. 26(2)-(6), 153; S.I. 2008/1466, art. 2(a) (subject to art. 3); S.I. 2009/2606, art. 3(b);

(9.6.2008) by 1984 c. 49, Sch. para. 2(2A) (as inserted by Criminal Justice and immigration Act 2008 (c. 4), ss. 148, 153, Sch. 26 paras. 19(4)(b); S.I. 2008/1466, art. 2 (subject to art. 4));

(9.6.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148, 153, Sch. 26 para. 29(2)(5); S.I. 2008/1466, art. 2(c)

(14.7.2008) by Criminal Justice and immigration Act 2008 (c. 4), ss. 28(2)(3)(a)(b)(4)(5), 32(1), 149, 153, Sch. 28 Pt. 2 (with Sch. 27 para. 10); S.I. 2008/1586, art. 2(1), Sch. 1;

(3.11.2008) by Criminal Justice and immigration Act 2008 (c. 4), ss. 33(5)(6), 148, 149, 153, Sch. 26 para. 29(3)(4), Sch. 28 Pt. 2; S.I. 2008/2712, art. 2, Sch. (subject to arts. 3, 4);

(2.8.2010) by Coroners and Justice Act 2009 (c. 25), ss. 145(2)(3), 178, 182, Sch. 23 Pt. 5 (with s. 180, Sch. 22 para. 43); S.I. 2010/1858, art. 2(e)(i);

F2

Pt. 2: transitional provisions for the repeal by 2003 c. 44, s. 303(a) and specified transitional and savings provisions in S.I. 2005/950, Sch. 2 revoked (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 121(3), 151(1), Sch. 14 para. 17; S.I. 2012/2906, art. 2(d)(l)