Section 148 Extradition offencesI1

United Kingdom

(1)

Conduct constitutes an extradition offence in relation to the United Kingdom if these conditions are satisfied—

(a)

the conduct occurs in the United Kingdom;

(b)

the conduct is punishable under the law of the relevant part of the United Kingdom with imprisonment or another form of detention for a term of 12 months or a greater punishment.

(2)

Conduct also constitutes an extradition offence in relation to the United Kingdom if these conditions are satisfied—

(a)

the conduct occurs outside the United Kingdom;

(b)

the conduct constitutes an extra-territorial offence punishable under the law of the relevant part of the United Kingdom with imprisonment or another form of detention for a term of 12 months or a greater punishment.

(3)

But subsections (1) and (2) do not apply in relation to conduct of a person if—

(a)

he F1has been convicted by a court in the United Kingdom of the offence constituted by the conduct, and

(b)

he has been sentenced for the offence.

(4)

Conduct also constitutes an extradition offence in relation to the United Kingdom if these conditions are satisfied—

(a)

the conduct occurs in the United Kingdom;

(b)

a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the United Kingdom in respect of the conduct.

(5)

Conduct also constitutes an extradition offence in relation to the United Kingdom if these conditions are satisfied—

(a)

the conduct occurs outside the United Kingdom;

(b)

the conduct constitutes an extra-territorial offence;

(c)

a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the United Kingdom in respect of the conduct.

(6)

The relevant part of the United Kingdom is the part of the United Kingdom in which the relevant proceedings are taking place.

(7)

The relevant proceedings are the proceedings in which it is necessary to decide whether conduct constitutes an extradition offence.

(8)

Subsections (1) to (5) apply for the purposes of sections 142 to 147.

Annotations

Textual amendments

F1: Words in s. 148(3)(a) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 2(6); S.I. 2006/3364, art. 2(d)(e)

Commencement

I1: 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))

Notes on Part 3

Commencement

I1: 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))

Notes on Extradition from category 1 territories

Commencement

I1: 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))