Section 188 Re-extradition to category 1 territoriesI1

United Kingdom

(1)

If this section applies, this Act applies as it would if—

(a)

a Part 1 warrant had been issued in respect of the person;

(b)

the warrant contained a statement that—

(i)

the person F1had been convicted of the relevant offence, and

(ii)

the warrant was issued with a view to the person’s arrest and extradition to the territory for the purpose of serving a sentence imposed in respect of the relevant offence;

(c)

the warrant were issued by the authority of the territory which issued the certificate referred to in section 186(5);

(d)

the relevant offence were specified in the warrant;

(e)

the judge were the appropriate judge for the purposes of Part 1;

(f)

the hearing at which the judge is to make the decision referred to in section 187(1) were the extradition hearing;

(g)

the proceedings before the judge were under Part 1.

(2)

As applied by subsection (1) this Act has effect with the modifications set out in Part 1 of Schedule 1.

(3)

The relevant offence is the offence in respect of which the overseas sentence is imposed.

Annotations

Textual amendments

F1: Words in s. 188(1)(b)(i) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 2(8); 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 Re-extradition

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))