OpenLegislation

Paragraph 11

United Kingdom

(1)

Section 18 is amended as follows.

(2)

In subsection (1) after paragraph (b) insert—

“(ba)

an offence which is not punishable with imprisonment; or

(bb)

an offence in respect of which no custodial sentence will be imposed; or

(bc)

an offence in connection with which the person returned will not be detained in custody; or

(bd)

an offence in respect of which he has notified the court in writing that he waives the right which (but for this paragraph) he would have not to be tried for the offence; or”.

(3)

After subsection (1) insert—

“(1A)

Subsection (1) above does not apply if—

(a)

the foreign state has made a declaration under Article 11 of the 1996 Convention, and

(b)

no indication has been given by the foreign state that consent should not be deemed to have been given in the person’s case.

F1(1B)

Where the foreign state has made a declaration under Article 6(3) of the 1996 Convention, fiscal offences, other than those connected with excise, value added tax or customs, are excluded from paragraph (ba) to (bd) of subsection (1) above.”.

Annotations

Textual amendments

F1

Words in Sch. 1A para. 11(3) inserted (26.6.2002) by The European Union Extradition (Amendment) Regulations 2002 (S.I. 2002/1662), reg. 2(4)

Notes on the whole Act

Textual amendments

F1

Act repealed (1.1.2004) by Extradition Act 2003 (c. 41), ss. 218(b), 220, 221, Sch. 4; S.I. 2003/3103, art. 2 (with savings in arts. 3-5 (as amended by S.I. 2003/3258 and S.I. 2003/3312)); Act amended (as so saved) by Courts Act 2003 (c. 39), Sch. 8 paras. 324-330; S.I. 2004/2066, art. 2(c)(xiv) (with art. 3); S.I. 2005/910, art. 3(y); Act further amended by Constitutional Reform Act 2005 (c. 4), Sch. 9 para. 52, Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)